Please help make this a reality.
A Solution for Corruption & Injustice - An Upper House to administer the Department of Justice. Justice is the most neglected area of Government.
Our elected Minister for Justice (Queensland - Cameron Dick) has failed all of us. We should never vote for a politician who refuses to give us an upper house that administers justice.
People are having their homes, their savings, their businesses and freedom robbed from them by crooks and corruption and the crooks are getting away with it because of Cameron Dick's failure to provide an honest workable justice system. There are no user manuals for how to present a case to court prepared by either the Court or this Minister and the courts are very ready to strike out.
Magistrates and Judges are not elected nor are they accountable to anyone. The appointment of the Chief Justice, Judges and Magistrates is by Government and those who are compliant will get those jobs ahead of the honest ones. Corruption in our courts have flourished with the lack of accountability by Magistrates and Judges to a furore in our courts today. Magistrates and Judges cannot be sacked or investigated for taking bribes in our current system of Government. Magistrates and Judges may take bribes for desired outcomes simply because there is no one with the authority to police Magistrates and Judges. There are a few Magistrates and Judges who are honourable but how can they administer justice when they can be subjected to bullying by their corrupt peers and the corrupt administration? Judge Daubney (Queensland Supreme Court) calls bribes "presents".
As predicted by the Stanford Prison Experiment a small group given significant powers without supervision will go rogue. Judges and Magistrates must be made accountable.
What is needed is a zero tolerance to injustice. The costs of going to court are prohibitive for almost everyone. Most of us who suffer injustice go without our remedies which we believed can be sought in our legal system. People who suffered an injustice have already lost and can very often be without the resources to litigate their claim in Courts. Victims rarely win in our courts. Legal fees swallow up what has been won. The victims after winning may still be indebted to their lawyers. It is common for the cost to win to be higher than what the win was worth. The loss of an eye due to a deliberate unprovoked assault was worth $60,000 and the medical and lawyers costs of getting that compensation over $100,000. The victim after 5 years of suffering owed his lawyers $40,000.
Our free enterprise principles. People must have the opportunity, freedom and capacity (education) to provide goods and services to receive money in exchange in a free, open, fair and competitive market place. A business will fail from too much overheads and from thefts by staff and customers. Everyone suffers when civil crimes are allowed to go without their remedies. Criminals MUST BE PUNISHED. Police seldom investigate frauds and thefts. The most corrupt countries have the poorest standards of living - the third world countries. Australia is heading in that direction. The rich get richer from corruption and the poor get poorer. The price of corruption is very high and we are all paying for it.
The Attorney General and Minister for Justice cannot control judges because of the Separation of Powers Principle. The Judiciary must be seen as independent of the Government of the day. In reality this statement is a NONSENSE. Judges have a duty to ensure the Administration (Government) does not come into disrepute and make decisions that uphold the wrongs of the Government of the day. Examples include:
Justice is the most neglected area of Government.
This justice system is open to abuse and corruption. To most people justice means getting back what was wrongly taken from them. To Magistrates and Judges, justice means being heard which does not happen often, as judges strikes out cases. To place a claim before a court the Plaintiff (person making the claim against someone, the Defendant) must prepare a claim and statement of claim to identify their causes of action and plead their case. A cause of action is the name of a particular type of loss or suffering such as defamation, nuisance, negligence, breach of fiduciary duty, misfeasance in public office (abuse of power). How these causes of action are pleaded and whether they are pleaded correctly are not defined in any legislation or by the courts themselves, so, at the whim of a judge (who may have been given a present) a claim and statement of claim can be struck out as not properly pleaded. One person can be successful and another can be struck out on similar pleadings at the whim of a judge.
An upper house elected by the people and made responsible for the administration of Justice will make our justice system accountable.
The Powers of an Upper House. The Upper House should :
Duties of the Upper House
In Queensland about 1994 our then Attorney General Darryl Williams in Canberra had a problem with Judges in the Queensland Family Court ordering children back to guardians who were sexually abusing them. In the Family Court Appeals process the registry was refusing to put the medical evidence of scarring etc from that abuse into the Appeal Record Books. The Judges were supporting the registry on appeal. Darryl Williams in his wisdom could only side line those judges (on full pay with nothing to do) by creating the Federal Magistrates Court and having them do the work of the Family Court. Darryl Williams then sacked 13 registry staff who then took up positions in other parts of government. If the Upper House had the power to sack the corrupt Family Court Judges this problem could have been much more easily solved.
In Queensland RSPCA, with the media, seized all Geraldine Robertson's world famous poodles and then made a good story for the media even putting maggots onto a dog and saying her dogs had maggots on them. were neglected, malnourished, diseased etc to make a good story. RSPCA contacted her witnesses and vilified her to them. RSPCA came again and seized all her evidence, witness contact details, personal property and valuables and went into Court with provable lies. Because this matter had become public, RSPCA, in administering an act of parliament, could not be exposed for their wrongs as this would have caused the Public to lose confidence in the Administration of the Animal Care and Protection Act. All the evidence of RSPCA conduct was removed from consideration, the provable lies of RSPCA witnesses was accepted as evidence and Geraldine Robertson who had to lose, lost. Her Appeal to the District Court was never heard, struck out, her appeal to the Court of Appeal was never heard, struck out. This matter is now in the High Court where the probability that this Court will even look at it is 10%. See www.petmafia.com.au
Russell Mathews had his home stolen from him and was made a vexatious litigant for trying to use the Courts to get it back. He has protested this corruption on his web sites www.haigreport.com and is now facing charges for offending those who stole from him.
This is such an important issue please distribute to as many people as possible. At the next Queensland State election I will be an independent candidate seeking endorsement for the above.
Written and authorised by Trevor Croll Phone 0422 532 795. see also how to deal with our corrupt courts. A fully fledged proposal is required and your feedback is sought. Please send your comments back to me.
Any party or politician who refuses to give the people of Queensland an upper house for the above purpose does not deserve your vote.