03 | 01
2011

“You can only have as much justice as you can afford”

Categories: Accountability, ACT Government, Australian Federal Police, Corruption, Discrimination/Racism, Hypocrisy, Rule of Law

by: Bakchos
Leave feedback | 11 Comments »

What do Darren Bloomfield, Isobel Coe, Angelique, the former Commissioner for ACT Revenue, Uncle Billy, Ms King, ‘Spooky eyes’ ‘Bird’ Pat, ‘Lizard’ John Johnson, Albert Mason, Richard Hansen, Trevor Beal and me all have in common? More to the point, what do we have in common with two hundred other Australians?

Firstly, we are all Indigenous Australians. Secondly, we have all been terrorised, bullied and denied fairness by the institutions that masquerade as the upholders of justice in the capital of Australia. Thirdly, we are all intending to put our ‘hands up’ in the United Nations along with all those other Indigenous Australians who have been victims of injustice around  Australia, and have provided me with statements, and say to the world “Australia is a racist country and we have had enough!”

A neat little trick developed by the ‘white legal system’ and perfected in Australia’s capital is to refuse to take complaints from ‘black’ Australians complaining about crimes committed against them by ‘white’ Australians. Nice if you can get away with it, which they do in Australia’s capital, because the institution that masquerades as a police service in that jurisdiction, the Australian Federal Police, lets them. Secondly, if a ‘black’ is charged with an offence under ‘white man’s law’ in Australia’s capital, those who masquerade as the upholders of justice bring charges against the complainants, drop those charges, bring fresh charges, drop the fresh charges, substitute them for new charges. All the while the ‘black’ is expending his/her resources defending themselves against this travesty that masquerade’s as justice, while being defamed and publically humiliated by ‘white’ prosecutors and media.

After four or five years have elapsed since the allegations against the ‘blacks’ were first made the matters finally reach court. During this four of five year hiatus, the defenders have expended all of their resources participating in the charade that passes for justice in Australia’s capital, only to be told that “You can only have as much justice as you can afford”, which is ‘white’ lawyer speak for “you are about to be denied justice, because you can’t afford it!”

When the former Commissioner for ACT Revenue was being bullied by the ACT Government for having the temerity to insist that ‘white’ public servants hold themselves accountable to the same standards of the ‘rule of law’ to which they insist on holding ‘black’ public servants, one of his supporters, Mr Philip Hart, posted the following exchange on his website Mullinitover.info. Both of the individuals who took part in this exchange were named by Mr Hart on Mullinitover.info. In keeping with my policy on Blak and Black of not ‘outing’ individuals, only institutions, I have substituted the individuals named by Mr Hart with ACTDPP to designate the prosecutor and ACTRO to designate the ACT Government employee who was the other party to this conversation.

ACTDPP to ACTRO:

“You don’t have to worry about your little boong mate Marky suing you for fitting him up. When I’m finished with him he’ll be in the gutter where he belongs with all his other boong mates. You will be able to piss on him as you step over him on your way to work”

When I questioned Mr Hart at the time about where he got the information regarding this exchange, he advised me that he had been contacted by Mr Glen Gaskill, a former Executive Director in ACT Treasury, who had overheard the exchange and was concerned enough about it’s content to pass the information on.

While I’m not in a position to verify the veracity of this exchange, I have no reason to doubt Mr Hart’s sincerity and integrity in posting this exchange on his website. Next time you read the histrionics that passes for journalism at The Canberra Times about Aboriginal crime in Australia’s capital, you might want to take a minute and reflect on the above exchange.

The reason this exchange is worth highlighting here is that it sums up in a few words the ‘white’ legal systems concept of justice: “You can only have as much justice as you can afford”.

While the Goddess Justice might be blind, her minions aren’t. If the level of justice you are entitled to receive is based on the colour of your skin, can the outcome be called just? The answer is obviously no, unless you happen to be a member of the Klu Klux Klan or a xenophobic, jingoistic Aussie who bashes ‘lebs’ and ‘wogs’ at Cronulla to the beat of Aussie, Aussie, Aussie, Oi, Oi, Oi. Sorry, I should add to this list, members of Australia’s ‘justice’ system.

Last night on QandA I noted that Australia’s Prime Minister in waiting, Mr Bill Shorten, mentioned Australia and the ‘rule of law’ in the one sentence. Now, there’s two mutually exclusive terms, I thought to myself.

Just for the record Mr Shorten, in his book The Morality of Law, American legal scholar Lon Fuller identified eight elements of law which have been recognized as necessary for a society aspiring to institute the rule of law. Fuller stated the following:

1.    Laws must exist and those laws should be obeyed by all, including government officials.

2.    Laws must be published.

3.    Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. For example, the court cannot convict a person of a crime committed before a criminal statute prohibiting the conduct was passed.

4.    Laws should be written with reasonable clarity to avoid unfair enforcement.

5.    Law must avoid contradictions.

6.    Law must not command the impossible.

7.    Law must stay constant through time to allow the formalization of rules; however, law also must allow for timely revision when the underlying social and political circumstances have changed.

8.    Official action should be consistent with the declared rule.

It would appear that Australia falls at the first hurdle. There are many, many Indigenous Australians who are waiting for Australia’s government officials to fairly and transparently hold themselves accountable to the ‘rule of law’.

11 Comments

  1. What went on here has always disgusted me. If you’re an Aboriginal Australian in the ACT, as elsewhere in Australia the law offers you no protection if you become the victim of a white hate crime. Australia is worse than the South of the US prior to the civil rights movement of the 1960s.

  2. Paulo Flores like you I’m also deeply disturbed about what has gone one in the ACT regarding this matter. Not only is it an absolute betrayal of the trust we put in our elected officials and public servants it cuts to the very core of what it is to be an indigenous Australian in contemporary Australian society. As you said, the law in Australia offers no protection to Aboriginal victims of white hate crimes committed against them.

  3. I’ve been following your posts about ‘Pat’ and ACT Treasury with interest. What I find disturbing is that David Butt was treated so differently from the way ‘Pat” was. What is more disturbing is that David Butt is white and ‘Pat’ Wiradjuri. I don’t know how the ACT Government can possibly call this justice. Obviously there really is whaite and black justice in the ACT.

  4. Susan Rendall I’ve also followed the posts on Blak and Black about Pat and the role EY played in the racist attacks on him and his family. I’m ashamed to call myself an Australian. How can the AFP claime to represent all Australian’s fairly when they refuse to take complaints from ATSI Australians. Time for the AFP to be disbanded.

  5. And the world still thinks that Australia is a democracy!

  6. The problem with this is that, as happened to Pat, the government can give you the run around, make you spend all your resources and then refuse justice if they feel like it. In Pat’s case they did it to protect a racist in ACT Treasury. I have a friend in ACT Treasury who tells me that there is a least one undelt with PID relating to a Venita for telling lies in the grievance process that was really behind Pat’s dismissal. ACT Treasury just did not want an Aborigine in a senior position in it’s ranks. Interesting to compare how Pat the Wiradjuri was treated when compared to David Butt the whitie!!!!!

  7. Felicity Keen what happened to Pat happenes to almost every Aborigine who rises to a position of power and then attempts to hold whitie accountable to his own laws. Really there is no room for Aborigines in the Halls of Power, especially Aborigines who insist on whitie following his own ‘rule of law’.

  8. I take it from reading other comments on this post that Pat was the subject of that public service wank called a grievance and the whities at ACT Treasury threw the book at him because he is Wiradjuri, while a whitle, David Butt also had grievance against him and ACT treasury did nothing – this is called racism! What is worse I understand that not only are there allegations that that Venita woman lied, but the person who instigated the whole process, the one referred to as the inquisitor was allowed by Louise Fitzgerald to lodge a grievance eventhough he had contracted out of the grievance provisions under the terms of his AWA – the only word to describe this is RACISM!

  9. Sally Glass if what you say is true, this really is an unbelievable case of racism that involves the ACT Government at the highest levels, the AFP at the highest levels and the DPP at the highest levels. All for what? Seemingly to protect a racist. this is RACISM.

  10. There is no justice in the Australian legal system if you’re an Aboriginal Australian.

  11. Its actually you get n o justice in Australia if your an Aborigine.

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