The President of the Senate, Liberal Scott Ryan has been summonsed to appear in the Court of Disputed Returns to defend the unconstitutional referral of Senator Rodney Culleton to the court which saw him dismissed from the senate.
Two weeks ago ‘exiled’ Senator Rodney Culleton filed an action in the High Court of Australia sitting as the Court of Disputed Returns.
Mr Culleton said his dismissal and that of Senator Bob Day were unconstitutional and that all hostile referrals by the senate of other senators since dismissed were unlawful.
“It is clear that at all material times, the Government did not follow proper due process as required under the Constitution. All referrals from the House post 7th November 2016 appear to be invalid,” Mr Culleton told Cairns News.
He said under section 47 of the Commonwealth Constitution of Australia only the senate can decide on the qualifications of a senator.
“On the 4th July 2018, a summons was successfully filed back into the Court of Disputed Returns, Matter No C15/2016 Culleton v Commonwealth.
“This unconcluded case is now unprecedented and has in effect re-opened all invalid hostile referrals that have been invoked by the House under s 376 Commonwealth Electoral Act 1918, post 7th November 2016 which did not comply with the Constitution.
“Section 368 Commonwealth Electoral Act 1918, states Decisions to be final: All decisions of the Court shall be final and conclusive and without appeal, and shall not be questioned in any way.
“Notwithstanding the prohibition as defined in ss 368 and 364 CEA ,Section 47 of the Constitution, in contrast, is squarely addressed to authority to decide and to nothing other than authority to decide. Each House shall be the Judge of the … Qualifications of its own Members”, there is in s 47 a textually and Sections 22, 23 and 49 Constitution.”
Acting for Mr Culleton is the former Solicitor General of Australia, David Bennett AC, QC who has been following the saga with interest.
Culleton said Mr Bennet believed he had a strong case which was straightforward Constitutional law.
“The relevant effect of the section 47 Constitution is that, unless the Parliament otherwise provides and to the extent that the Parliament does not otherwise provide, ‘any question’ which answers the description of a ‘question respecting the qualification of a senator’ in our matters, must be determined by the Senate and not otherwise,” stressed Mr Culleton.
“The House must hear the disallowance motion 163 of 2016 and allow all constitutionally elected Senators to appear at the bar in order to have the Senate demonstrate its constitutional commitment of the determination of the identified questions to a coordinated political department as a privy council in order to judge the qualification of its own members.
“This must be remedied to restore honesty and integrity back into Parliament.
“The House is not only sitting unconstitutionally but these breaches have set a bad case precedent in allowing the major parties to re-shuffle the deck of cards and regain power by removing Independents and defanging the minor parties.”
Letter to the editor
If you would like the details (includes references) of Stephen Parry’s inside knowledge of the official massacre at Port Arthur in April 1996, please email me for the 50-page summary document: “20 YEARS, CORRUPTION, DECEPTION, LIES” (no copyright, distribute freely) – email@example.com
This evasive embalmer from Tasmania has refused to explain his incriminating words which he presented at a government seminar in 1997. (see details in above-mentioned summary)
What does it say about the affairs of State in Australia when Stephen Parry – a person who knew preparations for the massacre (allegedly 35 killed; 23 wounded) were made in Victoria “ready for the incident” – becomes President of the Senate? But don’t just condemn the Liberal Party. A copy of the Show Cause Notice which was directed to Parry was also sent to every senator at the time. None have replied or reacted.
It seems every senator in Australia is quite content to see the torture of the poor patsy Martin Bryant continue. He has been wrongly condemned and imprisoned since 1996. Over 20 YEARS!!!!!!!!!
There was NO hard evidence proving guilt, NO motive, NO fingerprints, NO credible identification, NO public inquiry, NO legal integrity, NO proper firearm ownership, NO DNA evidence, NO coronial inquest (with 35 killed!), NO free admission of guilt , NO witness ever testified in a court, NO forensic results, NO crime re-enactment, NO jury, NO complete list of evidence, NO explanation for the naked black-haired woman police wrote they saw at Seascape (it was not the owner who officials said was already dead), NO proper legal representation, and Martin had NO trial (hearings in courtrooms are NOT trials).
All there was were official allegations all unproved and blown up to psycho-shock and unsettle the very gullible public. Just right as a prelude to the gun-control legislation which quickly followed.
Of course officials could not have had a trial. The only witness who knew Martin Bryant and who was at Port Arthur said the gunman was not Martin Bryant. Terry Hill a gunsmith was pressured to say he sold a weapon to Martin, but Mr. Hill refused to lie. (All documented in the book MASS MURDER.) And the marksmanship and coolness of the gunman was way beyond mentally handicapped Martin. (And did you know two people – ASIO or MOSSAD? – voluntarily went and sat inside the vehicle WITH the gunman at the PAHS toll booth, and there had a discussion with him. It seems those two people knew the gunman and/or why he was there. They knew the gunman had already killed people, but they just went and had a chat with him. This is documented in the statements of witnesses who were at that tollbooth. You’re not supposed to know this. It’s all in the book MASS MURDER.)
Do not believe for one minute the bullshit about him making a confession. For six months Martin Bryant clearly stated he was innocent. But to circumvent proper legal and trial procedures, that criminal lawyer Johne Avery worked Martin over and got him to accept Avery’s plea. (Even Martin’s bewildered mother was herself pressured to put pressure on Martin to get him to say he did it. And she did.) Given his mental handicap (IQ of 66; retarded), Martin should have had a protecting guardian with him at all times. But that did not happen. Three official mongrels John Avery (corrupt lawyer), Damian Bugg (corrupt prosecutor), and William Cox (corrupt judge) worked on poor Martin then locked him away forever.
Martin Bryant is INNOCENT! It is Stephen Parry who is GUILTY!
Dr. Keith Allan Noble; author
free pdf of the book:
MASS MURDER: Official Kiling in Tasmania, Australia
(2nd edition; 2014)
Senate could investigate Attorney General George Brandis
West Australian ‘Senator in exile’, Rod Culleton, has today sent a letter to all Senators, informing them that his extension request for the purported Commonwealth debt of $700,000, is due to expire today. He has requested that the matters surrounding his removal from the Senate earlier this year be urgently addressed.
Mr Culleton has accused the Attorney-General of being in contempt of Parliament and claims that the High Court did not have the jurisdiction under section 376 of the Commonwealth Electoral Act 1918, to remove him from the Senate based on the Senate’s referral on 7th November 2016.
“Section 353 of the Electoral Act clearly states that only a petition can be used by the High Court, sitting as the Court of Disputed Returns, to invalidate a member and remove them from Parliament. There has been no petition by the Senate in my matter and laws have appeared to been broken by the Attorney-General. Furthermore, his cavalier actions may have even brought the High Court into disrepute and that is unacceptable by the highest legal figure in our country.”
“I believe that Senator Brandis has misled the Parliament by hot-wiring the Court of Disputed Returns without a key, which was not activated correctly under the Electoral Act to remove me. His actions have not gone unnoticed by the people of Western Australia and also members within the legal profession.”
“As the highest court in the land, and under the Constitution, I have put the Senate on further notice and asked them to deal with the matter expediently. I believe that there have been serious constitutional breaches surrounding the passage of the motion that was granted leave, by the Senate.”
“I am standing up not only for the rights of my Western Australian constituents but also for my staff who were left jobless and financially disadvantaged due to this judicial abuse by Senator Brandis.”
Mr Culleton has said that he is currently in talks with Senators who have realised that there are serious questions that the Attorney-General must answer to before the Parliament and that Brandis now could find himself in breach of being disqualified from Parliament under section 44 of the Australian Constitution.
Former Western Australian senator Rod Culleton would have scuttled the criminal activities of the banks had he continued in the senate but Liberal Senators Stephen Parry and George Brandis, and their subservient courts acting under instruction from the ‘banks collective’ acted unlawfully by removing Culleton from the senate.
Parry has been compromised by his part in the Port Arthur massacre and will do everything he is told. Parry’s involvement in the Port Arthur scam has previously been revealed in Cairns News.
Cairns News has no misgivings that the phantom government is making the Liberal Party lean very hard on Parry and Brandis to keep Culleton out.
In reality the WA businessman and Liberal sycophant Dick Lester spent $1.6 million in legal fees, pursuing Culleton for an alleged $205,536.50 debt that resulted in his unlawful bankruptcy.
Culleton’s affidavits showed that Lester was not interested in any financial payout but instead wanted Culleton to give him the patent to his invention and the shares to his company.
Culleton believes that Lester used the courts to try to gain control of Culleton’s company and colluded to ensure his removal from the Senate.
Read this explosive story below and weep at the corruption in our parliaments and courts.
CULLETON SIGNALS “MAY-DAY” FOR WA
by Saraya Beric
West Australian ‘Senator in exile’, Rod Culleton is firing shots from all angles to reveal the truth in relation to his unconstitutional removal from the Senate earlier this year.
The resilient farmer was disqualified from the Senate on 23rd December 2016 over a purported bankruptcy. He and others have now filed petitions into the Senate under Standing Order 207, which allows people to dispute the election of his replacement. Mr Culleton says that he has filed a 231-paged affidavit into the High Court yesterday making this move, after learning from a ‘leaked source’ that the Government is moving to sue him for the salary he collected as a duly elected Senator for West Australia.
“In January, Senator Parry declared that I had been disqualified, yet the bankruptcy matter was still before the court at the time. He ignored the court stay on all proceedings and the notices from my legal team; he interfered with the process and I believe he breached both the Bankruptcy Act and Commonwealth Constitution,” Culleton argued.
“Senator Brandis, as Attorney General, was also asked to intervene to ensure a lawful and transparent process but was found derelict in his duty in refusing to act to rectify the anomalies. This matter is very serious, as it constitutes a breach of the Senate Standing Orders and both Brandis and Parry, I believe, are in contempt of the Senate standing orders.”
“Furthermore, the Governor of West Australia, who had the jurisdiction to appoint a replacement Senator because the WA State Parliament was not sitting, had not ratified the appointment. The procedure under Section 15 of the Commonwealth Constitution clearly demands these procedures are followed, however there is no evidence to suggest this has happened. Documents tabled in the Senate show that Senator Parry used the 10th March, 2017, Court of Disputed Returns Order over a matter which had been annulled, to fill the ‘vacant position’ instead, clearly showing that correct procedure was not adhered to.”
“Senator Parry has crossed the legal boundaries, breaching his responsibilities as Senate President and must review the Senate rules on this matter. He is not above the law and has clearly usurped the powers of the Senate and the West Australian Parliament. This has become an embarrassment for the government and the evidence points to Senator Parry and Senator Brandis having mislead the Senate.”
“My submissions state that the Supreme, Federal and High Courts breached Constitutional clauses, the Parliamentary Privileges Act and the Senate’s manual on its powers, procedures and practices, ‘Odgers’ Senate Practice’, which instructs that ‘no vacancy is to be filled until an outcome is final, or that placement will be void’” .
December 22, 2016
Western Australian Independent Senator Rodney Culleton has written to Governor-General Peter Cosgrove over concerns on recent High Court amendments.
On September 12, in his First Question to the Senate, Senator Culleton quizzed Attorney-General George Brandis on the validity of High Court when documents had not been written in the name of the Queen for the past 12 years.
The High Court was forced to make the amendments and for the first time since 2004 all writs must now include the following words:
ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth.
But Senator Culleton believes further amendments need to be made as the High Court rules are still non-conforming with the provisions in the Judiciary Act 1903 (Cth) and Crimes Act (Cth).
“The Constitution is the people’s document and does not deserve to be made inoperative by insubordination of the highest order,” Senator Culleton said.
“While the Queen’s name is now on process, our country’s revenue is still being denied to the full benefit of the work of the Parliament.”
Senator Culleton believes if further change is made, it will have all profits remain in Australia which will boost this county’s standard of living, fund infrastructure like schools and hospitals and also financially hydrate the budget.
“People should be getting what belongs to them, every dollar that goes overseas should really be going into revenue for the Australian people,” he said.
“The Government is the custodian and is clearly not looking after the Australian people’s profits that are driven from the Australian’s peoples assets (our country) as it continues to defy the Constitution.
“Australia must not become a republic and the major reasons why I believe the two major parties want to throw us into a republic is I believe so the Australian people don’t have a counter claim for the Government’s errors and misconduct.”
“Australians need to ask our two major parties to stand aside”
Major parties panic, change voting rules as intelligent electors join forces with disenchanted voters
People and the party faithful now are awakening they are being controlled by the major parties who are feeling this serious trend.
With battle lines being drawn in the Senate the major parties are experiencing their power base being dismantled by independent senators out of their control that has forced desperate action for survival at the coming election. Again they shift the goal posts by changing the rules to allow themselves preferential treatment on the senate ballot paper.
Liberal and Labor become allies when their decades of government dictatorship become threatened by the people.
The cross benchers represent people in parliament not party rooms engaging the agendas of big business.
Attracting detrimental comments from the threatened party room machines who control the stream of intimidating press releases from their spin doctors and fiction story tellers, the cross bench threat to the parties needs to be removed.
“If you play by their rules, you lose”
“Your rules apply on polling day, and they lose”
Make the most of it.
Will you vote with the SHEEPLE or the PEOPLE ?
23 September 2015: Federal Member for Kennedy Bob Katter today joined Federal crossbenchers in slamming the Government’s reported proposal to change the voting system in the Senate, which he said is a move designed to advantage the major parties and wipe out small parties.
“Clive Palmer’s dead right on this occasion when he says this is an attempt by the major parties to rig the system and emasculate the ‘other’ point of view,” Mr Katter said.
“I think people like Dio Wang, John Madigan, Nick Xenophon, Ricky Muir, Bob Day and even the Jacqui Lambies are outstanding examples of independents and small parties who make a very valuable contribution.
“They vote, in my opinion, infinitely more intelligently than those in the mainstream major parties who have destroyed our economy with their fanatical free-marketism.
“They represent the people, the rest represent the ALP and LNP corporations,” Mr Katter said.
Mr Katter attacked the two-party system which he said was not appealing to the majority of voters.
“We are the only country on earth that has the two-party system, except America which has constituency voting, but which makes them much more sensitive to their electorates than even a multi-party system,” Mr Katter said.
“So maybe the rest of the world’s wrong and we’re the only country on Earth that’s right.
“But that’s clearly not what the people think when they vote now, as over 20% of them will not vote for the mainstream parties.”
Mr Katter added that even without the balance of power, independents and small parties could achieve extraordinary results.
“The re-opening of the live cattle trade to Indonesia is one example,” Mr Katter said.
“The reversal of the decision to sell the Snowy Mountains is another. The Snowy arguably facilitates through irrigation half of Australia’s agricultural production and nearly a tenth of the nation’s vital peak load power.
“Without independents in the Parliament that decision would not have been reversed. The Australian people were responsible for the decision, but it could not have been achieved without the cross-benches.”
Dick Smith is considering leading an informal alliance of the Federal Cross-Benchers consisting of independent members of the House of Representatives and Senate after being approach by Federal Member for Kennedy and KAP Leader Bob Katter this week.
Great sighs of relief were heard in rural Queensland when Senator Ron Boswell, the National Party’s hefty thug and head kicker since 1984 (who made so few speeches, the Clerk of the Senate forgot he existed) announced his departure from the Senate.
Boswell the deal maker, under or over the table, will retire at the next election, reportedly before he is shoved by the Brisbane Liberal Party hierarchy.
This professional bludger’s 20-year pre-occupation with nobbling any opposing political candidate who is not a billy goat gripper and poses a threat to the established order of nepotism, thuggery and deals for his mates at the big end of town, is legion throughout Queensland.
Cairns News has been told of Boswell’s intimidation whenever he has been caught out misrepresenting the truth, by making late night, threatening calls to political opponents or businessmen, one nasty incident occurring only six months ago.
When One Nation got off the ground, gaining much traction in ‘traditional’ National Party heartland, Boswell was let off the chain to attack Pauline Hanson and her supporters.
He and his ilk, namely Warren Truss, ruined the dairy industry causing dozens of suicides in the sector. He has many questions to answer after deregulating industries and privatising public utilities then overseeing the decimation of primary producers and small business throughout the nation.
It was Boswell as leader of the Nationals in the Senate who backed the Liberals introduction of Agenda 21, the UNs sustainable environment policy and the forerunner of Queenslands Vegetation Management Act and other nasty environmental laws which were the final nail in the coffin for graziers and farmers.
It is Boswell who supports the devastating coal seam gas industry, lock, stock and barrel, against the wishes of his traditional farm constituents.
It was Boswell who, in the 90’s, inveigled himself into the Mt Gravatt headquarters of the Assembly of God church, which had shown some endearment towards Pauline Hansons policies.
Boswell eventually managed to turn the church and its many thousands of members against Hanson.
In 2004, senior members of the National Party from western Queensland contacted One Nation Senator Len Harris’ office asking for help to get rid of Boswell, according to former staff.
“The electoral council members said they did not want him pre-selected for the Senate because he was ‘worse than useless’, and that they ‘did not trust him’ “, a staffer told Cairns News.
“There was little we could do to help them”, the staffer said.
Boswell is no stranger to dodgy political peccadillos. In 1987 he arranged a meeting with a former NP member, a farmer, who had jumped ship to the newly formed Citizens Electoral Council, according to a former CEC spokesman.
“Boswell arrived in Goondiwindi the day before we were to meet him and next day he met us offering a new fax machine asking if we would spy on the CEC”, the source said.
“He told us to fax him with any important information about CEC activities, but we told him we are honourable members and we are not interested, and would not accept the fax”.
When it comes to integrity as a politician Boswell has not got a feather to fly with.
from Robert J Lee in Goondiwindi