brief update: a Writ of Mandamus

Defendant: Chief Justice Mortimer .. now, all eyes on the High Court

Julian Gillespie

Jul 19, 2024

130

good Substack Folk,

a brief update as we further formalise papers behind the scenes & update all Senators and MPs

on 28 June we informed you a Writ of Mandamus had been lodged the previous day

for your reading pleasure - and so you can all see the nuts-and-bolts of what we are seeking the High Court compel Chief Justice Debra Mortimer to do - below is a sealed copy of the Writ

Writ Of Mandamus Against Debra Mortimer

1.33MB ∙ PDF file

Download

since my last post we have been in detailed discussions with many concerned Federal Senators and MPs, assisting them to understand their individual authority and jurisdiction under Section 72(ii) of the Constitution, to separately call for a Commission of Inquiry into judge Helen Rofe irrespective of the inaction and failures of Debra Mortimer - inaction and failure - indeed another very good reason to call for a Commission of Inquiry when the judiciary fails to investigate itself at all, or properly

.. and, we also had to correct advice the Attorney-General Mark Dreyfus has been providing to various MPs and Senators who have approached his office seeking to understand their powers under Section 72(ii) ..

.. unfortunately, A-G Dreyfus has not been providing all the advice he should, instead telling interested MPs and Senators they should first wait on the outcome of the complaints process undertaken by Debra Mortimer into Helen Rofe .. which just happens to be the complaints process Debra Mortimer is utterly failing to perform and undertake .. which is why she now finds herself as the named Defendant on a Writ of Mandamus filed in the High Court of Australia .. not a career high point

it is taking some Senators and MPs a while to appreciate this is just another reason why they were given the extraordinary power and jurisdiction under Section 72(ii) to independently go after misbehaving judges, because other members of the judiciary cannot be trusted to investigate their own work mates - the Federal Court complaints process screams conflict of interest - commonsense dictates you don’t ask one colleague to investigate another

but .. some Senators and MPs are starting to get it

.. they are seeing Section 72(ii) is one of those rare powers where they do not have to stand by and observe the Separation of Powers rule of letting the judiciary decide a matter first, before they act or comment - No .. not when judicial misbehaviour is the subject matter - Section 72(ii) inherently understands the judiciary is incapable of investigating its own, thus why the framers of the Constitution vested this one particular jurisdiction, power, and authority in our elected representatives

.. but still some MPs and Senators need to get-up-to-speed, so please, if you haven’t already, contact your MP and Senators using Section72.au

at the end of the day words like ‘judge’, ‘magistrate’ and ‘justice’, are just fancy titles given to a few Public Servants

when a Public Servant is called a Justice for instance, and has been found to be misbehaving, particularly in a manner that suggests dishonesty .. well, at law as has been explained previously, that conduct cancels out their authority as a Justice .. they are no longer deemed to be a judicial Public Servant, and questionably, even a Public Servant

when Public Servants vested with certain authority and power abuse their position, by operation of law their authority is removed automatically - and cancelled

but in confirming this cancellation, the requirements of natural justice and procedural fairness must be observed, just in case there has been some misunderstanding or factors showing Why the cancellation should not be permanent, thus to ensure fairness even to a judge who has apparently misbehaved .. so, a formal investigation must be conducted to confirm that person did something bad, and that Yes, their authority and power evaporated into the ether, never to be seen again, when they did the bad thing they did, if proven

this formal investigation is what Debra Mortimer has found too difficult to undertake properly in respect of her friend and colleague, Helen Rofe .. confirming the bad conduct, and having to inform her friend that she must be referred to the Attorney-General for a formal Parliamentary investigation for the purposes of Section 72(ii)

but as this bloody time-consuming, expensive, and justice denying (Dr Fidge’s GMO proceedings are still stuck in limbo) Writ of Mandamus confirms one thing for everyone - leaving the job of executioner to Debra Mortimer was always a bad choice prone to go nowhere effective - all window dressing with no effective justice

.. being a judge is a massively privileged position .. you run with a privileged crew -your fellow judges and justices .. and just like a bad cop told to leave the force has a hard time of it .. so too for a judge fallen from their privileged perch .. so it stands to reason the Chief Justice doesn’t want to be seen as the one who has to push Helen Rofe off that privileged perch .. even though Helen deserves it, Debra will have to walk the hallowed halls of justice as The One who had to sacrifice one of their own .. Helen Rofe

thus why the framers of the Constitution provided our upstanding Senators and MPs with the supreme authority and power to step-in and undertake the task needing to be performed .. that investigation I mentioned above, into Helen Rofe, and where the evidence is conclusive, then flexing their Constitutional powers and right to request the Governor-General remove Helen Rofe from office, forever

but until our Senators and MPs take the necessary steps for protecting the Australian People from a judiciary that has and is failing them, the legal team for Dr Fidge must take on that responsibility .. and I must tell you, the legal team should not have undertake this role, exposed as they are now to possible attacks from within the ranks of the judiciary, for so long as the judiciary believes our elected representatives will not step-in and invoke the supreme authority of the Constitution

so you can see we have a dynamic and powerful battle of brinkmanship playing out right now, in front of everyone, with the judiciary very carefully keeping one eye on our elected representatives to see if they will use their Section 72(ii) powers

if our elected representatives do make that move to step-up and protect the Australian People, the judiciary must immediately submit and withdraw and open its doors to all the powers of a Commission of Inquiry under Section 72(ii)

.. emails become accessible .. telephone logs become accessible .. diaries become accessible .. as too the possibility of compelling judges to undergo cross-examination to tell Us what they knew, and when ..

.. and heaven forbid some current and former government people find themselves called into the same spotlight, too

.. that could be a whole lot of dirty laundry

but that's enough suspense and speculation for now

just know this .. serious discussions are afoot .. the next steps in the next few weeks could be .. amazing

separately .. Many Thanks to the great and most welcoming folk of the Northern Territory .. the Territorians, the Centralians, the Buffaloes .. the hard working Mums and Dads who were all massively impacted by the ludicrous Covid madness .. Thank You for the talks and story sharing over recent weeks, with especial Thanks to the motor mechanical genius of Mark Gwaku, who turned a seemingly disastrous motor problem into a comparable 20 cent fix .. and further very special Thanks to my most wonderful host, the courageous and indefatigable outback and remote locations doctor extraordinaire - a 20+ years specialist no less - still mandated-out for choosing to First, Do No Harm, Dr Ciara O’Sullivan .. a woman of profound dignity and greater humbleness, who has literally been washing dishes and cleaning people’s houses since late 2021 when she walked away from Australia’s medical madness .. the good Peter Fam has taken up her cause (so stay tuned on that front too)