Page 1

Banyule City Council 5-5-2011

C/o Kellie Boyle <[email protected]> AD TO WHOM IT MAY COCER
Re: election funding, etc.
Kellie,
do understand that I was involved in three elections being Ivanhoe 27 November 2010 state election,
19 February 2011 Broadmeadows district by election and 5 March 2011 Olympia Ward election and
in regard of them I filed a submission to the Parliament including that both Banyule City Council
and/or Hume City Council unconstitutionally/unlawfully interfered with my “POLITICAL
LIBERTY” in each election and that involving both councils police reports were made regarding
what I consider the theft of election material involving council officers. In regard of both I requested
each council to investigate matters and to provide me with a copy of any subsequent
conclusion./report to which I have so far not received from either council any response.
Where I am to make any declarations then obviously the issue is that it must be done to the facts and
not simply is concocted or just made up and hence I will await from each council their reports to me
as to the result of investigations and also any conclusions/report the Victorian Police may provide so
that finally one day I can in all honesty provide any declarations that ordinary are or may be required
within a specific time period.
It is obviously clear that both councils so far having failed to cooperate even so both councils being
well aware of the importance for me to provide declaration then each council by its conduct has
obstructed me to comply with any possible legal requirements, for so far there are any, and hence it
would therefore be better is you chase up the CEA of Banyule City Council and get him so to say of
his backside to get me the conclusion/reports of any investigation that may have been conducted.
In my view where the conduct involved serious crimes, including the slashing of election material
that were dumped in my drive way, then being of a criminal nature they are more important then the
filing of any statement as it could otherwise interfere/jeopardize the criminal investigation and surely
we all as law abiding citizens, that is apart of the morions who interfered unconstitutionally and
unlawfully with my “POLITICAL LIBERTIES” and for the record it is also a criminal offence
within the Electoral provisions to interfere with election material with a publishment for up to 2
years and likewise also with interfering with a persons “POLITICAL LIBERTY”. As a
COSTITUTIOALIST I pursue to abide by the RULE OF LAW and no doubt you too would
seek to ensure you support me in this and not interfere with the legal processes to hold those who
acted unlawfully to account. As such, I be glad to count on your support so we can deal with the
lowlifes who by it all interfered with our democratic rights as after all that is what elections are all
about, isn’t it? So, you be a very nice person who pursues to uphold the law and you make clear to
the CEO and others they better get of their backsides and provide the report to me.
After all pending also the report and so its content I may require to obtain compensation in regard of
the loss of election material, etc, and if this were to eventuate then obviously it would also have to be
declared as we wouldn’t want to conceal this as to pretend that I had a certain expenditure which
after wards needs to be adjusted as result of all and any compensation provided perhaps such as the
Banyule City Council (so any employee) unconstitutional/unlawful interference/damaging my
election material, etc. I am well aware that there may be people within Banyule City Council and/or
Hume city council who may just have thought to have the better of me to hide behind the councils
standing but then again I was all along expecting this kind of cowardly conduct and knew that in the
Page 1 ISPECTOR-RIKATI® & How to lawfully avoid voting 5-5-2011
A book about Australia’s federal election issues & rights
ISBN 978-0-9751760-3-0 was ISBN 0-9751760-3-X (Book), ISBN 978-0-9751760-4-7 was ISBN 0-9751760-4-8 (CD)
PLEASE OTE: You may order any book issue, such as ISPECTOR-RIKATI® & What is the -Australian way of
life- really? by facsimile 0011-61-3-94577209 E-mail [email protected]
 Page 2
end each council will have to concede that for me to file any declarations it must provide me with
reports that deals with matters and including any compensation that may be provided as after all
thousands upon thousands of dollars worth of replacement election material was destroyed/stolen and
in regard of both councils (again) the Victorian Police became involved. And the Victorian Electoral
Commission were also notified by me at the times. Because it also are police ongoing police
investigations and it is for me to provide further details then each council is actually obstructing the
course of JUSTICE by having so far failed to provide me with the required reports of their
investigations and finding and also what, if any, compensation is being provided.
.
It obviously would not make any sense if Banyule City Council wand/or Hume City Council were to
claim that the elections are to ensure a democratic process to elect councillors and/or members of
parliament while then they themselves are involved in unconstitutionally/unlawfully interfering with
election material and/or my “POLITICAL LIBERTIES”. In view that my opponent at the time
ALP candidate Anthony Carbines was a councillor and used Banyule City Council to seek to act
against me and subsequently it did so then Banyule City Council can’t claim it had no involvement.
Actually Hume City Council even sought to demand a payment of $50.00 for each election material
item it removed and as such by this clearly admitted it had removed my election material albeit I
understand it did not such thing with any other candidate and neither so I understand did Banyule
City Council even so in regard of both councils I have photo graphic evidence as to some of the
election material used by other candidates being well in abundance compared to what I was using at
certain locations and as such it appears to me that my political campaign directed against
municipal/shire councils to not increase council rates above CPI (Consumer Price Index) for
pensioners and/or other welfare recipients in view that this would be unconstitutional/unlawful since
the Commonwealth provided for the legal principles that pensions and other welfare recipients have
their payments adjusted with the CPI. As such, State governments are bound by this and so also any
entities within the State government and or those acting for the State Government. Therefore all
increases since 2009, such as rates, public housing rent, driver licences, etc, all needs to be
recalculated and readjusted since the Federal government applied the CPI in 2009.
.
It should be understood that when councils send out their rate notices with stating interest and legal
action if rates are not paid within a certain format to me this is nothing less then extortion and
terrorism where such rate notices for pensioners and other welfare recipients are including more then
CPI increases and any other charges not directly associated with essential services. This as councils
are not and never were constitutionally recognised as a level of government but are to be nothing
more but entities representing ratepayers interest and hence there would be a conflict of interest if
any council let alone all of them are acting on behalf of the State government in direct conflict with
their duties and obligations towards ratepayers, even if it was just causing an increase of charges to
ratepayers. Therefore, Banyule City Council may do wise not to try to take me on in a legal battle
because I can assure you that the issue of my political campaign and the conduct of Banyule City
Council to undermine/interfere with this would be one of the central issues to be litigated. No doubt
the wider community may with interest watch the unfolding of such a legal battle. I am well aware
that since federation State Government themselves have sought to turn councils into some level of
government and many councillors have this idiotic perception that somehow they can build Taj
Majhal’s from ratepayers monies as they like but reality is that the COSTITUTIO and nothing
else determines the position of councils and for so far I am aware of they are not a constitutionally
recognised level of government.
To give an example how this is also relevant can be shown with the so called climate change issues
that councils are wasting huge amounts of ratepayers monies on nonsense that is well beyond their
powers because constitutionally either the Commonwealth parliament or the State parliament but not
both can exercise legislative powers and nothing like a council doing so. Meaning that if it was
claimed councils do so on behalf of the State then the ratepayers are slugged twice by he State
Page 2 ISPECTOR-RIKATI® & How to lawfully avoid voting 5-5-2011
A book about Australia’s federal election issues & rights
ISBN 978-0-9751760-3-0 was ISBN 0-9751760-3-X (Book), ISBN 978-0-9751760-4-7 was ISBN 0-9751760-4-8 (CD)
PLEASE OTE: You may order any book issue, such as ISPECTOR-RIKATI® & What is the -Australian way of
life- really? by facsimile 0011-61-3-94577209 E-mail [email protected]
 Page 3
through their taxes and by the council through rates a sheer and utter nonsense as is the same with
any proposed Carbon Tax as the Commonwealth has no such legislative powers. Sure, it can legislate
as to taxation but not as to Carbon issues because it is not a legislative power listed within s.51 of the
constitution. Fancy the nonsense of government sponsored terrorism and extortion to having to pay
to the Federal Government, the states and then councils for the same that constitutionally only can be
done through wether but not both the State or the Commonwealth pending where the legislative
powers lies (To me currently with the States).
More over, my political campaign was also that compulsory registration/voting was unconstitutional
and I successfully comprehensively defeated the Crown on this on 19 July 2006 in the County Court
of Victoria. See also my book for details published 6-7-2007
ISPECTOR-RIKATI® & What is the -Australian way of life- really?
A book on CD on Australians political, religious & other rights
ISBN 0-9751760-2-1 (prior to 1-1-2007) ISBN 978-0-9751760-2-3
.
Further my political campaign also involved the issue that the States could no longer since 11
November 1910 when the Federal land tax office was created charge State land taxes. In recent
correspondence from the NSW government it was claimed that these legislative powers were
"returned" to the States. To have something returned it implies clearly it didn’t exist for some time
and as a COSTITUTIOALIST I do not know of any constitutional provision that provides for
legislative powers once it became federal to be returned to the States, as such the States have the
onus to prove how they somehow could have had returned the legislative powers, which I maintain is
not possible. It is therefore clear to me that the political interference by each or other council was not
just only to interfere with my political campaigns but worse to prevent the electors to choose the best
candidate to represent their interest and more over to seek to inflict further harm upon the millions of
electors now terrorised by councils and state governments regarding payments they are not entitled
upon as such and as such this appears to me to be government sponsored TERRORISM. And this
then may in fact involve also a COSPIRACY TO PERVERT THE COURSE OF JUSTICE
and/or a COSPIRACY to undermine my “POLITICAL LIBERTIES”.
.
QUOTE Sorell v Smith (1925) Lord Dunedin in the House of Lords
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.
ED QUOTE
.
As such, even if it was deemed that council could undertake ordinary some action if however it was
done to cause injury and it obviously involved more then one person then it can be deemed to be a
conspiracy, even if another person may say nothing but act or fail to act where the person reasonably
could have been expected to act or merely silently stood by.
To give an example of failing to act. If a person witness another person to say throw a rock through a
window of as store and then see that other person robbing the store and does nothing then the person
can be deemed to be part of a conspiracy because it can be expected of a citizen to art the very least
raise the alarm of what reasonably may appear to be a crime in progress.
Another example is where for example a police officer sees a motorist unlawfully parked in a no
standing zone and comment to a another person: “You see that car there, this driver did beat me in
court about a speeding fine and now I am going to get him back for it as I am going to issue him with
a infringement notice.”
The mere fact the police officer makes know this is to retaliate against the motorist and stated so to
another person then this is a conspiracy even so ordinary the police officer may have been entitled to
issue an infringement notice. The issue also being that albeit the other person may have done nothing
but stand there his obligation was to report this police officer for what he stated and by failing to act
he by this by his silence conspired with the police officer. The issue is not the issue of the
infringement notice but the purpose for which it was issues “and now I am going to get him back”!
Page 3 ISPECTOR-RIKATI® & How to lawfully avoid voting 5-5-2011
A book about Australia’s federal election issues & rights
ISBN 978-0-9751760-3-0 was ISBN 0-9751760-3-X (Book), ISBN 978-0-9751760-4-7 was ISBN 0-9751760-4-8 (CD)
PLEASE OTE: You may order any book issue, such as ISPECTOR-RIKATI® & What is the -Australian way of
life- really? by facsimile 0011-61-3-94577209 E-mail [email protected]
 Page 4
In this case the then councillor for Banyule City Council and ALP candidate Anthony Carbines
reportedly had made a complaint against me for littering where I had been standing outside
Heidelberg North Post Office (where he had next door his campaign office) by handing out (3) How-
to-vote Card. Obviously any council worker should have been aware that a How-to-vote Card is not
and cannot constitute littering, and certainly merely relating to 3 How-to-vote Cards where at the
same time the supporters of ALP candidate and councillor Anthony Carbines were handing them out
on the street and so also other candidates and their supporters. Indeed I have retained photographic
evidence of this and also forwarded this as part of my submission to the Parliament showing that
councillor Anthony Carbines electoral signs were blocking the footpath, etc, in conflict of Banyule
City Council provisions, and so also the election material of other candidates, etc.
As such, the conduct of Banyule City Council was not just directed against so called “littering” of
what might have been perceived ordinary to be enforcement of by-laws because again ALP candidate
and councillor Anthony Carbines was offending himself and I am not aware that Banyule City
Council undertook any action against any other candidate then myself.
It therefore was a targeted conduct deliberately singling out my person, my election campaign and
also to interfere with my constitutional and other legal rights and for no other purposes as I view it to
undermine my election and the political messages I was giving to electors.
The ALP dominated Hume City Council as I understand it likewise targeted me but no other
candidate. Both were involved in political interferences and both were referred to in my complaints
to the Victorian Police. Both councils have so far failed to provide an (to me) appropriate response or
to provide any details/information in regard of the police investigations regard employees of each
council involvement. The extend of the involvement obviously is also relevant to the issue of how
much of the compensation, if any, for damaged/stolen electoral material will be provided to me and
so again I will have to await each council final reports and conclusions and what, if any,
compensation it seeks to offer. How does one compensate the electors for so to say having been
robbed by each council of a fair and proper election one may well ask also.
Then, had the interference not eventuated then the entire election may have turned out differently and
instead of a low voting percentage the outcome could have seen that for example Anthony Carbines
may never have been purportedly elected, and so neither ALP Frank McGuire. In my view no court
could disregard the potential different outcomes that could have eventuated nor that if such kind of
conduct were to be condoned then any IDEPEDET candidate (as I was) could be fair game for
those who are willing to terrorise the community and opponent candidates.
.
Democracy must always be regarded to be more important then the political ambitions of some
candidates and/or their supporters even if those supporters may be council workers. Council
therefore has not only a moral but also a legal obligation to ensure it provides me with a full report
and its conclusions as to my complaints regarding the unauthorised removal/destruction of election
material, the interference in my POLITICAL LIBERTIES and also the further associated harm it
contributed to.
.
It must be obvious that I am not willing and neither can be legally obligated to release details which
may undermine, obstruct or otherwise interfere with a criminal investigation and therefore the sooner
councils do provide me with the relevant details then possibly the sooner I may be able to provide a
statement, albeit obviously the police may desire that I keep confidential certain details while their
criminal investigations are going on and then I would be obligated to respect their request. The only
reason we do have courts of law is because we have a democratic society and as such I for one could
not envisaged any court to order me to release details that may in any way undermine police
investigations, as it would be tantamount to the demise of democracy and so the courts themselves as
it would provide for future interferences of elections to undermine the democratic election processes
and by this manipulate the election outcomes.
.
Page 4 ISPECTOR-RIKATI® & How to lawfully avoid voting 5-5-2011
A book about Australia’s federal election issues & rights
ISBN 978-0-9751760-3-0 was ISBN 0-9751760-3-X (Book), ISBN 978-0-9751760-4-7 was ISBN 0-9751760-4-8 (CD)
PLEASE OTE: You may order any book issue, such as ISPECTOR-RIKATI® & What is the -Australian way of
life- really? by facsimile 0011-61-3-94577209 E-mail [email protected]
 Page 5
It also should be understood that as a Author and Publisher of books in the ISPECTOR-
RIKATI® series on certain constitutional and other legal issues then posters/banners and/or any
other election material that was retrieved or recovered after an election material could have been sold
and/or otherwise re-use in subsequent elections (I was in 3 of them in a very short period) and/or
with my books about elections, etc, and hence the value of the election material would have to be
adjusted for the value of any sales that could have eventuated had the election material not been
destroyed/stolen by council workers.
There other issues but for the moment I think I have given you a reasonable response to encourage
you to ensure that council itself observe the RULE OF LAW and besides the report and any
compensation offer it may provide also return any election material it may hold and also put in place
a system that never again council workers will act in disregard of the constitutional and legal
provisions otherwise enacted by the state of a person’s “POLITICAL LIBERTIES”.

I RE WOOD (1988) 167 CLR 145 F.C. 88/018

"The election is either valid or invalid. If invalid, the reason of the invalidity is not material so far as regards
its consequences. We think it follows that, upon the avoidance of the election itself by the Court of Disputed
Returns, the case is to be treated for all purposes, so far as regards the mode of filling the vacancy, as if the
first election had never been completed, unless there is something in the Constitution to lead to a contrary
conclusion."
.
I for one hold that the elections held in 2010 & 2011 were not on a constitutional valid basis, hence
the positions were never filled, also and so that is another issue but considering the length of this
letter it can be further explored if not in writing in any litigation if that was to eventuate.

It is for the above also that we need an OFFICE OF THE GUARDIA, a constitutional council
that advises the Government, the People, the Parliament and the Courts as to constitutional powers
and limitations.

Awaiting your response Mr G. H. Schorel-Hlavka

Page 5 ISPECTOR-RIKATI® & How to lawfully avoid voting 5-5-2011

A book about Australia’s federal election issues & rights
ISBN 978-0-9751760-3-0 was ISBN 0-9751760-3-X (Book), ISBN 978-0-9751760-4-7 was ISBN 0-9751760-4-8 (CD)
PLEASE OTE: You may order any book issue, such as ISPECTOR-RIKATI® & What is the -Australian way of
life- really? by facsimile 0011-61-3-94577209 E-mail [email protected]