Magistrate W John Smith, another lawbreaking magistrate.

Magistrate W John Smith, another lawbreaking magistrate.

Postby russellm » Wed Sep 24, 2008 10:36 am

Magistrate W John Smith, another lawbreaking magistrate.

Now this is where having a legal training is beneficial. I cannot be convicted of CONTEMPT OF COURT, for verbally criticizing a judge, even if he wasn't a criminal. All the PRECEDENT relating to contempt of court shows that a charge of contempt of court can NEVER be used to protect an individual. The charge is to protect the court, NOT the judge. I have had a UNANIMOUS WIN in the Queensland Court of Appeal on just this, when this parasite magistrate W John Smith, re-phrased my comments into something I did not say, denied me a hearing and imprisoned me for seven day for allegedly 'insulting' him.

On a previous Court hearing, before Magistrate W John Smith, I had requested, from the Australian Federal Court, certain documents that were in the Federal Court. This was not by Using a magistrates Court document for Subpoena but rather a request of the Federal Court. The documents were in the possession of an orderly, I recognised, from the Federal Court.

Smith, the CRIMINAL low life scum bag, whispered to his clerk, who then went to the Federal Court orderly, and took possession of the documents. Smith's clerk then took them out of the court. When I later requested those Federal Court documents to be produced, Smith denied any knowledge of them, and refused to present them.

On the occasion, in October, 1996, of Smith sentencing me to seven days jail for 'insulting' him, I had requested that Smith recuse himself from hearing a matter involving me on the ground of BIAS, as I stated that on that previous occasion, "You had spirited the documents I had requested the Federal Court to produce, out of court AND I was denied a fair trial" because those documents were not available at the subsequent trial. Smith took exception to my stating that he had 'spirited the documents out of court". He order that the Audio recorder be turned on. Charged me there and then with Contempt of Court per Section 40 of the Justices Act, accused me of saying "You stated that I had spirited the document that you had requested the Federal Court to produce, out of court TO deny you a fair trial. I am insulted by that." and required me to there and then defend myself. . I suggest that he probably heard it that way, because that is what he intended. He is a criminal. Any person who appears before him, should request him to recuse himself.That would be known to most lawyers.

I began to reply and defend myself, when that parasite W John Smith interrupted me with, "You couldn't know what I said to my clerk. I convict you and sentence you to seven days imprisonment. Wait at the back of the court and you will be taken down."

On appeal, I beat that BASTARD. It was cleat that the three judges in the Court f Appeal detested giving me a win, but they had no choice. I had prepared my appeal "on the papers", with multiple grounds on each of which I would win conclusively, listing all precedents appropriately. My first ground was that he had denied me a fair hearing in that he had interrupted me. The three judges especially Pincus J. tried to equivocate, on whether I had actually finished my defense, although the transcript showed that I had immediately stated on Smith's sentencing me "I haven't finished yet". There were so many grounds on which I would or should have won. They all had read my appeal documents, and realized they would have looked even more ridiculous, if they had tried to test every point of my appeal.

On my reckoning, that PARASITE BASTARD W John Smith OWES ME.

SMITH IS A CRIMINAL. I know of other cases where he has shown himself to be the contemptible criminal that he is.

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Russell G H Mathews BCom BSc LLB BA
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