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International Criminal Court is asked to protect the Australian Constitution from the Dishonourable and the Corrupt

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Judicial Corruption Australia

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Nov 22, 2009, 10:05:45 PM11/22/09

pham BSc(Hons, Melbourne Uni)

GPO BOX 1007

Springvale

VICTORIA 3171

Post Office Box 19519, 2500 CM The Hague, The Netherlands

Bo�te postale 19519, 2500 CM La Haye, Pays Bas
Telephone / T�l�phone: + 31 70 5158515

Facsimile / T�l�copie: + 31 70 5158555

http://www.icc-cpi.int

Our Reference: OTP-CR-415/09

Filed for: PRIVATE AND CONFIDENTIAL (TO BE SUBMITTED ADDITIONALLY)

Dear M.P. Dillon, Head of the Information & Evidence Unit Office of
the Prosecutor and ICC,

1. I refer the following crimes within the jurisdiction of the
International Criminal Court (ICC);

2. Can the ICC enlighten myself and the Australian people, why
the below criminal acts by the Commonwealth of Australia and the
Australian judiciary do not fall under the jurisdiction of the
International Criminal Court;

3. I encourage other Australians to submit under this Reference
Number OTP-CR-415/09, under the understanding that they must send me a
copy, and I reserve the right to refuse and remove submissions that
are detrimental to this and subsequent submissions;

4. The Commonwealth will be sent this correspondence and other
Australians will receive under the blind carbon copy of email, or
other means of correspondence;

5. We urge the International Criminal Court to protect the
Australian Constitution from those who would strive to pervert it in
an attempt to violate International and local Australian laws;

6. In a decision by the Federal Court in VID91/2009, Middleton J
affirmed that Australian Courts and Tribunals can dispense with the
Rules of Evidence in contempt of the Evidence Act 1995 (Cth), the
rules of natural justice, and first principles of law and justice,
inter alia;

7. Unlawful Racial Discrimination is not criminal act, but
perverting justice and fabricating evidence are criminal acts under
the Australian Constitution, the Evidence Act 1995 (Cth), the Crimes
Act 1914(Cth);

8. What Middleton J is attempting to do is ultra vires and extra
judicial; Middleton J has refused to confirm that he did indeed make
the oath of office as required by the Australian Constitution;

9. What Middleton is attempting to do is make me a refugee in my
own country in violations of the Citizenship Act;

10. Stealing my possessions;

11. and depriving me access to the legal process and the Australian
Constitution;

12. and the protection thereof.

13. The ICC is asked whether this NOT imprisonment in a legal void,

14. In a conspiracy by the Commonwealth to cause injuries and death;

15. These are the same crimes they have violated against my fellow
human beings, the Australian Aborigines of the Northern Territory, and
others;

16. They have abused the Evidence Act, by bringing now-discredited
evidence to their dishonourable High Court Judges in order for the
judges to abuse discretionary powers in suspending the Racial
Discrimination Act 1975 (Cth);

17. The High Court Australia has conspired with the Executive branch
in order to enslave and imprison Aborigines NOT only in a legal void,
and threats of removal of social security safety net in violation of
HREOCA1986 , but also physical imprisonment;

18. The Australian judiciary and executive have authorised their
enforcers, namely the police and army to remove name tags, which form
part of their uniform, every time they have the criminal intent and
intention to violate local and international laws, in attacking
civilians physically and psychologically;

19. War Crimes may have been committed by the presence of the
Australian army in the NT Intervention and Appartheid;

20. The Australian judiciary and executive have authorised the
Incitement of Racial Hatred, which is a criminal offence;

21. Thereby creating an atmosphere where the Aborigines feel they
have to fight back in order to protect their own people, their own
families and their possessions;

22. They created political prisoners like Lex Wotton, who fought
dishonourable police who caused death to his people in the police
prisons, in Black Deaths in Custody;

23. They caused the death of Aborigines like Mr Ward and TJ Hickey,
by dogwhistling authorisation to their police force to dispense with
duty of care and duty of office to protect the public;

24. Imprisoned political prisoners like Phuong Ngo, Megumi Ogawa and
on the flimsiest of evidence, and failing to properly instruct juries;
Habeus corpus have been filed and refused based on the abuse of
discretion;

25. Recently, their judge imprisoned a 12 year Aborigines boy on
�suspicion� of theft, not proven, without any proper parental consent
or supervision, exposing a boy to rape and abuse by inmates and
officers;

26. Their health system left a 4 year old Aborigines girl dead by
refusing health care;

27. Their Human Rights and Equal Opportunity Commission and
president John von Doussa, refuse to investigate human rights
violations and acts of unlawful racial discrimination, and further
refusing to terminate the complaints so that they can be heard in the
court of law under Human Rights and Equal Opportunity Commission Act
46PO; in violation of RDA1975 and HREOCA1986; international treaties
ICCPR and ICERD;

28. Their Senate Legal and Constitutional Affairs Committee chaired
by Senators Barnett and Crossin, recently held Inquiry into
Australia�s Judicial System and the Role of Judges, and the Inquiry on
Access to Justice; Barnett and Crossin and the Committee indicated
that certain groups of people will not be helped by these inquiries,
and refused to publish submissions of those people, and or properly
considered their submissions;

29. This is a concerted effort by the Commonwealth of Australia to
pervert justice and corrupt the Australian Constitution and the laws
under it;

30. They do this by violating the Evidence Act and abusing
discretionary powers, the rules of natural justice and first
principles of law and justice, and abusing Leave to Appeal as an
instrument of imprisonment of people in a legal void, that�s ultra
vires and extra judicial, based on personal discriminatory opinion
rather than legal and lawful opinion;

31. They do this with full authority from their dishonourable
judges, all the way to the High Court Australia and the Chief Justice
Robert Shenton French, in M142 Pham vs French, who violate the oath of
office, the same judges who have not been able to affirm their taking
of the oath of office;

32. They imprison people in this legal void, conspiring to cause
injuries, inciting racial hatred, forcing people to fight back and
then to imprison them, all on discretionary proceedings; They set the
people up to fail and when the people fail they call them inferior,
locking them up in ghettos and apartheid;

33. The hallmark of the Australian judiciary is abuse of
discretionary powers and abuse of rules evidence;

34. VID 91/2009 Pham vs the Commonwealth is clear evidence of clear
and present danger to the Australian Constitution;

35. Middleton J has authorised the disregards for the rules of
evidence and the Evidence Act and first principles of law and justice;

36. Middleton J has authorised that the sworn testimonies of one
ethnic group is less valid in the Australian Courts, than another
ethnic group;

37. Middleton J has authorised the prejudicial hijacking of the
running of the case by one party in preference of another, by the
judicial officer no less;

38. Middleton J has imprisoned myself and my fellow Australians in
legal void;

39. Middleton J has conspired to cause injuries, mental harm and
mental stress, �intentionally causing great suffering, or serious
injury to body or to mental or physical health.�

40. Middleton J has stolen my Australian Citizenship, my rights to
justice and legal process;

41. We urge the ICC to enforce the jurisdiction of the ICC and the
Rome Statutes, in prosecuting the Commonwealth of Australia and its
public servants, in violation of local and international laws, ICCPR,
ICERD, the Australian Constitution, the Evidence Act 1995 (Cth),
Crimes Act 1914 (Cth), HREAOCA1986, RDA1975;

42. Please have continuous correspondence with us and other
Australians to elaborate the crimes of the Commonwealth of Australian
has inflicted on many Australians, black, white and colored;

43. Further submissions will be forthcoming.

Article 5

Crimes within the jurisdiction of the Court

1. The jurisdiction of the Court shall be limited to the most
serious crimes of concern to the international community as a whole.
The Court has jurisdiction in accordance with this Statute with
respect to the following crimes:

(a) The crime of genocide;

(b) Crimes against humanity;

2. The Court shall exercise jurisdiction over the crime of
aggression once a provision is adopted in accordance with articles 121
and 123 defining the crime and setting out the conditions under which
the Court shall exercise jurisdiction with respect to this crime. Such
a provision shall be consistent with the relevant provisions of the
Charter of the United Nations.

Article 6

Genocide

For the purpose of this Statute, "genocide" means any of
the following acts committed with intent to destroy, in whole or in
part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or in
part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

Article 7

Crimes against humanity

1. For the purpose of this Statute, "crime against humanity"
means any of the following acts when committed as part of a widespread
or systematic attack directed against any civilian population, with
knowledge of the attack:

(a) Murder;

(b) Extermination;

(d) Deportation or forcible transfer of population;

(e) Imprisonment or other severe deprivation of physical liberty
in violation of fundamental rules of international law;

(f) Torture;

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence of
comparable gravity;

(h) Persecution against any identifiable group or collectivity on
political, racial, national, ethnic, cultural, religious, gender as
defined in paragraph 3, or other grounds that are universally
recognized as impermissible under international law, in connection
with any act referred to in this paragraph or any crime within the
jurisdiction of the Court;

(i) Enforced disappearance of persons;

(j) The crime of apartheid;

(k) Other inhumane acts of a similar character intentionally
causing great suffering, or serious injury to body or to mental or
physical health.

2. For the purpose of paragraph 1:

(a) "Attack directed against any civilian population" means a
course of conduct involving the multiple commission of acts referred
to in paragraph 1 against any civilian population, pursuant to or in
furtherance of a State or organizational policy to commit such attack;

(b) "Extermination" includes the intentional infliction of
conditions of life, inter alia the deprivation of access to food and
medicine, calculated to bring about the destruction of part of a
population;

(c) "Enslavement" means the exercise of any or all of the powers
attaching to the right of ownership over a person and includes the
exercise of such power in the course of trafficking in persons, in
particular women and children;

(d) "Deportation or forcible transfer of population" means forced
displacement of the persons concerned by expulsion or other coercive
acts from the area in which they are lawfully present, without grounds
permitted under international law;

(e) "Torture" means the intentional infliction of severe pain or
suffering, whether physical or mental, upon a person in the custody or
under the control of the accused; except that torture shall not
include pain or suffering arising only from, inherent in or incidental
to, lawful sanctions;

(f) "Forced pregnancy" means the unlawful confinement of a woman
forcibly made pregnant, with the intent of affecting the ethnic
composition of any population or carrying out other grave violations
of international law. This definition shall not in any way be
interpreted as affecting national laws relating to pregnancy;

(g) "Persecution" means the intentional and severe deprivation of
fundamental rights contrary to international law by reason of the
identity of the group or collectivity;

(h) "The crime of apartheid" means inhumane acts of a character
similar to those referred to in paragraph 1, committed in the context
of an institutionalized regime of systematic oppression and domination
by one racial group over any other racial group or groups and
committed with the intention of maintaining that regime;

(i) "Enforced disappearance of persons" means the arrest,
detention or abduction of persons by, or with the authorization,
support or acquiescence of, a State or a political organization,
followed by a refusal to acknowledge that deprivation of freedom or to
give information on the fate or whereabouts of those persons, with the
intention of removing them from the protection of the law for a
prolonged period of time.

3. For the purpose of this Statute, it is understood that the
term "gender" refers to the two sexes, male and female, within the
context of society. The term "gender" does not indicate any meaning
different from the above.

AUTHORITY

1. Azzopardi v Tasman UEB Industries Ltd

2. Refugee Review Tribunal;

3. Ex parte Aala (2000) 204 CLR 82.

4. Coco v The Queen (1994)

5. The University of Wollongong v Metwally (1984)

6. International Convenant on the Eliminations of All forms of
Racial Discrimination

7. International Convenant on the Civil and Political Rights

8. Human Rights and Equal Opportunity Act (Cth) 1986

9. Subramanian v Public Prosecutor [1956] 1 WLR 965

10. Travers v State of New South Wales [2000] FCA 1565 (3 November
2000)

11. High Court of Australia Act 1979 (Cth) s11 and Schedule

12. Lord Denning The Discipline of Law, Butterworths London 1979
p209.

Mandamus

Mandamus will lie for an abuse of discretion where discretion has been
exercised arbitrarily and capriciously or where discretion has been
exercised in bad faith, Peavey Co. V. Corcoran 714 S.W.2d 943. In such
instances the abuse amounts, in effect, to no discretion. Mandamus is
warranted when the abuse is clear or results in a manifest injustice,
Reis V. Nangle 349 S.W.2d 943. Mandamus will lie when an official
refuses to act when he has a duty to act and refuses to do so.

Date:

Monday, 23
November 2009

Signature:

Cheers

Admin
http://kangaroocourtaustralia.com
iWitness: Judicial Corruption
http://iwitness.x24hr.com/judicial_corruption/

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-----------------------------------------
why little Johnnie Winston Coward Howard?

why must you cover up for your crooked white mates like crooked high
court judges French, Hayne, Gummow and Crennan JJ ?

Senate Enquiries: Whitewash
http://www.aph.gov.au/Senate/committee/legcon_ctte/judicial_system/in...
iWitness: Judicial Corruption Australia
http://iwitness.x24hr.com/judicial_corruption/index.php?/topic/2217-y...

Heres a Documentary on how these corrupt judges conspire to pervert
justice and fabricate documents, include the newly appointed Chief
Justice Robert Stenton French

http://www.youtube.com/watch?v=yyj_gWqdDWQ

The little Johnnie Winston Coward Howard neverending Magic Pudding therapy,
where feckin white pedophiles with the nerve to accuse blackfellas !!!

Crooked racist white Australia ^^

http://iwitness.x24hr.com/judicial_corruption/index.php
http://kangaroocourtaustralia.com
http://www.youtube.com/watch?v=yyj_gWqdDWQ&feature=channel_page
http://www.youtube.com/user/fightKangarooCourts

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