Without Prejudice: Nailing the Standard

Copyright © 2012 by Jan Ernest Gainsworthy.

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Rev. date: 11/21/2014

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CONTENTS

Chapter 1: The Sting

Chapter 2: Free-Fall from Grace

Chapter 3: Making Legal Claim

Chapter 4: The Epiphany

Chapter 5: Re-engaging Sean Ruck

Chapter 6: Approach to the CMC

Chapter 7: District Court—10 Days to Respond

Chapter 8: The Supreme Court of Appeal

Chapter 9: High Court;: Unrepresented Appellant

Chapter 10: Appeal for Clemency—The Privy Council

Chapter 11: Dropping the Case

Chapter 12: Back to Challenge

Chapter 13: Federal Executive: Lord Diplock

Epilogue

Appendices

Bibliography

PREFACE

Borne from the denial of the most simplistic legal claim, money owing, the author’s story portrays an overwhelming struggle with individuals of the Queensland legal system, whom believe are above the law, seemingly as a law unto themselves, having little regard for the truth or just outcomes.

Founded on my personal, twenty-two year overwhelming struggle to have trust funds accounted for and retrieved; personal moneys that were secured into a solicitor’s trust account for an agreed period of forty five days, after which time the funds would be returned; doubled, or at the very least returned in full with no deductions. No-one would lose a cent! said KJ, the financier, It’s all white money, assured the practising solicitor, Joe Rathdowney (KJ’s silent partner), to all witnesses present at the meeting.

Now, 2012, despite many demands and approaches, and 7300 days later, these funds have never been legally accounted for, nor, returned pursuant to the rules of the Trust Account Act.

For twenty-two years the writer’s obdurate stance has been for the return of these moneys placed into trust. ‘A trust, is a trust, is a trust!’

This uncompromising approach, my obdurate stance, many call, a psychosis, that which I vehemently oppose as being labelled, obsessive compulsive. My crying over spilt milk, the authorities contend; It was my bloody milk, I retort. To the author, being labelled as such, is a lame excuse to vindicate a felon, and is certainly no justification for the white collar crime to go unchallenged, nor ignored when the rules are concrete that a trustee is by law, accountable for all moneys transferred in and out of that trust to beneficiaries.

Individual research by the writer has unearthed corruption beyond measure, far reaching, within the legal system and political arena.

Yet, no-one will take responsibility to force the truth. The trail of a solicitor’s deceit, recorded as facts beyond reasonable doubt, has been dismissed by all authorities, to allow these felons to escape, only to reoffend.

I have been astounded by the lack of spirit of my fellow man/woman in today’s society and the lack of willingness of Statutory Bodies and individuals of the legal system to right an absolute wrong.

The author’s conspiracy theory postulates solicitors, barristers, judges, justices, the Queensland Law Society, the Queensland Police, CIB, and the Crime and Misconduct Commission closed ranks to prescribe and preclude the writer as a constituent of the Commonwealth; Unconscionable betrayal of my birth right and natural justice, if the writer’s theory was proved to be true.

Politicians of State and Federal standing have been made aware of the writer’s plight and truth. However, no-one, or any authority, to this point, has been willing to bring this solicitor to account for releasing trust funds without written authority from the beneficiaries. Releasing trust funds without written authority from the beneficiaries is an offence under the Criminal Code.

Plainly stated in the Australian Constitution is that every individual has a right to be heard.

Natural justice is a basic tenet; the writer believes whole-heartedly that natural justice is for one and all, unconditional and not negotiable. Even the village idiot has this basic right to be fairly heard and not to be pre-judged in accordance with our Australian Constitution. Obliviousness and refutation of this truth is blight on the System our forefathers put in place.

For nowadays’ authorities who have been established by the auspices of democracy, not to uphold such a basic tenet, as natural justice, sells out society and undermines individual’s freedoms and limits the rights of future generations.

A decision-maker, given the facts at hand, has the obligation to weigh both sides of the argument; accordingly a decision-maker must not be biased.

Those in power, entrusted in their positions, are failing our society and eroding the true values our Constitution, subtracting key principles of individual birthright.

We are over governed and there is simply too much power in the hands of those who have been voted in, many of whom are not aligned with the one authority on Earth.

I see urgency for the Australian community to engage in politics, people power, to over-haul the defunct legal system, especially in Queensland, and return to the basic tenets laid down to protect individual’s rights, judiciously cemented by the discerning founding fathers of our precious Constitution.

As a nation, the writer contends, we need to clean up our own backyard in order as a nation; we participate within the world as a global authority.

Underpinning the writer’s inexorable intent for justice is the desire to see that justice, woven as the silver thread, spun into the fabric of our society for the benefit of all, the next generation, my grandchildren, and their future unborn generations.

To all those that doubt, let me enlighten you, for I know the truth is,

There is justice for all; the Lord is law!

I would admonish society, drop your complacency, take action and let the chips fall where they may.

However, never ever give up. I suggest you care!

As W. C. Fields said:

"Life wasn’t meant to be easy. …..

Ah! …….but it can be delightful!"

Take heart, All is well!

The dedication of this book goes to my grandmother and grandfather; my parents to whom I was born and to mother’s sister, the regal E.R., who has been a pillar of support through her wisdom and everlasting faith in God and her love of the law, Christ Jesus.

To protect the identity of individuals all factual names, locations and actual dates, have been substituted for fictitious names, places, dates and file numbers.

As the author I have based the narrative on facts as they are / were; everything I state is actuality, on public record and cannot be disputed, only denied, as they were. However, in accordance with the laws of publishing, the saga becomes just a story, yet one I believe should be told, as to avoid future similar occurrences.

The writer’s story elucidating inconsistencies of individual’s determinations within the legal system, with those within condoning such decisions or turning a blind eye to the glaring anomalies is the ugly side of the coin; the brutal truth. So be it.

Jan Ernest Gainsworthy

Thus my story begins………………..

CHAPTER 1

The Sting

The Good Book ends in Revelation.

However, from Revelation 1: 8, the story in this book begins.

From the back to the front of the good book, it is axiomatic that there is only:

One Authority on Earth!

I am the Alpha and the Omega, says the Lord God,

Who is and Who was, and Who is to come, the Almighty.

The crux of justice, according to the Lord’s servant, apostle Paul, is pertained to, and contained within Romans 13, transcribed from the Holy Bible below:

¹ Let every soul be subject unto the higher powers. For there is no power but of God: The powers that be are ordained of God.

² Whosoever therefore resisteth the power resisteth the ordinance of God: And they that resist shall receive to themselves damnation.

³ For rulers are not a terror to good works, but to the evil. Wilt thou not be afraid of the power? Do that which is good, and thou shalt have praise of the same:

⁴ For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: For he is the minister of God, a revenger to execute wrath upon him that doeth evil.

⁵ Wherefore ye must needs be subject, not only for wrath, but also for conscientious sake.

⁶ For this cause pay ye tribute also: For they are God’s ministers, attending continually upon this very thing.

⁷ Render therefore to all their dues: Tribute to whom tribute is due; custom to whom custom; fear to whom fear; honour to whom honour.

⁸ Owe no man any thing, but to love one another: For he hath loveth another he has fulfilled the law.

⁹ For this, Thou shalt not commit adultery, Thou shalt not kill, Thou shalt not steal, Thou shall not bear false witness, Thou shalt not covert; and if there be any other commandment, it is briefly comprehended in this saying, namely, Thou shalt love thy neighbour as thy self.

¹⁰ Love worketh no ill to his neighbour: Therefore love is the fulfilling of the law.

¹¹ And that, knowing the time, that now it is high time to awake out of sleep: For now is our salvation nearer than when we believed.

¹² The night is far spent, the day is at hand: Let us therefore cast off the works of darkness, and let us put on the armour of light.

¹³ Let us walk honestly, as in the day; not in rioting and drunkenness, not in chambering and wantonness, not in strife and envying.

¹⁴ But put ye on the Lord Jesus Christ, and make not provision for the flesh, to fulfil the lusts thereof.

Everyone, under the sun has rules to live by; there are no exceptions to this rule. No-one can escape this rudimentary universal law without consequence!

I am the writer, Jan Ernest Gainsworthy, the boy from Barham Hills.

Barham Hills is an outer suburb of Melbourne, Australia. I grew up in a time, where there was a definitive middle class. As kids in the 1960’s, we would ride our bikes, play cricket and Australian Rules football in the middle of the unmade suburban streets.

All sport was played on Saturdays. I had a friend named Walter, and his dad, Snowy Lewis, was a trainer for the Barham Hills Australian Rules Football Club. As youngsters we would turn up to the matches at half-time because the organisers would open the outer gates then and there would be free admission to the second half of the football match. Barracking for our team the Mavericks, we would chant, Up with the Hills and down with the dills.

Sundays were sacred, there being no shopping mall open; it was a time for Church and Sunday school.

At the time in Victoria, hotels were not permitted to trade on Sundays. Petrol stations had to close too on Easter Friday and at Christmas. At school assembly, we were to sing, God Save the Queen and pledge to obey parents, teachers and the law.

How things have changed! Nowadays, the boundaries of this middle-class have all but vanished and there exists only two clear class-orders, such as the distinction of communism, rich rulers and the poor, controlled masses. This distinction may appear a little cynical and harsh to some, especially the rich, but it is my strongly held view, derived from my personal experience at the hands of the anointed ones.

This saga, code-named, TOBJOANO, related by Jan Ernest Gainsworthy, began,

DAY 1 WEEK 1

SUNDAY June 1990—(diary note JEG)

A thumb-nail sketch of my background leading up to the fateful beginning of Tobjoano in the late 1980’s and early 1990’s follows.

I, my wife then, Annett, and our three children drifted north from Melbourne in late 1987, and in 1988, around the time of the bicentennial in Brisbane, purchased the freehold general store and newsagency in the back waters of Pumice Stone Beach, in the Greater South East of Queensland, within a few hundred kilometres of the Great Sandy Straits, at the southern tip of Fraser Island.

Over the course of our three-year stint at Pumice Stone Beach, the general-store business was jettisoned and the full newsagency business established, with a morning delivery run. The newsagency business was relocated to a shop in the local Kingfisher Shopping Centre, a kilometre from the old premises where the family still resided.

Every day without break, for 297 days I delivered papers, thus being dubbed the PM of PSB. (Paper Man of Pumice Stone Beach).

The fondest memories of Pumice Stone Beach involved learning to sail my five-metre Hartley, a wooden yacht, named, Pumice Stone News, sipping the home-brew of Jock’s, in his bomb-shelter across the road. We devoured the freshly caught, cooked, blue swimmer crabs, and we had the proximity to Fraser Island where we would fish the tailor, in season. I vividly remember on one occasion cranking-in two-kilogram tailor, off the east coast of Fraser Island and there being no less than a hundred men shoulder to shoulder, standing in the surf, hauling in these mighty fighting fish.

The freehold shop and dwelling, was on a corner of Sky Ring Boulevard, two hundred metres from the water’s edge of the inlet itself, with only a recreational park reserve between the boulevard and the beach.

Upon the sale of the newsagency business, the property, the original corner store of Pumice Stone Beach, was leased to a local chef at the take-away store next door and converted to a restaurant, until a suspicious fire ruined the kitchen from which they cooked. Upon the failure of the kitchen next door due to the fire damage, I relinquished the lease and the old corner shop remained empty for the time.

I retained the property for what was considered to be a retirement investment. My future plans were to redevelop the lot that was already zoned commercial and build shops at ground level and a residence above, which would have views to Fraser Island in the distance, across Pumice Stone Beach.