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20240218-Mr G. H. Schorel-Hlavka O.W.B. To Tony Maddox (Re Bridge, Etc)

It is long overdue that the abuse of powers is stopped. In my view Mr Tony Maddox is entitled to enjoy the rights of his property without any undue interference about Aboriginal beliefs about some “rainbow serpent”.
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0% found this document useful (0 votes)
66 views5 pages

20240218-Mr G. H. Schorel-Hlavka O.W.B. To Tony Maddox (Re Bridge, Etc)

It is long overdue that the abuse of powers is stopped. In my view Mr Tony Maddox is entitled to enjoy the rights of his property without any undue interference about Aboriginal beliefs about some “rainbow serpent”.
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Page 1

1
2
3 Mr Tony Maddox Australia, Victoria time 18-2-2024
4 [email protected] <[email protected]>;
5
6 NOT RESTRICTED FOR PUBLICATION
7
8 Tony,
9 I was just watching a video Opinion with Andrew Bolt regarding you having built a bridge
10 on your property and you apparently need to go to court on 24 February 2024 again (5th time?)
11 My view is that if you can defeat the Heritage legislation on constitutional grounds (see below)
12 then there is nothing to litigate about against you!
13
14 I understood you saying you have a lawyer and a barrister on the case. As I used to say to former
15 opponent lawyers, after they lost the cases, it is not how much you know but that you know what
16 you need to know for a particular case!
17 It seems to me your lawyers ought to seek an adjournment so they can if they like check out
18 my blog or write to me for further set out, which I would do at no charge, so they can
19 properly represent you that the Heritage law of WA violated the exclusive Ss51(xxvi)
20 legislative powers of the Commonwealth.
21
22 Your lawyers will need time to learn the true meaning and application of the legal principles
23 embedded in the Commonwealth of Australia Constitution Act 1900 (UK) as in my view they
24 do not appear to have the required knowledge as if they had I view your case would have been
25 stopped day 1.
26
27 In my view an OBJECTION TO JURISDICTION would have been appropriate for the Western
28 Australian Government (so its agents/departments) to prove the court has jurisdiction despite that
29 the “rainbow serpent” issue falls within s116 and States have no legislative powers as to
30 Aboriginals since 1967. Hence, the WA heritage law cannot be used in that regard.
31 I view that therefore the Department litigating against you lack any legal standing, this because
32 they are not a Commonwealth entity and cannot violate Ss51(xxvi) exclusive powers of the
33 Commonwealth! Hence, there also is NO CASE TO ANSWER!
34
35 Actually on 19 July 2006 when I just defeated the Commonwealth and 9 Attorney-Generals in
36 both appeals Ms van Rooy asked me to assist her as she had 3 criminal charges and the police
37 had 5 police officers, a clerk of court and a deputy clerk of court and a medical doctor as
38 witnesses whereas Ms van Rooy had only herself. I immediately wrote to the DPP that there was
39 NO CASE TO ANSWER. While ordinary one make a claim of NO CASE TO ANSWER at the
40 conclusion of the prosecutors case I did about 2 years before the trial and the DPP responded to
41 withdraw 2 out of 3 charges. Then when the trial finally came around His Honour Woods at the
42 conclusion of the prosecutor’s case held that the prosecution had not proved its charge.
43 Yet, prior to that I became involved Ms Van Rooy had been advised by lawyers to plea guilty as
44 she would likely face many years imprisonment.
18-2-2024 Page 1 © Mr G. H. Schorel-Hlavka O.W.B.
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Page 2

1
2 I am a CONSTITUTIONALIST and a now retired Professional Advocate but also writes
3 extensively on my blog https://www.scribd.com/inspectorrikati. I do not charge for anyone
4 downloading documents!
5
6 On 19 July 2006 I (representing myself) succeeded in both appeals in AEC v Schorel-Hlavka on
7 constitutional grounds and neither the Commonwealth or the 9 Attorney-Generals who all
8 were served with my NOTICE OF CONSTITUTIONAL MATTER challenged me on the
9 appeals!
10
11 I will now set out why in my view it appears your lawyers are failing to represent you
12 appropriately! I make this call because as a CONSTITUTIONALIST I view your case should
13 have been finished at the first hearing!
14
15 The Framers of the Constitution held that all persons born in Australia were “native Australians”
16 and equal in rights!
17 Prior to the 1967 Ss51(xxvi) referendum Aboriginals were deemed to be equal as other native
18 Australians. As for section 127 that was relating to how much a State would have to pay at time
19 of federation and for this Aboriginals were not counted.
20 Aboriginal rights were therefore the same as other Australians since federation and those who
21 had state franchise were entitled to vote in federal elections since federation and did so.
22 However, once the con-job 1967 ss51(xxvi) referendum was held and succeeded constitutionally
23 that is Aboriginals actually lost their “citizenship” (so franchise) and the Framers of the
24 Constitution made it very clear that any legislation regarding a race could not be held against the
25 “general community” being all other Australians.
26
27 Moreover, S116 clearly prohibits the Commonwealth to enforce any religion.
28
29 Also, the moment the Commonwealth legislated as to any race then the States no longer could do
30 so (other than Section 25) and its existing laws no longer were applicable.
31
32 Hansard 2-2-1898 Constitution Convention Debates
33 QUOTE Mr. DEAKIN (Victoria).-
34 The record of these debates may fairly be expected to be widely read, and the
35 observations to which I allude might otherwise lead to a certain amount of
36 misconception.
37 END QUOTE
38
39 Hansard 27-1-1898 Constitution Convention Debates
40 QUOTE
41 Mr. BARTON.-I was going to explain when I was interrupted that the moment the
42 Commonwealth legislates on this subject the power will become exclusive.
43 END QUOTE
44
45 Hansard 27-1-1898 Constitution Convention Debates
46 QUOTE
47 Mr. BARTON (New South Wales).-If this is left as an exclusive power the laws of the
48 states will nevertheless remain in force under clause 100.
49 Mr. TRENWITH.-Would the states still proceed to make laws?
50 Mr. BARTON.-Not after this power of legislation comes into force. Their existing
51 laws will, however, remain. If this is exclusive they can make no new laws, but the
52 necessity of making these new laws will be all the more forced on the Commonwealth.
53 END QUOTE
18-2-2024 Page 2 © Mr G. H. Schorel-Hlavka O.W.B.
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Page 3

1
2 Hansard 7-3-1898 Constitution Convention Debates
3 QUOTE Mr. HOWE.-
4 My only desire is to give power to the Federal Parliament to achieve a scheme for old-age
5 pensions if it be practicable, and if the people require it. No power would be taken away
6 from the states. The sub-section would not interfere with the right of any state to act in
7 the meantime until the Federal Parliament took the matter in hand.
8 END QUOTE
9
10 I understand you refer to the 1972 Heritage law which cannot refer to Aboriginals because,
11 again, since 1967 it became exclusive Commonwealth legislative powers, and the previous
12 “concurrent” legislative power existing regarding Section 51 headings never applied at all
13 regarding “races” involving Aboriginals as, again, Aboriginals were within State legislative
14 powers until 1967 and then the Commonwealth legislation ousted this.
15
16 Also Ss51(xxvi) is followed by S116 of the Commonwealth of Australia Constitution Act 1900
17 (UK) and therefore any kind of Aboriginal religion would be prohibited for the Commonwealth
18 to enforce against non-Aboriginal Australians. It doesn’t matter if there is some belief about
19 some “rainbow serpent” because Aboriginals are entitled to their religious belied but cannot
20 enforce it and so neither the Commonwealth upon other Australians.
21
22 There is no such thing as a legal principle embedded in the constitution as to “First Nations”,
23 “indigenous Aboriginal”, “traditional custodian”, “traditional owner” as they are all scams!
24
25 Neither did Capt Cook invade “New Holland” in 1788 as the Dutch already had claimed “New
26 Holland” in 1658! (Western Australian records).
27
28 As my blog also sets out in details there were many races before Aboriginals settled in what is
29 now known as “Australia” or “Commonwealth of Australia”. Meaning that Aboriginals never
30 were “indigenous” but rather “natives”!
31
32 Why have a constitution when governments and law enforcement authorities are
33 failing to protect Australians against abuse of powers. Shadow banning, fraudulent
34 charges to bank account, etc. Defund the Australian Federal Police and replace it
35 with a competent police force.
36 You can download the document from:
37 https://www.scribd.com/document/665971908/20230820-Mr-G-H-Schorel-Hlavka-O-W-
38 B-to-R-Kershaw-Chief-Commissioner-of-AFP-Suppl-102-Shadow-Banning-Etc
39
40 QUOTE 20230820-Mr G. H. Schorel-Hlavka O.W.B. to R Kershaw Chief Commissioner of AFP-Suppl 102-
41 shadow banning, etc
42 https://cairnsnews.org/2023/04/17/foi-reply-reveals-the-voice-will-enable-a-treaty-which-will-
43 take-a-large-portion-of-gnp-and-rent-from-all-white-australians-and-abolish-
44 flag/?replytocom=461397#respond
45 FOI reply reveals the Voice will enable a Treaty which will take a large portion of GDP
46 and rent from all white Australians and abolish flag
47 QUOTE

48 Peter Campion
49 April 19, 2023 at 6:28 pm
50 From Keith Windschuttle’s books, the current aboriginal people are almost all
51 Carpentarians, close relatives of Sri Lanka’s Vedda people, who came here across the ice-
52 age land bridge where the Torres Strait is now ~15,000 years ago.
18-2-2024 Page 3 © Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
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Page 4

1 Before them where the Murraysians (~25,000 years ago).


2 Before them where the Negritoes (~40,000 years ago).
3 Surviving in arid ice-age Australia was tough.
4 The Negritoes ate the mega-fauna, which ended any chance of harnessing animal power for
5 farming and any chance of developing an agrarian society in Australia.
6 The Murraysians ate the Negritoes.
7 The Carpentarians ate the Murraysians.
8 Then they ate each other.
9 See ethnographer Carl Lumholtz’s excellent book from his experience in NQ in the 1880s
10 on his journey beginning on the Herbert River, “Among Cannibals: Four Years Travels in
11 Australia and of Camp Life with the Aborigines of Queensland”, free download from
12 archive.org here –
13 https://ia800900.us.archive.org/28/items/amongcannibalsa00lumhgoog/amongcannibalsa0
14 0lumhgoog.pdf
15 Everyone has a history of displacing others, and everyone has 60,000 years of culture.
16 Therefore everyone should be treated the same under the law.
17 No exceptions.
18 Ever.
19 “BTW, they DID invent the boomerang – that’s got to be worth some credit.”
20 I can’t find the link at the moment, but there exists convincing arguments that the
21 boomerang was technology brought here by ancient Egyptians.
22 They’ve been found in the tombs of some ancient kings and there was an ancient Egyptian
23 navigator who went on a world discovery tour thousands of years before Cook, whose
24 name eludes me at present…
25 END QUOTE
26
27 What ‘First Nations’?
28
29 The Murraysians ate the Negritoes.
30 The Carpentarians ate the Murraysians.
31 Then they ate each other.
32 END QUOTE 20230820-Mr G. H. Schorel-Hlavka O.W.B. to R Kershaw Chief Commissioner of AFP-Suppl
33 102-shadow banning, etc
34
35 If you were to read the entire 20 August 2023 document you will find a lot of details!
36
37 Again, let it be clear that Aboriginals may have all kinds of beliefs and they are entitled to it as
38 much as anyone else is but they cannot force it upon others as to deny others their rights!
39
40 HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
41 Australasian Convention)
42 QUOTE Mr. DEAKIN.-
43 What a charter of liberty is embraced within this Bill-of political liberty and religious
44 liberty-the liberty and the means to achieve all to which men in these days can reasonably
45 aspire. A charter of liberty is enshrined in this Constitution, which is also a charter of
46 peace-of peace, order, and good government for the whole of the peoples whom it will
47 embrace and unite.
48 END QUOTE
49 And
50 HANSARD 17-3-1898 Constitution Convention Debates
51 QUOTE
18-2-2024 Page 4 © Mr G. H. Schorel-Hlavka O.W.B.
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Page 5

1 Mr. SYMON (South Australia).- We who are assembled in this Convention are about to
2 commit to the people of Australia a new charter of union and liberty; we are about to
3 commit this new Magna Charta for their acceptance and confirmation, and I can
4 conceive of nothing of greater magnitude in the whole history of the peoples of the
5 world than this question upon which we are about to invite the peoples of Australia to
6 vote. The Great Charter was wrung by the barons of England from a reluctant king. This
7 new charter is to be given by the people of Australia to themselves.
8 END QUOTE
9
10 Olga my 91-year-old wife suffers from heart failure and other comorbidities and for this I am
11 very limited as to assist others, however willing (FREE OF CHARGE) to seek to assist your
12 lawyers if they desire to learn more about it.
13
14 DISCLOSURE: One of my daughter‘s first (female) cousin married an Australian of Aboriginal
15 descent and they have 5 children.
16
17 We need to return to the organics and legal principles embed in of our federal constitution!
18
19 This correspondence is not intended and neither must be perceived to state all issues/details.
20 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)

21 MAY JUSTICE ALWAYS PREVAIL®


22 (Our name is our motto!)

18-2-2024 Page 5 © Mr G. H. Schorel-Hlavka O.W.B.


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