WITHOUT PREJUDICE Victorian Police

Victoria Police Centre, G.P.O Box 913 5Melbourne, VIC, 3001, AUSTRALIA

23-2-2011

C/o heidelberg.uni@police.vic.gov.au
Cc; Civic Compliance Victoria GPO Box 1916, Melbourne VIC 3001

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Ethical Standards Department Victoria Police Unit Victoria Police Centre, 737 Flinders Street, Melbourne 3005 Phone 1300 363 101, Facsimile 9247 3498

15 Sir/Madam,

Ref: Obligation Number 1106575301 It may not been known to you but in recent State elections I was a candidate promoting very much the (federal) constitution because this is the basis of all Australian law. After all it is within s.106 of this constitution that the States are created out of the colonies.

20.

As a CONSTITUTIONALIST I consider it essential that we do adhere to the constitution and so its true meaning and application as to do otherwise would invite dictatorship, tyranny and anarchy and surely the Victorian Police would not want to promote this?
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25Within the constitution we have the embedded legal principle of CIVIL RIGHTS and as the Victorian Police is noted on the Infringement Notice to The Operator (0201683566) then obviously you refer to the Operator of the vehicle concerned and not to the owner. I admit I never had any formal education in the English language and neither was English my native language but to me the term Operator is the person that actually controls the vehicle where as 30the owner may be a person who may not even drive any motor vehicle at all but has others doing so. So, the issue is if you forwarded the Notice to the Operator or not. Obviously the issue then is who is the person (Operator) referred to. Well It refers to SCHOREL-HLAVKA GERRIT H I am not aware such a person exist by such a name. I am Gerrit Hendrik Schorel-Hlavka and within my CIVIL RIGHTS I am entitled to have people using my 35correct name and as such if you are referring to some fictional upper case name then have your litigation against a fictional person but if you do mean to refer to me then kindly refrain from interfering with my CIVIL RIGHTS as to the usage of my surname. As the Infringement Notice does indicate that under the Crimes Act 1958 (which carries a maximum term of imprisonment of 10 years) to provide false or misleading information then whomever concocted 40my surname in all upper case letters clearly gave misleading information! The legal doctrine of ex turpi causa non oritur action (You cannot come to court with dirty hands) denies any remedy to a litigant (including a prosecutor or defendant) who does not come to court with clean hands. As such the Victorian Police cannot go to court to pursue proper enforcement of law against me when it violates my CIVIL RIGHTS to be referred to as I 45have my name and that is Gerrit Hendrik Schorel-Hlavka. After all unless and until the police does appropriately refer to my name it has no position to go to court in that regard because
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it would indicate to the court it TAKE THE LAW INTO ITS OWN HANDS and so has no position then to seek the court to enforce the rule of law.
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As a CONSTITUTIONALIST I also am well aware that the Framers of the Constitution 5specifically devised a democratic system based upon the Magna Carta and other provisions!
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http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/high_ct/1999/27.html?query= %22thi+act+and+all+law+made+by+the+parliament%22#fn50 QUOTE 10 Constitutional interpretation The starting point for a principled interpretation of the Constitution is the search for the intention of its makers[51]. END QUOTE
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15HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.- Of course it will be argued that this Constitution will have been made by the Parliament of the United Kingdom. That will be true in one sense, but not true in effect, because the provisions of this Constitution, the principles which it embodies, and the details of enactment by which 20 those principles are enforced, will all have been the work of Australians. END QUOTE
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HANSARD 17-3-1898 Constitution Convention Debates QUOTE 25 Mr. BARTON.- Having provided in that way for a free Constitution, we have provided for an Executive which is charged with the duty of maintaining the provisions of that Constitution; and, therefore, it can only act as the agents of the people. END QUOTE
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30HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. DEAKIN.- In this Constitution, although much is written much remains unwritten , END QUOTE
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35HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. DEAKIN.What a charter of liberty is embraced within this Bill-of political liberty and religious liberty-the liberty and the means to achieve all to which men in these days can reasonably aspire . A charter of liberty is enshrined in this Constitution, which is also a charter of peace-of peace, order, and good 40 government for the whole of the peoples whom it will embrace and unite. END QUOTE

The following will also make clear that the Framers of the Constitution intended to have CIVIL RIGHTS and LIBERTIES principles embedded in the Constitution;
45HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. CLARK.for the protection of certain fundamental rights and liberties which every individual citizen is entitled to claim that the federal government shall take under its protection and secure to him. 50END QUOTE
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HANSARD18-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. ISAACS.55 The right of a citizen of this great country, protected by the implied guarantees of its Constitution , END QUOTE
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HANSARD 27-1-1898 Constitution Convention Debates QUOTE p2 23-2-2011 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorelhlavka.com

Mr. BARTON.-Our civil rights are not in the hands of any Government, but the rights of the Crown in prosecuting criminals are. END QUOTE
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5Hansard 1-3-1898 Constitution Convention Debates QUOTE Mr. HIGGINS.-But suppose they go beyond their power?

Mr. GORDON.-It is still the expression of Parliament. Directly a Ministry seeks to enforce improperly 10 any law the citizen has his right. END QUOTE
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Hansard 8-2-1898 Constitution Convention Debates QUOTE

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Mr. OCONNOR (New South Wales).-I have mentioned before the reasons, and they appear to me to be very strong, why these words should be retained. The honorable member will not deny that there should be a guarantee in the Constitution that no person should be deprived of life, liberty, or property without due process of law. The simple object of this proposal is to insure that no state shall violate what is one of the first principles of citizenship.

20END QUOTE
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Hansard 8-2-1898 Constitution Convention Debates QUOTE

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Mr. OCONNOR.-With reference to the meaning of the term due process of law, there is in Baker's Annotated Notes on the Constitution of the United States, page 215, this statementDue process of law does not imply that all trials in the state courts affecting the property of persons must be by jury. The requirement is met if the trial be in accordance with the settled course of judicial proceedings, and this is regulated by the law of the state. If the state law provides that there shall be a due hearing given to the rights of the parties-

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Mr. BARTON.-And a judicial determination. Mr. OCONNOR.-Yes, and a judicial determination-that is all that is necessary.

END QUOTE
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Hansard 31-1-1898 Constitution Convention Debates 35QUOTE Mr. SOLOMON.We shall not only look to the Federal Judiciary for the protection of our interests, but also for the just interpretation of the Constitution: END QUOTE
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40Hansard 31-1-1898 Constitution Convention Debates QUOTE Mr. SOLOMON.Most of us, when we were candidates for election to the Federal Convention, placed great stress upon it as affording a means of bringing justice within easy reach of the poor man. END QUOTE
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As you may be aware the State of Victoria has abolished unsworn statements and as such we cannot have that some alleged speed detection device gives evidence as to an alleged offence because it must be sworn in or give an affirmation that it will tell the truth the whole truth and nothing but the truth (well to that nature) and I must be able to cross-examine the speed camera if 50it took the alleged picture of me when it really was aware of the true facts. After all, we have records showing that many motorists were wrongly booked for speeding when it was discovered that someone had wrongly set the camera. Well, it is for this essential that the speed detection device, being called speed camera or whatever is cross-examined as to give evidence in what circumstances it allegedly took a photograph of my vehicle, not that I concede it did!).
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After all, anyone could have tampered with the speed camera unbeknown to the persons who ordinary deal with the camera and so we need to elicit from the camera itself if it was violated or not. We cannot have that we assume that no one interfered with the camera! Also, it is well known that the police when apprehending an alleged law breaker has the right to 5determine if it will or will not issue an infringement notice. Obviously it is important that I cross examine the speed detection unit (speed camera) if it did apply this kind of reasoning and if not why not as we cannot have different kind of standards applied. Fancy a police officer accepting I had a valid excuse (not that I concede or imply I was exceeding any speed limits) to speed and the camera denies me the same courtesy. We would have then two different kinds of standards of 10law enforcement and that in my view would be highly inappropriate. So, I will have to question the speed camera (Ok by now you know I am referring to some speed detection device) as to the weather conditions, the possibility of being side tracked to other matters that could have caused a misinterpretation of details. After all we do have speed cameras who recorded trees to be speeding at 78 kilometres or more even so neither the tree or the camera 15was moving and we wouldnt want to have this kind of error causing an injustice, would we? So, I better cross-examine the speed camera as to if it has such kind of malfunction. We all are familiar with computers and the blue screen a computer at times causes to provide and so computers are vulnerable to all kind of problems and I am well entitled to verify with the speed camera, and obviously under oath or affirmation, that the various elements didnt interfere with 20its operation. Obviously it would be beyond the knowledge of someone else to give such evidence because that is like me trying to give evidence how you feel and say the migraine you may already have developed just reading this correspondence and you still havent come to the end of it.
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25Hansard 3-3-1898 Constitution Convention Debates QUOTE Mr. KINGSTON.-How would you define the word "citizen"? Mr. SYMON.-I do not think that it is necessary to frame a definition of "citizen." A citizen is one who is entitled to the immunities of citizenship. In short, a citizen is a citizen. I do not think you require a 30 definition, of "citizen" any more than you require a definition of "man" or "subject." Mr. ISAACS.-Would you include a corporation in the term "citizen"? Mr. SYMON.-Why not? Mr. ISAACS.-Well, in America they do not. Mr. SYMON.-I do not see why a corporation existing in one colony should not have the rights of a 35 corporation in another colony. Otherwise you defeat the objects of this Constitution. [start page 1783] Mr. ISAACS.-I agree that that ought to be so, but the word "citizen" will not include a corporation. Mr. SYMON.-Well, in my opinion it should. I END QUOTE
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Hansard 3-3-1898 Constitution Convention Debates QUOTE Mr. KINGSTON.-How would you define the word "citizen"? Mr. SYMON.-I do not think that it is necessary to frame a definition of "citizen." A citizen is one who 45 is entitled to the immunities of citizenship. In short, a citizen is a citizen. I do not think you require a definition, of "citizen" any more than you require a definition of "man" or "subject." Mr. ISAACS.-Would you include a corporation in the term "citizen"? Mr. SYMON.-Why not? Mr. ISAACS.-Well, in America they do not. 50 Mr. SYMON.-I do not see why a corporation existing in one colony should not have the rights of a corporation in another colony. Otherwise you defeat the objects of this Constitution. [start page 1783] Mr. ISAACS.-I agree that that ought to be so, but the word "citizen" will not include a corporation. Mr. SYMON.-Well, in my opinion it should. I 55END QUOTE
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In Macleod Lord Halsbury L.C. quoted (at p 458) the remarks of Parke B. in Jefferys v. Boosey (at p 926 of HLC (p 725 of ER)): QUOTE (T)he Legislature has no power over any persons except its own subjects, that is, persons natural-born 5 subjects, or resident, or whilst they are within the limits of the Kingdom. END QUOTE
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It is important to be aware if the speed camera would be a person as if the speed camera provided false and/or misleading evidence could it be prosecuted for perjury or conspiracy to 10conspire where it works in tandem with another speed camera? After all we found many Hume Highway infringement notices to be defective as one of the cameras was wrongly set and so was bearing false evidence.
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Sorell v Smith (1925) Lord Dunedin in the House of Lords 15QUOTE In an action against a set person in combination, a conspiracy to injure, followed by actual injury, will give good cause for action, and motive or instant where the act itself is not illegal is of the essence of the conspiracy. END QUOTE
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20As such, we need to establish if the camera is accountable under provisions of law to any false/misleading evidence it may have provided because if you do not apply the same sanctions to a camera whos evidence is relied upon then you are preventing a fair and proper trial to eventuate.
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25All persons giving evidence must be bound by the same laws and legal consequences.
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If a person is going to go up in the witness box to give evidence about the speed camera then this were to admit the speed camera cannot be cross examined and for this cannot be construed to be a credibly witness. Indeed it would fails the first principle of law that it is not a person that can 30be accepted to give unbias evidence because it would be subject to any person who may wrongly set the camera.
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I am also a bit surprised that the Infringement Notice states that I can obtain a image at a payment of $7.50 as I understood that in law no witness can charge for giving evidence as to the 35fact but may claim to the court for expenditure to attend, etc. So, I will look forwards for the speed camera to make its own application to the court for cost it incurred. If the camera cannot produce its own images but this is to be done by some other computer system then oh boy now we get it the camera isnt bearing witness at all because it has no control over who print an image. So, we now have perhaps some other computer system coming to court to give evidence 40as to that the particular image is that as provided by the speed camera. More evidence and I then have to cross examine the computer as to how did it know it didnt misinterpret any transfer of bytes (that is how ordinary computer language is used) or other computer related programs. We cannot merely assume that this doesnt occur because again the darn blue screen on computers are evident it can happen to anyone. And we can hardly have a police officer giving evidence this 45didnt eventuate because how would a police officer know that the bytes of one computer wasnt misinterpreted by another computer program and by this incorrectly printed out an image?
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I had this incident, way back in 1996, when I purchased an old computer and discovered there was such things as hidden files on it. Ok, not then knowing what it stood for I assumed 50something secret and here I was with one of my sons printing it all out. Boy, did the printer have a job. In the end we couldnt find anything secret in it and so deleted the lot. Ok, now we discovered the darn computer no longer wanted to work with certain programs and having the print out I had to recreate the hidden files and well after weeks of slogging it out we finally were able to get it going , hidden files and all. I learned from this that no matter if you know
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nothing about computers it was obvious that I (and not to forget my son) was able to recreate computer files. So, it is then obvious that I desire to cross-examine the relevant computer if it had any kind of tampering/replacement of its files that may have affected its print out?
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5Also, why on earth should I have to pay $7.50 for a print out that besides not reliable is allegedly evidence against me? Surely if the speed camera is alleging I was speeding (not that I concede I was in breach of any laws and neither that I was the person referred to in upper case letters) then it must provide the evidence free of charge. As any accused is entitled to be made aware of what purported evidence is used against him/her.
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Commonwealth of Australia Constitution Act (The Constitution) QUOTE Part VPowers of the Parliament 51 Legislative powers of the Parliament [see Notes 10 and 11] 15 The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: END QUOTE
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20QUOTE (xv) weights and measures; END QUOTE

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Oops, I will have to cross-examine the speed camera and the computer if they both were actually 25approved within the legal provisions of the Commonwealth of Australia as to measuring, etc.
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Hansard 21-1-1898 Constitution Convention Debates QUOTE Mr. REID

30

The object is this, that for some time to come it will not be possible for the Federal Legislature to pass laws on these subjects, and it is necessary to have some laws on them-the state laws if they exist-until federal laws are enacted; but the moment a federal law is passed on any one of these subjects, under the provision under the head of "States" the federal law prevails over the state law.

END QUOTE
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Therefore, unless the equipment used was confirming with and approved under federal laws then the alleged speed infringement notice is of no value for this also.
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Commonwealth of Australia Constitution Act 40(The Constitution) QUOTE Part VPowers of the Parliament 51 Legislative powers of the Parliament [see Notes 10 and 11] The Parliament shall, subject to this Constitution, have power to 45 make laws for the peace, order, and good government of the Commonwealth with respect to: END QUOTE
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QUOTE 50 (xii) currency, coinage, and legal tender; END QUOTE

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QUOTE 115 States not to coin money 55 A State shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts. END QUOTE
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This means that the offer of paying by Infringement Penalty Payment Method obviously is neither constitutionally valid because it fails to comply with constitutional provisions. Look, the Victorian Police as a law enforcement agency obviously must itself comply with the RULE OF LAW and not disregard the proper application of constitutional meanings and 5provisions (embedded legal principles or otherwise) and so we better make sure that the Victorian Police itself follows proper legal procedures as permissible under the (federal) constitution! Obviously, we have also the issue of the Imperial Act Interpretation Act 1980 (Vic) which makes clear that no fines can be issued before conviction. Moment, are you claiming that some court convicted me without judicial determination and 10without having heard first both parties? I like to have a print out of the evidence given under oath or under affirmation by the relevant speed camera and any computer used to produce the said image, if that was at all printed out at the time for the purported court hearing. So, I better get the full transcript of the entire hearing so I can establish what the legal process, if any, was and how it followed constitutional legal 15principles, etc.
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I am concerned as to the demand of payment BEFORE CONVICTION BY A COURT OF LAW and the inclusion of FURTHER COSTS WILL BE INCUIRRED IF NO ACTION IS TAKEN BY THE DUE DATE because it is basically an act of terrorism to induce/cause a 20person to pay up in disregard to his/her constitutional rights. Surely this kind of what I perceive to be BLACKMAIL to extort monies from a citizen without DUE PROCESS OF LAW of a JUDICIAL DECISION after hearing both parties cannot be sanctioned and neither should the Victorian Police as a law enforcement agency get involved with such a practice of sheer terrorism because it then has no credibility as a law enforcement agency.
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In case you now may start to claim that those laws were enacted by the Victorian parliament then I got news for you. On 19 July 2006, after a 5-year epic legal battle I comprehensively defeated the Commonwealth on FAILING TO VOTE as to show to the County court of Victoria then regardless of whatever the Commonwealth Parliament may have legislated the Framers of the 30Constitution refused to give the Commonwealth powers to make registration and voting compulsory. So, the existence of legislation itself doesnt mean anything as if it is beyond constitutional powers it is a nullity. Ok, this is about speeding and not about FAILING TO VOTE but if you carefully check the 50 odd submissions I placed before the Court and of which none were challenged by the 35Commonwealth and/or any of the State Attorney-Generals, even so they were all provided with copies of my NOTICE OF CONSTITUTIONAL MATTERS then you find that I actually challenged the validity of any lawyer, judge, police officer, parliamentarian, etc, to be validly appointed. You see all those appointments rest with any or all of them having a nationality of Australian Citizenship and the problem is that constitutionally no such nationality exists! 40While the 1988 Royal Commission assumes that the Commonwealth could legislate as to a nationality of Australian citizenship the truth is that the constitution doesnt provide for any amendment to the (federal) constitution but by way of s.128 referendum. As such if you are going to claim that the 1988 Royal Commission can assume about australian citizenship as a nationality then I will assume all speed cameras are my person property and I cannot be 45forced to give evidence against myself.
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It must be clear that the terminology used by the Framers of the Constitution are; British subject, to make persons subjects of the British Empire. , with the consent of the Imperial authority, What is meant is a dual citizenship in Mr. Trenwith and myself. That 50is to say, I am a citizen of the state and I am also a citizen of the Commonwealth; that is the dual citizenship., we are all alike subjects of the British Crown. We have a High Court of
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Australia that appears to me being political motivated to try to alter the Constitution by stealth in the Sue v Hill case by endorsing a substitute Constitution! The question is if the judges of the High Court of Australia committed TREASON?
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5Hansard 2-3-1898 Constitution Convention Debates QUOTE

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15

20

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Mr. SYMON.-Very likely not. What I want to know is, if there is anybody who will come under the operation of the law, so as to be a citizen of the Commonwealth, who would not also be entitled to be a citizen of the state? There ought to be no opportunity for such discrimination as would allow a section of a state to remain outside the pale of the Commonwealth, except with regard to legislation as to aliens. Dual citizenship exists, but it is not dual citizenship of persons, it is dual citizenship in each person. There may be two men-Jones and Smith-in one state, both of whom are citizens of the state, but one only is a citizen of the Commonwealth. That would not be the dual citizenship meant. What is meant is a dual citizenship in Mr. Trenwith and myself. That is to say, I am a citizen of the state and I am also a citizen of the Commonwealth; that is the dual citizenship. That does not affect the operation of this clause at all. But if we introduce this clause, it is open to the whole of the powerful criticism of Mr. O'Connor and those who say that it is putting on the face of the Constitution an unnecessary provision, and one which we do not expect will be exercised adversely or improperly, and, therefore, it is much better to be left out. Let us, in dealing with this question, be as careful as we possibly, can that we do not qualify the citizenship of this Commonwealth in any way or exclude anybody [start page 1764] from it, and let us do that with precision and clearness. As a citizen of a state I claim the right to be a citizen of the Commonwealth. I do not want to place in the hands of the Commonwealth Parliament, however much I may be prepared to trust it, the right of depriving me of citizenship. I put this only as an argument, because no one would anticipate such a thing, but the Commonwealth Parliament might say that nobody possessed of less than 1,000 a year should be a citizen of the Federation. You are putting that power in the hands of Parliament. Mr. HIGGINS.-Why not?

Mr. SYMON.-I would not put such a power in the hands of any Parliament. We must rest this Constitution on a foundation that we understand, and we mean that every citizen of a state shall be a citizen of the Commonwealth, and that the Commonwealth shall have no right to withdraw, qualify, or 30 restrict those rights of citizenship, except with regard to one particular set of people who are subject to disabilities, as aliens, and so on. END QUOTE
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Ok, now that we are onto amending the constitution, and again I am a 35CONSTITUTIONALIST, then lets have a look as the Victorian Constitution. Did you know that no State constitution can be amended but by a proposal by the State Parliament to the State electors by way of State Referendum to amend the State Constitution?
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HANSARD 17-3-1898 Constitution Convention Debates 40QUOTE Mr. SYMON (South Australia).- We who are assembled in this Convention are about to commit to the people of Australia a new charter of union and liberty; we are about to commit this new Magna Charta for their acceptance and confirmation, and I can conceive of nothing of greater magnitude in the whole history of the peoples of the world than this question upon which we are about to invite the peoples of 45 Australia to vote. The Great Charter was wrung by the barons of England from a reluctant king. This new charter is to be given by the people of Australia to themselves . END QUOTE . HANSARD 17-3-1898 Constitution Convention Debates 50QUOTE Mr. BARTON.- We can have every faith in the constitution of that tribunal. It is appointed as the arbiter of the Constitution. . It is appointed not to be above the Constitution, for no citizen is above it, but under it; but it is appointed for the purpose of saying that those who are the instruments of the Constitutionthe Government and the Parliament of the day-shall not become the masters of those whom, as to the 55 Constitution, they are bound to serve. What I mean is this: That if you, after making a Constitution of this kind, enable any Government or any Parliament to twist or infringe its provisions , then by slow degrees you may have that Constitution-if not altered in terms-so whittled away in operation that the
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guarantees of freedom which it gives your people will not be maintained; and so, in the highest sense, the court you are creating here, which is to be the final interpreter of that Constitution, will be such a tribunal as will preserve the popular liberty in all these regards, and will prevent, under any pretext of constitutional action, the Commonwealth from dominating the states, or the states from usurping the sphere 5 of the Commonwealth. END QUOTE
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HANSARD 10-03-1891 Constitution Convention Debates QUOTE 10 Dr. COCKBURN: All our experience hitherto has been under the condition of parliamentary sovereignty. Parliament has been the supreme body. But when we embark on federation we throw parliamentary sovereignty overboard. Parliament is no longer supreme. Our parliaments at present are not only legislative, but constituent bodies. They have not only the power of legislation, but the power of amending their constitutions. That must disappear at once on the abolition of parliamentary 15 sovereignty. No parliament under a federation can be a constituent body; it will cease to have the power of changing its constitution at its own will. Again, instead of parliament being supreme, the parliaments of a federation are coordinate bodies-the main power is split up, instead of being vested in one body. More than all that, there is this difference: When parliamentary sovereignty is dispensed with, instead of there being a high court of parliament, you bring into existence a powerful judiciary 20 which towers above all powers, legislative and executive, and which is the sole arbiter and interpreter of the constitution. END QUOTE
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Hansard 15-9-1897 Constitution Convention Debates 25QUOTE The Hon. A. DEAKIN: I say the great bulk of them are of that character, and am open to refutation if I am wrong, I should say that the whole of the thirty-seven subjects, but, indisputably, the great bulk of them, are subjects on which no question of state rights and state interests could arise except by the merest accident. It is, as the right hon. gentleman admitted, a grave defect in our constitution if we permit these questions to be left for all time to be determined in a purely states house, or by a state referendum, when those questions are not state questions-when they ought to be decided, not on state lines, but on national lines, and by a national referendum.

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END QUOTE
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35If therefore the purported Victorian Constitution Act 1975, etc, was not approved by a State referendum then it has no constitutional validity at all. It means that then neither any purported legislation enacted within this purported Victorian Constitution Act 1975 has any validity. It also means that it is so to say up the creek as to who is validly appointed to be legal practitioners and indeed lawyers, judges, police officers, etc. 40Further, within our constitutional context all and any legislation must be enacted within the provisions of the Crown. That is what a constitutional parliament only can do. It has no powers to do otherwise. It also means that any charges are to be made in the name of the Crown. No State has the constitutional powers (see above) to twist or infringe upon the true meaning of the constitution and as such unless any claims are made in the name of the Crown it holds no legal 45basis.
Commonwealth of Australia Constitution Act (The Constitution) QUOTE 117 Rights of residents in States A subject of the Queen, resident in any State, shall not be subject 50 in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State. END QUOTE

55This means that where the Infringement Notice claims that I have Demerit Points: 1 then unless this is applicable as such to every other citizen in the Commonwealth of Australia who allegedly committed the same offence (again not that I admit to such an offence having
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eventuated) then this too is unconstitutional. After all each state has its own point system and by this the application of a demerit point to a Victorian driver is not applied likewise to certain Interstate drivers and as such by this is unconstitutional. And, again such a fine, as it is perceived to be a penalty, cannot be applied unless there was a judicial determination after 5both parties were given the opportunity to present their respective cases.
.

I then wonder why the Infringement Notice refers under 3 refers to Have the matter heard and determined in Court as this implies to me the Victorian Police so to say is operating some kind of shonky business of an extortion racket to terrorist motorist/owners of motor vehicles, etc, as to 10pay up on an alleged fine without any judicial decision and so without DUE PROCESS OF LAW! Fancy this to be called LAW ENFORCEMENT!
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Hansard 17-9-1897 Constitution Convention Debates QUOTE 15 The Hon. Sir J.W. DOWNER (South Australia)[4.10]: I have none of the fears of my colleague, who has just resumed his seat. The safety-valves he spoke about are created in the governments which we know as constitutional governments by providing judicious checks on hasty legislation. My hon. friend has just been arguing that these most necessary and legitimate checks are in themselves dangerous to society, likely to produce rebellion, and to land us in civil war. 20END QUOTE
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You may find plenty of lawyers in any Parliament but none are CONSTITUTIONALIST as I am but they might also be plenty of rock stars, sport stars, etc, and none of them having a clue what is constitutionally appropriate, applicable and permissible. And I recognise the Victorian 25Police may continue this charade against me in the courts and then faced I will OBJECT TO THE JUSRISIDICTION OF THE COURT because of what is stated above as well as upon what was before the County Court of Victoria on 19 July 2006 and so the Court cannot proceed against me but in the alternative I also am aware the Victorian Police can instead apologise for writing my name incorrectly, making unsupported allegations against me and withdrawing its 30purported Infringement Notice 1106575301unconstitutionally and will not pursue the matter ever again against me because failing this I can assure you I will defend my constitutional rights and the Victorian Police may also have to realise that it could ill afford to be comprehensively defeated as then all other persons may likewise rely upon this.

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QUOTE If You Don't Take Action

5

If you do not pay your fine and you ignore all reminders, the matter becomes more serious and costly. The Infringements Court may issue an infringement warrant, giving the Sheriff power to enforce that warrant. The measures the Sheriff can take to enforce an unpaid infringement warrant include: the seizure and sale of your property suspension of your driver licence suspension of your vehicle's registration non-renewal of your vehicle's registration wheel clamping of your vehicle your arrest

10

END QUOTE
15

With a RULE OF LAW to be upheld I have concerns that a so called Infringement Court is not a court that is constitutionally valid and I urge you to avoid anyone, not just myself, to be denied our constitutional rights and privileges. After all if the Infringement Court is not a court that facilitate for a proper and fair hearing and doesnt provide for a judicial determination upon 20hearing evidence of both parties then it is unconstitutional and lacks any enforcement powers! As indicated above if the above purported provisions do not apply likewise to Interstate motorist, then they are unconstitutional! And, as the Victorian Parliament has no legislative powers over Interstate drivers to have their interstate drivers licence cancelled, their vehicle registration not being renewed, their vehicle being wheel clamped in another State, their property being seized
5

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and sold or hey being arrested interstate then all and any such provisions cannot be enforced upon Victorian motorist either. This is the problem not having a CONSTITUTIONALIST as a member of parliament because rock stars may have rocks in their head but certainly are not CONSTITUTIONALIST, They can sing to the tune of the Government of the day and play to 5the tune of the government policies but it still will not be constitutionally valid. The Marshal or for that any other purported law enforcement authority may in that regard be the lawbreaker! Now, is this the kind of terrorism we should be subjected to?
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Hansard 1-3-1898 Constitution Convention Debates 10QUOTE Sir JOHN DOWNER.I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say that there shall be embedded in the Constitution the righteous principle that the Ministers of the Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as 15 any private person would be. END QUOTE
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Those who are wheel clamping, etc, may just discover they are in violation of constitutional rights of the motor vehicle owners/drivers and may just discover that they can be personally sued 20for doing so. As the Neurenberg trials made clear that claiming to following orders is no excuse! We have a constitution and we are bound to act within its provisions!
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As for making an application to go to court, now isnt that darn silly? I object to the jurisdiction of the Court and as such cannot make an application that undermines my objection. If the 25Victorian Police pursues this matter then it must be by now aware it and it alone has to take the matter to court as the legislation cannot be constitutionally valid to place the onus upon me to apply to a court for the prosecutor to litigate against me. That is the job of a prosecutor and failing the prosecutor to take the matter to court there is in that case neither any jurisdiction for any court under whatever name it may purport to operate to invoke jurisdiction.
30.

The above stated must not be perceived and neither is intended to indicate that I in any way implied or otherwise conceded to have been in breach of law and/or that this is the totality of what I had to state because it must be obvious that my reference to the 19 July 2006 decision of the County Court of Victoria regarding constitutional and other legal issues then also is now 35relied upon by me and the Victorian Attorney-General at the time, despite having been given an opportunity to dispute my submissions didnt do so and neither appealed the courts decision and as such the State of Victoria, so any law enforcement agency, is bound by it!
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MAY JUSTICE ALWAYS PREVAIL

40.

(Our

name is our motto!)

.

. 45Awaiting your response, G. H. Schorel-Hlavka

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