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WITHOUT PREJUDICE 5
Ted Baillieu Premier of Victoria ted.baillieu@parliament.vic.gov.au Cc:

6-9-2011

Acting Chief Commissioner of the Victorian Police C/o heidelberg.uni@police.vic.gov.au C/o Victoria Police Centre, G.P.O Box 913, Melbourne, VIC, 3001, AUSTRALIA Civic Compliance Victoria GPO Box 1916, Melbourne VIC 3001 Traffic_Inquiries@tenixsolutions.com Mr Grey Chief Magistrate, Magistrates Court of Victoria Ground Floor, 277 William Street Melbourne Vic 3000 C/o help@magistratescourt.vic.gov.au

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Ref: Infringement Court case Number 1158210495 Infringement Notice Number 0201683566

COMPLAINT
20 Ted, As a CONSTITUTIONALIST I expressed in previous correspondence my disapproval of how the Government has been misusing and abusing the legal processes and by this undermined not just mione but other citizerns also constitutional rights such as to maintain a separation of powers between the legislators, the executives and the judiciary. I did also set out hiow the purported Infringement Act 2006 was failing to adhere to the separation of powers. Recentlyt (see below) the magistrates Court of victoria dismissed charges of speeding against a police officer and so despite that the Auditor-General had somehow justified the usage of speed cameras including the one subject to the litigation. The difference obviously is that the auditorGeneral is not comprising as a judicial body and hence its findings are not having the weight as that of any court of law. Hence, the magistrate was ordinary in my view entitled to dismiss the charges. I write ordinary because I view that Chief magistrate Grey should have halted all and any proceedings in regard of the usage of the purported Infringement Act 2006 where I had challenged the constitutional validity of the said act (being ULTRA VIRES) and no court ruled subsequently that it was INTRA VIRES and so for all purposes and intend all and any court decision involving the purported Infringement Act 2006 is therefore NULL AND VOID and so including the saiud Magistrates Court decision. There uis no such thing as for a court tio disregard the invalidity of a purported legislation and continue to enforce it where it was placed under legal challenge by me already many months ago, actually since February 20011. As I did set lout in previous correspondence the Framers of the constitution made clear that once there was a legal challenge then the legislation became ULTRA VIRES Ab Initio (from the beginning) and only could be overruled by a competent court of jurisdiction ruling it to be INTRA VIRES, this never eventuated. . .
Hansard 1-3-1898 Constitution Convention Debates QUOTE Sir JOHN DOWNER.p1 6-9-2011 Ted Baillieu Premier Number 1158210495 - etc 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.schorel-hlavka.com

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p2 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 any private person would be. END QUOTE

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. In my view all those involved in what I consider to be a government sponsored terrorism can be held legally accountable where despite this the prosecutors and the courts persist to proceed with charges involving the purported Infringement Act 2006y despite no such act can be deemed legally applicable and/or legally enforceable. . You pursued the 2010 state election upon the concept of Law & Order but time and time again I have questioned tyour conduct as such where to me it appears you do anything but that when it comes to the way the courts are operating regarding the purported Infringement Act 2006. .As for the police officer winning her case, as was alleged in the article, ample of comments exist as to why a police officer can succeed while others have to pay! After all the ruling of the magistrate cast doubt to the validity of the reading as either the reading was correct or not. If the reading is doubt full then it must be applied to all other persons likewise booked and as such all other drivers subjected to the same infringement notice speeding claim should have their notices erased and so any convictions and have all and any cost compensated. . The police are pursuing against me an alleged speeding fine of speeding by 5 kilometres and you better ensure that matters are lawfully conducted and as such all and any Infringement Notice order that was issued by a KANGAROO COURT (this includes any Magistrates Court of Victoria that operated without first invoking jurisdiction). If by 7 September 2011 the time I was notified I have to pay) no proper action has been taken to stop the rot then do understand that any unlawful conduct against my person must be understood can also place yourself in a precarious position because you are bound to ensure that there is a proper compliance to Law & Order and not a pretended one. Obviously if you are not competent to do so, and the same applies to the Chief Magistrate and orders, then get out of the job so a more competent person can perform as to what is constitutionally permissible. .
http://www.heraldsun.com.au/news/more-news/policewoman-wins-fight-against-eastlink-speed-camera/storyfn7x8me2-1226129693812 QUOTE Policewoman wins fight against Eastlink speed camera Paul Tatnell From:Herald Sun September 05, 201112:44PM 145 comments

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A POLICEWOMAN has successfully beaten one of Melbourne's most controversial speed cameras, thanks to the evidence of a work experience student.

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Senior Constable Faye Pitman was fighting allegations she was caught speeding at 106km/h in June 2009 by a speed camera on Eastlink. She claimed she had cruise control set on 98km/h. Have you ever been clocked doing 106km/h on East Link? Mobile pics or video: MMS us on 0404 333 444 6-9-2011 Ted Baillieu Premier Number 1158210495 - etc 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.schorel-hlavka.com p2

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p3 In a surprise twist, her lawyers called on Flinders High School student Erin McKernan who was in the car at the time on work experience. In evidence which proved crucial to he case, Ms McKernan told the court she looked at the cars speedometer shortly before the bridge.

She claimed Ms McKernan was traveling between 95 and 96 km/h. Lawyers for Sen-Constable Pitman also produced collaboration data done on the car that showed the speedometer was .25km/h off. But prosecutor Rob Taylor argued tests done on the camera showed it to be accurate. He also cited an Auditor-General's report which backed the camera.

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Mr Taylor also argued evidence by Ms Pitman and Ms McKernan was 'slight and unconvincing' and differed to an earlier statement given to police. But Magistrate Gerard Bryant said he found the testimonies of Sen-Constable Pitman and Ms McKernan to be accurate and combined with the collaboration data, was enough to create reasonable doubt. In dismissing the charges, he said he did not believe the ruling would open up a flood gate of similar cases.

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An emotional Sen-Constable Pitman did not comment outside court. END QUOTE

MAY JUSTICE ALWAYS PREVAIL

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Our name is our motto!)

G. H. Schorel-Hlavka

Awaiting your response,

6-9-2011 Ted Baillieu Premier Number 1158210495 - etc 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.schorel-hlavka.com

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