Judicial Crisis and Treason by the HIGH COURT of Australia
Special Rapporteur of the Commission on Human Rights on the Independence of Judges and Lawyers (urgent-action@ohchr.org) and ask them to register the attached petition so that it can be assessed for admissibility and merit.
This is a test case for equal access to the legal system for all Australia. As opinioned by HIGH COURT Judge Hayne, apparently Australian with SouthEast Asian Heritage, can not have their cases heard in the HIGH COURT under Australian Constitution;
The Underlying case is HUMAN RIGHTS violation from HREOC and HREOC president John von Doussa, matter as sent to the Special Rapporteur of the Commission on Human Rights on the Independence of Judges and Lawyers (urgent-action@ohchr.org).
I ask that you do it to make the UN HUMAN RIGHTS COUNCIL relevant and accountable to the various mandate under it, quoting the date and name
Communication to: Special Rapporteur of the Commission on Human Rights on the Independence of Judges and Lawyers
If you are in trouble in the courts on minor charges (Disclaimer: <u>this is NOT legal advice and i am NOT responsible for how u use info displayed here</u>), challenge the Jurisdiction of the Courts based on HIGH COURT CASE M142/2007, which indicates that HIGH COURT JUDGES can make LAWS !! as opposed to the Parliament. And that the COURT can run cases for the Commonwealth of Australia, by fabricating "facts" and evidence. You will not find an authorised decision of the HIGH COURT as i have been told, due to the bogus decision of the Judge Hayne.
As for the Governor General, he changed the Fees Regulations just for yours truly, which is an honour. Is it possible without an Act of Parliament? I think we will find out.
[
State the facts showing the matter is one to which Section 78B of the Judiciary
Act 1903 applies. ]
- On 24th
January 2008, the Honorable Kenneth Madison Hayne conspired to pervert
justice by violating the Plaintiff’s rights to Originating Process and
Notice(s) of Constitutional Matter in the High Court jurisdiction in
direct violation of the HREOCA 1986 and RDA 1975 which give rise to Australia’s
obligations under the Universal Declaration of Human Rights, International
Convention on the Elimination of All Forms of Racial Discrimination,
International Covenant on Civil and Political Rights, International
Covenant on Economic, Social and Cultural Rights, under articles relating
to “right to an effective remedy by the competent national tribunals” and
“right to social security”.
- The Honorable Kenneth
Madison Hayne not only prejudiced the process by effectively running the
defence for the Defendants, (who failed to file notices of
appearances), on false pretenses and non-existent jurisdiction; All
Defendants failed to appear to challenge the proceedings;
- The Justice failed to
recognize “Peremptory Stay of Proceedings” on challenges of jurisdiction
at the lower courts;
- The Justice failed to
award court costs for the Defendants’ non-appearances and for costs from
costs regulations 8.2, 9, 10, 11;
- Major General Michael
Jeffery authorized Fee Regulations Rule 11, without authorization of Australian
Parliament, and contrary to Australia’s obligations to
ICCPR article 14.1 and others; thereby authorized the Commonwealth’s
violations of the Plaintiff’s Human Rights of access to the High Courts,
and lower Courts;
- On 24th
January 2008, the Honorable Kenneth Madison Hayne refused to authenticate
in writing his decision to dismiss
application to which Section 78B of the Judiciary Act 1903 applies, rendering
his decision unconstitutional and invalid;
- On 24th
January 2008, the Honorable Kenneth Madison Hayne indicated that
Australian Citizens of SouthEast Asian descent had no access to the High
Court for the following unlawful discrimination of the Judiciary and
Statutory bodies:
Form 1 Notice of a constitutional matter
(rule 5.01.3)
IN THE HIGH COURT OF AUSTRALIA No. of
[ MELBOURNE OFFICE OF THE ] REGISTRY
BETWEEN:
CP
Plaintiff
and
The Hon Kenneth Madison Hayne Defendants
Judge, High Court of Australia
Major General Michael Jeffery
AC CVO MC
Governor
General (Commonwealth of Australia)
NOTICE OF A CONSTITUTIONAL
MATTER
1. The Plaintiff gives notice that this proceeding involves a
matter arising under the Constitution or involving its interpretation within
the meaning of Section 78B of the Judiciary Act 1903 .
2. [ State the nature of the matter
(e.g., the constitutional issue which is said to arise). ]
a. A matter arising under The
Constitution or involving its interpretation within the meaning of section 78B
of the Judiciary Act 1903: whether the Affidavits and the sworn Statements of
Australian Citizens of Southeast Asian descent are less valid and of less legal
significance than the lies and fabrication of other Australians and the
Commonwealth of Australia;
b. Human Rights and Equal Opportunity
Act (HREOA) 1986 (Cth): whether Australia has obligations under International Convention on Civil and Politcal Rights and other
International Human Rights charters make it unlawful to deprive Australian
citizens access to the laws and legal process and to basic Human Rights;
c.
Racial Discrimination Act 1975 (Cth): whether Australia has obligations
under International Convention
on the Elimination of All Forms of Racial Discrimination and whether Commonwealth laws (HREOA and RDA) make it
unlawful to discriminate and treat differently based on race; and whether the
Judiciary is exempt from them;
d. Whether Order 53 r 2, O 53B r 2 and
O59 r 1 and Section 44 of the Administrative Appeals Tribunal Act 1975 permit
the Plaintiff the option seek the Court make findings of facts;
e.
Evidence Act 1958: whether
hearsay is admissible; Respondents’ documents satisfy all the elements that
make them prima facie inadmissible by
the rule against hearsay;
f.
Whether perjury is endorsed and encouraged by the Judiciary in the
interpretation and/or application of the Judiciary Act 1903 and/or any other
Acts;
g. Whether fabrication of evidence and facts
are endorsed and encouraged by the Judiciary in the interpretation and/or
application of the Judiciary Act 1903 and/or any other Acts;
http://kangaroocourtaustralia.com













Communication to: Special Rapporteur of the Commission on Human
How effective is the new UN HUMAN RIGHTS COUNCIL'S SPECIAL PROCEDURES for petitions against HUMAN RIGHTS VIOLATIONS
this case will test it out and a way for others to use for remedies
http://rapidshare.com/files/90317709/OHCHR.24January2008.web.pdf.html
Date: Thursday, January 24, 2008
Communication
to: Special Rapporteur of the Commission on Human Rights on the Independence of Judges
and Lawyers
Human
Rights Council Complaint Procedure
Accordingly,
ECOSOC resolution 1503 (XLVIII) of 27 May 1970 as revised by resolution 2000/3
of 19 June 2000, served as a working basis for the establishment of a new
Complaint Procedure and was improved where necessary to ensure that the
complaint procedure be impartial, objective, efficient, victims-oriented and conducted
in a timely manner.
Review
of the 1503 procedure
Pursuant
to Council resolution 5/1, the Complaint Procedure is being established to
address consistent patterns of gross and reliably attested violations of all
human rights and all fundamental freedoms occurring in any part of the world
and under any circumstances.
It
retains its confidential nature, with a view to enhancing cooperation with the
State concerned. The procedure, inter alia, is to be victims-oriented and
conducted in a timely manner.
After
consulting the requirements established by each mandate for the submission of
allegations, information can be submitted by fax to +41 22 917 90 06, by e-mail
to urgent-action@ohchr.org , or by postal mail to:
OHCHR-UNOG
8-14
Avenue de la Paix
1211
Geneva 10
Switzerland
“Special circumstances of urgency
As with the other procedures described, you may seek interim measures
by the Committee to prevent irreparable damage while the communication is being
considered. The basis for such a request by the Committee to a State party is
rule 91(3) of the rules of procedure.
Additional pointers on the admissibility of your case
You should be aware that complaints to the Committee on the Elimination
of Racial Discrimination differ on two issues of admissibility from the general
procedure outlined above. First, your complaint will not be considered
inadmissible if the same matter is pending before or has been the subject of a
decision by another international procedure. Second, as already emphasized,
complaints brought after a six-month time limit will, as a rule, be declared
inadmissible.”
We request Special circumstances of Urgency so that Australian Citizens of all ethnicity can gain
access to
a.
the law and legal system and
b.
under Australian laws and Constitution;
In addition an innocent man
Mr Phuong Ngo is in prison for lack of a fair trial; Mr’s example is clear
example of the disregard for law and order , and the conspiracy to pervert
justice.
Date: Thursday, January 24, 2008
Communication to: Special Rapporteur of
the Commission on Human Rights on the Independence
of Judges and Lawyers
After
consulting the requirements established by each mandate for the submission of
allegations, information can be submitted by fax to +41 22 917 90 06, by e-mail
to urgent-action@ohchr.org , or by postal mail to:
OHCHR-UNOG
8-14
Avenue de la Paix
1211
Geneva 10
Switzerland
With
application for Special circumstances of urgency or sensitivity due to
incarceration, and with regards to Article 5 (b) “The individual has
exhausted all available domestic remedies. This shall not be the rule where the
application of the remedies is unreasonably prolonged”.
This
petition is to be faxed and a copy to be emailed to the above address.
Should
the attachments fail to send properly please see the email;
Should
my English be inadequate, please contact me asap
1. Information concerning the author of the
communication
Name: First
name:
Nationality: Australian Profession: Medical Research/IT
Date
and place of birth: . Long Xien, Vietnam.
Present
address: .
Address
for exchange of confidential correspondence:
nwn.webmaster@gmail.com
Submitting the communication as:
(a) Victim of the Human Rights violation
or violations set forth below:
The overriding violation of my Civil Rights is
the denial of "access to a competent, independent and impartial tribunal and
court established by law" which, in Australia is governed by the
Australian Constitution and the Human Rights and Equal Opportunity Act (Cth)
1986; as established as Constitutional
Law in Australia (see: Schedule 2, Constitutional enactments, NSW Imperial Acts
Application Act 1969 No 30). Further there is a conspiracy to pervert the
course of justice by perjury and fabricating court documents and conspiracy to
cause injury instructed by the Prime Minister and the Attorney General and the
President of Human Rights and Equal Opportunity Commission;
The denial of my Civil and Human Rights has
resulted in:-
1. Conspiracy to Pervert of the Course
of Justice, perjury and denying of access to the Australian Constitution and
the Australian Laws (* Federal Court No. 491 of 2007)
2. Unlawful authority by the President
of Human Rights and Equal Opportunity Commission, John von Doussa (* Federal
Court No. 491 of 2007)
3. Unlawful
denial of access to remedy from violations of Human Rights and inhumane degradation
(* Federal Court No. 491 of 2007)
4. Conspiracy
to Pervert the Course of Justice , perjury and denying of access to the
Australian Constitution and the Australian Laws (* Administrative Appeals
tribunal No. 2007/1865)
(Where *)
II. Information
concerning the alleged victim(s) (if other than author)
Phuong Ngo community
worker
http://home.iprimus.com.au/dna_info/phreephuong/
PO Box 109, Glebe, NSW 2037
email phreephuong@hotmail.com
Vivian
Solon, Cornelia Rau, Tony Tran
Aborigines
Black deaths in Custody cases and other cases;
III. State
concerned/articles violated/domestic remedies
Australia and
United
Kingdom of Great Britain and Northern Ireland.
These
are the local (Federal) laws that give effect to Australia’s obligation to the Universal
Declaration of Human Rights
* Age Discrimination Act 2004
* Disability Discrimination Act 1992
* Human Rights and Equal Opportunity Commission Act 1986
* Race Discrimination Act 1975
* Sex Discrimination Act 1984
http://www.hreoc.gov.au/about/legislation/index.html
Affidavit against White Australia Policy
http://rapidshare.com/files/90804544/IN_THE_HIGH_COURT_OF_AUSTRALIA.affidavit.08february2008.web.pdf.html
Re: Judicial Crisis and Treason by the HIGH COURT of Australia
i feel a little bit more stupid after having read this website
Re: Judicial Crisis and Treason by the HIGH COURT of Australia
yeah well you dont know how stupid you are until you see the light