20181122-G. H. Schorel-Hlavka O.W.B. To Graham Ashton AM Chief Commissioner Victorian Police-RED SHIRT Issue Investigation-etc-Suppl 6

Page 1
1
2
3 Graham Ashton AM Chief Commissioner Victorian Police 22-11-2018
4 Tower 1 637 Flinders Street Docklands Victoria 3008
5 psc-policeconductunitcomplaintsandcompliments@police.vic.gov.au
6
7 Ref: 20181122-G. H. Schorel-Hlavka O.W.B. to Graham Ashton AM Chief Commissioner Victorian
8 Police -RED SHIRT issue investigation-etc-Supplement 6
9
10 Sir,
11 It appears to me you simply do not grasp how serious fraud and deception in electoral
12 matters (both state and federal) is and for this I will attempt to explain matter.
13 .
14 I have since 1982 conducted a special lifeline service under the motto MAY JUSTICE
15 ALWAYS PREVAIL® and have been dealing with people contemplating suicide, murder even
16 mass murder. It is because of this that I have a considerable understanding what can go wrong.
17 Indeed, on 16 July 2016 then specifically warned all state and federal Members of Parliament
18 about Bourke Street Mall and repeated this in December 2016 but politicians ignored it and then
19 when the Bourke Street massacre occurred on 20 January 2017 politicians were falling over each
20 other about security and photo opportunities the hypocrites. My correspondence of this is now
21 before the coroner.
22
A Review of The History of Jihad. By Robert Spencer.
by Bill Muehlenberg
23 Bombardier Books, 2018.
24 QUOTE
25 Robert Spencer is a leading authority on Islam and the challenges and risks it poses to the free West - and the
26 rest of the world. He has written numerous important volumes on Islam, creeping sharia, and Muslim
27 terrorism. In his newest book he offers us a panoramic view of 14 centuries of Islamic bloodshed and killing.
28 As he says in the introduction to his book:
29 There is no period since the beginning of Islam that was characterized by large-scale peaceful coexistence
30 between Muslims and non-Muslims. There was no time when mainstream and dominant Islamic authorities
31 taught the equality of non-Muslims with Muslims, or the obsolescence of jihad warfare. There was no Era of
32 Good Feeling, no Golden Age of Tolerance, no Paradise of Proto-Multiculturalism. There has always been,
33 with virtually no interruption, jihad.
34 END QUOTE
35 Bill Muehlenberg | Nov 21, 2018 at 12:56 pm | URL: https://wp.me/p1Azrr-7ra
22-11-2018 Page 1 © Mr G. H. Schorel-Hlavka O.W.B.

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Page 2
1 While the teaching of Islam itself is outdated as society has moved on from this kind of brutal
2 killings, at least most in the Western world, we can still see that many persons following Islam
3 are indoctrinated that with committing violence regardless of the rights of others but yet they do
4 not all together reject the Western world benefits as they are eager to exploit it when it comes to
5 their (perceived) rights.
6
7 It should be understood that Muslims have resided in the Commonwealth of Australia well
8 before Federation and had for example Mosque in South Australia. Those Muslims were to my
9 understanding in general peace loving Muslims.
10 The issue is not being a Muslim but rather the teaching of Islam what I view is the problem.
11 Christians too had their kind of violence in their Bible, but generally this is deemed abhorrent
12 and not pursued as to be biblical teaching to now apply. However Muslims are often confronted
13 with the teaching of Islam that violence is part of their religion.
14 With the recent Bourke Street killing care taking Premier Mr Daniel Andrews had to take the
15 opportunity to sit next to you rather then to leave it to the police.
16
17
18
19 QUOTE Email 21-11-2018
20 FW: this man is mad
21 People
22  John Abbott <johnabbott9@bigpond.com>
23  Today at 10:03 (21-11-2021)
24 To
25  'Laurel Brown'
26  'Bernard Gaynor'
27  'Mr Gerrit H. Schorel-Hlavka O.W.B.'
28 Photos
29  46451699_2201020326848190_4724985928550973440_n.jpg
30 Message body
31 When this kind of thing happens you know the end of a Nation and its way of life is near.
32 Considering how polar Christianity and Islam are to each other, they can never be
33 bedfellows – one must give way to the other.
34 John Abbott

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1
2 END QUOTE Email 21-11-2018
3
4 The Sir Edmund Barton (first Prime minister) one of the Framers of the Constitution stated:
5
6 Sir Edmund Barton's ideas on Immigrants and being an Australian in 1907.
7 "In the first place, we should insist that if the immigrant who comes here in good
8 faith becomes an Australian and assimilates himself to us, he shall be treated on an
9 exact equality with everyone else, for it is an outrage to discriminate against any such
10 man because of creed, or birthplace, or origin. But this is predicated upon the
11 person's becoming in every facet an Australian, and nothing but an Australian. There
12 can be no divided allegiance here. Any man who says he is an Australian, but
13 something else also, isn't an Australian at all. We have room for but one flag, the
14 Australian flag. We have room for but one language here, and that is the English
15 language... and we have room for but one sole loyalty and that is a loyalty to the
16 Australian people."
17 Edmund Barton, 1907
18 As the Framers of the Constitution made clear:
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1
2 Hansard 7-3-1898 Constitution Convention Debates
3 QUOTE
4 Sir EDWARD BRADDON (Tasmania).-I have an amendment to move on behalf of Tasmania, and also an
5 amendment of my own. The clause we have before us says that a state shall not make any law prohibiting the
6 free exercise of any religion. It is quite possible that this might make lawfull practices which would
7 otherwise be strictly prohibited. Take, for instance, the Hindoos. One of their religious rites is the
8 "suttee," and another is the "churruck,"-one meaning simply murder, and the other barbarous
9 cruelty, to the devotees who offer themselves for the sacrifice.
10 Dr. COCKBURN.-The Thugs are a religious sect.
11 Sir EDWARD BRADDON.-Yes. If this is to be the law, these people will be able to practise the rites
12 of their religion, and the amendment I have to suggest is the insertion of some such words as these:-
13 But shall prevent the performance of any such religious rites, as are of a cruel or demoralizing
14 character or contrary to the law of the Commonwealth.
15 END QUOTE
16
18 QUOTE
19 Sir JOHN FORREST.-What is a citizen? A British subject?
20 Mr. WISE.-I presume so.
21 Sir JOHN FORREST.-They could not take away the rights of British subjects.
22 Mr. WISE.-I do not think so. I beg to move- That the words "each state" be omitted, with the view of
23 inserting the words "the Commonwealth."
24 I apprehend the Commonwealth must have complete power to grant or refuse citizenship to any citizen
25 within its borders. I think my answer to Sir John Forrest was given a little too hastily when I said that every
26 citizen of the British Empire must be a citizen of the Commonwealth. The Commonwealth will have power
27 to determine who is a citizen. I do not think Dr. Quick's amendment is necessary. If we do not put in a
28 definition of citizenship every state will have inherent power to decide who is a citizen. That was the
29 decision of the Privy Council in Ah Toy's case.
30 Sir JOHN FORREST.-He was an alien.
31 Mr. WISE.-The Privy Council decided that the Executive of any colony had an inherent right to
32 determine who should have the rights of citizenship within its borders.
33 Mr. KINGSTON.-That it had the right of keeping him out.
34 END QUOTE
35 .
37 QUOTE
38 Mr. BARTON.-No, but the definition of "citizen" as a natural-born or naturalized subject of the Queen is
39 co-extensive with the ordinary definition of a subject or citizen in America. The moment be is under any
40 disability imposed by the Parliament be loses his rights.
41 Dr. QUICK.-That refers to special races.
42 END QUOTE
43
44 It should be clear that contrary to what is claimed about Mr Daniel Andrews that society has to
45 adopt the conduct of Muslims, reality is that Section 51(xxvi) was specifically created in the
46 Commonwealth of Australia Constitution Act 1900 (UK) to discriminate against inferior
47 coloured races!
48
49 HANSARD 9-9-1897 Constitution Convention Debates (Official Record of the Debates of
50 the National Australasian Convention)
51 QUOTE The Hon. J. H. CARRUTHERS:
52 I will take the three great purposes under clause 52 of this bill for which the
53 commonwealth is to be established-for taxation, for defence, and, what is to my mind
54 one of the greatest of all purposes, the regulation of the inflow of population so as to
55 secure a white Australia.
56 END QUOTE
57

Page 5
1 What seems to be ignored is that persons of different cultures cannot cohabitate in certain
2 circumstances.
3
4 When I was an INDEPENDENT candidate in the 1999 Victorian state election I then made a
5 statutory declaration that I would pursue a Minister for Decentralization. This as I held this was
6 lacking. I faxed that Saturday morning the Statutory Declaration to then Premier Jeff Kennett.
7 The next day Mr Jeff Kennett gave a speech in the Dallas Brooks Hall and then raised the issue
8 for a Minister for Decentralization, where the media raised that he had not at all stated this in his
9 pre-released media statement nor discussed with any fellow party members.
10
11 Why is this relevant? This is because when you dump people in cities who cannot find work
12 there because they came from farms, etc, then migration becomes a failure big time. You need to
13 place people in suitable areas and this also then reduce the crime wave. After all people not
14 placed in a suitable area are bored and may then resort to all kinds of conduct which may include
15 crime.
16
17 This correspondence isn’t just about Muslims but merely an introduction to the Red shirt issue
18 and other related matters.
19
20 The recent knife wielding killer had a history of criminal conduct and yet somehow the courts
21 are eager to grant bail. A person born overseas and finding how soft the courts are then loses
22 respect for law and order. As this knife wielding person appeared to me to have done killing an
23 innocent person. His record of failing to appear in court nevertheless showed no action against
24 him. And this is why a person may up his criminal conduct unabated because there is no real
25 disincentive not to do so.
26
27 But the escalation of criminal conduct must not be deemed to be merely against Muslims as long
28 before the Commonwealth of Australia unconstitutionally invaded Iraq I understood that others
29 not at all following the Islamic faith were also contemplating mass murder in Bourke Street Mall
30 and other places. Again, while Jeff Kennett was still premier I contacted his office urging metal
31 detectors in the courts because of my understanding what could eventuate is none were there. Mr
32 Jeff Kennett not long thereafter had metal detectors installed in the courts.
33
34 A major problem is also the legislation that police, health care and other persons must report
35 matters. This means that a person contemplating a major crime such as mass murder really has
36 no one to go to unless it is a person like myself who is willing to listen and seek to assist the
37 person to overcome such desire.
38
39 My personal view is that no one has the right to kill another human being but there are
40 exceptions to the rule, albeit limited, such as where there was a small child raped and ended up
41 pregnant than medical advice might be that there should be an abortion. Likewise if there is a
42 motor vehicle accident and a pregnant woman is involved then doctors may have to consider if
43 they can save either live, if not both, and so which has the best chance of survival.
44 .
45 The problem is that we allow people including children to play games that are very realistic to
46 kill people and then they can become immune to reality. Hence, when some terrorist
47 organization offers them to join they may see this as an extension to the game and only when
48 they kill real people they might then albeit too late realize it is no longer a game.
49
50 We had recently youth (juvenile) detention centres destroys at huge cost to the taxpayers and yet
51 they seemed to me then to be rewarded with all kinds of treats. Madness in dealing with
Page 6
1 criminals. This is why when they are released they likely will go back to crime because they
2 really had no consequences for their past crime spree. The Russian Dolphin Prison is a clear
3 example how you deal with hardcore criminals. Claiming a person is a child who commits
4 rape/murder is absurd. One a child has committed 2 serious crimes then the 3rd time he (includes
5 she) should be dealt with as an adult.
6 As with the knife wielding killer when the authorities are soft on enforcing the rule of law then
7 well it get worse over time and we have seen the consequences.
8
9 The States are created within Section 106 of the Federal Constitution “subject to this
10 constitution” but reality is that the States often ignores this. I am not intending to set it all out in
11 this correspondence as to do so would be to write another book in itself.
12
13 We have in the current Victorian 2018 State election Premier Daniel Andrews referring to
14 “Andrews Government” or “Labor Government” whereas constitutionally that is there should be
15 a reference to “Governor Dessau Government”. So you hear care taking Premier Mr Daniel
16 Andres stating that “my government” where in reality he is no more but a constitutional advisor
17 (a body of constitutional advisers) to the Governor and act on behalf of the Governor, as do Minister
18 in the Federation for the Governor-General.
19
20 HANSARD 4-3-1891 Constitution Convention Debates
21 QUOTE Sir HENRY PARKES:
22 The resolutions conclude:
23 An executive, consisting of a governor-general, and such persons as may from time to time be
24 appointed as his advisers, such persons sitting in Parliament, and whose term of office shall depend
25 upon their possessing the confidence of the house of representatives expressed by the support of the
26 majority.
27 What is meant by that is simply to call into existence a ministry to conduct the affairs of the new nation as
28 similar as it can be to the ministry of England-a body of constitutional advisers who shall stand as nearly as
29 possible in the same relation to the representative of the Crown here [start page 27] a her Majesty's imperial
30 advisers stand is relation to the Crown directly. These, then, are the principles which my resolutions seek to
31 lay down as a foundation, as I have already stated, for the new super structure, my object being to invite other
32 gentlemen to work upon this foundation so as to best advance the ends we have in view.
33 END QUOTE
34
36 QUOTE Mr. OCONNOR.-
37 We must remember that in any legislation of the Commonwealth we are dealing with the Constitution. Our
38 own Parliaments do as they think fit almost within any limits. In this case the Constitution will be above
39 Parliament, and Parliament will have to conform to it.
40 END QUOTE
41
42 And as a CONSTITUTIONALIST I consider it absurd for anyone to claim electors are voting
43 for a Government, this is because electors cannot vote for a government. They can only vote for
44 a representative into the parliament who shall be a legislator.
45 When the Parliament is prorogued then we do not have any Members of Parliament siting and in
46 the State of Victoria all seats are declared vacant, yet we have still that those who were
47 previously Members of parliament continue to travel around and use mobiles, etc, as if they are
48 still Members of Parliament at cost of taxpayers. Every Member of Parliament become
49 unemployed, other than those who have private employment, when writs are issued. Hence they
50 should not use parliamentarian offices and facilities as if they are still Members of Parliament.
51 Any person who hold an office such as being a care taking Minister can only use Parliament for
52 matters directly associated with such ministerial duties and obligations but cannot use them for
53 political purposes.
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1 In fact despite any purported legislation no Member of parliament while a sitting member of
2 parliament can use this position to financial gain such as sending out political matters at cost of
3 taxpayers as this would violate ss44 of the federal constitution to which the States are also
4 subjected to this legal principle (remember - “subject to this constitution”)
5 This means any Member of Parliament which is on a salary (other than Ministers of the Crown,
6 the speaker and the President) are in violation of s44. It means that any superannuation scheme
7 would also be in violation of s44 legal principle.
8
9 But who cares other then perhaps myself as certainly politicians are not going to stop this rot and
10 the Victorian Police obviously doesn’t either.
11
13 QUOTE
14 Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power?
15
16 Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a
17 state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry.
18 As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole
19 constituency behind the Federal Parliament will be a sentry.
20 END QUOTE
21
22 Well I do and I view so should every law enforcement authority also.
23
24 And below I will outline why the lack of legal accountability has escalated to the Red Shirt
25 issue and further.
26
27 In the USA much is made out about the alleged Russian interference but in Victoria we have the
28 federal interference where as I view it Jenny Macklin federal member for Jagajaga (and I
29 suspect other federal politicvians may have likely done the same) is using taxpayer’s monies for
30 a Victorian state election. And one has to ask was this merely a Macklin-Gate issue or have other
31 ALP federal Members of Parliament likewise used taxpayer’s monies to interfere in the
32 Victorian State election?
33
34 http://ag.ca.gov/ethics/accessible/misuse.php
35 QUOTE
36 Ethics Orientation for State Officials

37 Misuse of Public Funds
38 Public Funds may not be Used for Personal Purposes
39 END QUOTE
40
41 This legal principle applies to Australian politicians as much as to others.
42 .
43 As shown below Victorian elections as to my personal experiences is soon or later to end up in
44 death of one or more persons. Carl Ziebel the Liberal candidate in the 2010 Ivanhoe election
45 found this out when reportedly his home stored trailer with advertising as a candidate was put on
46 fire that might have spread to his residence and could have killed not just him but also his
47 family.
48 My message is to Graham Ashton Chief Commissioner of Police if this ongoing election WAR,
49 as that is really what the ALP to my understanding is doing, as like the decades ago waterside
50 workers killings, etc, then you will possibly have BLOOD ON YOUR HANDS for having
51 failed to take appropriate action within time to avoid further escalation.
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1 .
2 There has been an escalation of violence involving the ALP as known to me and this was not just
3 in regard of Ivanhoe 2010 Victorian state election but also in other by-elections, etc. Indeed,
4 when I was campaign in in the 2011 by-election in Broadmeadows then to on my posters and
5 banners were removed/destroyed. Was it the ALP one could ask. Well I had after midnight on
6 the morning of the by-election being held put up a poster at the entrance of the polling station
7 and hours later an ALP poster was on that place and I asked the election officer in charge to look
8 at it and notice that behind the ALP poster parts of my poster were still stuck on the wire fence.
9 Numerous reports to the Victorian electoral Commission went without any real action, to the
10 contrary it was also involved in deceptive conduct. My complaints to the VEC has ample of
11 details and so no need to list it all below safe to say that it appeared to me the interference was
12 not just coincidental. After all for any election official to fill in ballot papers and deposit them
13 into the boxes when I refused to accept the ballot paper may underline there is a lot more to it.
14
15 Before going further into what I view is the Anthony Carbine gate or ALP gate let’s consider
16 what the then Victorian ALP leader of the opposition in 2014 Mr Daniel Andrews stated.
17 In my view we had Mr Daniel Andrews deceiving electors claiming in 2014 that the cancellation
18 of the East West Link wouldn’t cost anything as the contracts were not worth the paper it was
19 written upon, but afterwards taxpayers ended up paying about $1.2 billion. In my view this was
20 deceptive and misleading. If a used car salesman or other vendor does this kind of deception then
21 there are legal consequences but it seems no one held him accountable for it. Moreover, he then
22 went on to spend about $1 million of litigation not at all government related but to
23 UNSUCCESSFULLY oppose a Victorian Ombudsman investigation regard the Red Shirt issue.
24 To me this is fraud and those involved should be held legally accountable for this also.
25
26 I understand that Jenny Macklin is not going to stand for re-election for federal parliament and
27 so under what authority can she claim as she does in the pamphlet? Is this not using federal
28 public monies to deceive/mislead Victorian voters?
29 Constitutionally only the Section 101 Inter-State Commission can provide funding for trade and
30 commerce (including roads for this) with a non-political purpose. As such it is not for the federal
31 government to give away $300 million. Indeed, any funding to be used must be authorized by the
32 Federal Parliament!
33 As I have been conducting since 1982 a special lifeline service dealing with people
34 contemplating not just suicide but also murder and even mass murder I view that the same kind
35 of escalation I witnessed by those people is born out in the criminal activities in Victorian
36 elections at the very least.
37 When we have inaction of both the Victorian Electoral Commission, even have some of them
38 participating in the rot, and the Victorian Police using DOUBLE STANDARDS (As I referred
39 in my previous writings to you) then this beyond doubt will cause further escalation. We see it
40 with youth gangs where the punishment is to get treats for good behavior rather real punishment
41 and the same with candidates who use criminal activities to succeed at all cost that soon or later
42 the dead bodies might be piling up along the way side.
43 No matter how horrific the gas tank knife wielding killer was in Bourke Street it is nowhere near
44 the gas tanker usage I warned more than 2 decades ago (nothing to do with Muslims) about could
45 one day eventuate killing perhaps hundreds if not thousands of people! But in the meantime you
46 take your time, and time, and time…. And well apply DOUBLE STANDARDS!
47 Jenny Macklin election material I received as a pamphlet:
48

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1
2

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1
2
4 QUOTE
5 Mr. ISAACS.-I should hope that the expenditure caused by a bush fire would not be part of an
6 annual service.
7 Mr. MCMILLAN.-Would it not into the Appropriation Bill?
8 Mr. ISAACS.-Yes; but not as an annual service.

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1 Mr. MCMILLAN.-The annual services of the Government are those which we distinguish from
2 special grants and from loan services. The difficulty is that we have got rid of the phraseology to which
3 we are accustomed, and instead of the words Appropriation Bill, we are using the word law.
4 Mr. ISAACS.-A difficulty arises in connexion with the honorable members proposal to place
5 expenditure incurred for bush fires in the ordinary, it would not be annual, and it would not be a
6 service.
7 END QUOTE
8
9 Hence, if even a bush fire is deemed not for annual expenditure then to claim a federal
10 government can fund towards some Melbourne loop is I view utter and total sheer nonsense.
11 Only the Inter-State Commission can make such a decision based upon expert’s advice.
12
13 Likewise the funding of pre-schoolers is an issue that would be requiring federal parliament to
14 legislate. Without the federal parliament legislating for this the federal government cannot
15 provide for this.
16 .
17 It should be understood that the federal government can only operate within the powers provided
18 for by federal legislation and not otherwise.
19
20 QUOTE Sorell v Smith (1925) Lord Dunedin in the House of Lords
21 In an action against a set person in combination, a conspiracy to injure, followed by actual injury, will give
22 good cause for action, and motive or instant where the act itself is not illegal is of the essence of the
23 conspiracy.
24 END QUOTE
25
26 In my view it is misleading and deceptive to have such pamphlets ( in combination of a federal
27 politician(s) and state politician(s) ) delivers to electors as whatever a federal government may or
28 may not do is questionable and up to may be in government at the time.
29 We lack honest and legal accountability in our elections!
30 It should be understood that a Governor of a State or a Governor-General in the federation can
31 commission anyone not being a Member of Parliament to be a Minister, albeit the legal principle
32 is that such commission may only be for a maximum 3 months unless the person in the meantime
33 becomes a Member of Parliament.
34 Also, the notion that the party with the most members having a seat in the parliament is to
35 govern is also deceptive and misleading as electors do not vote for a government. As the
36 governor-General in 1900 proved to do was to commission Mr Edmund Barton to seek to form a
37 government as from1 January 1901 this even so there was no federal Parliament in existence.
38 Actually the Parliament didn’t sit until well after the 3 months had passed and as such then
39 already we had no legitimate caretaking government either.
40
41 We had that Mr Daniel Andrews as Premier declared that all convictions of homosexuals would
42 be vacated, at least that is what I understood from his statement. The Letters Patent for the Office
43 of the Victorian Governor provided (as published in the Victorian Gazette on 2-1-1901) that the
44 Governor can commission an INDEPENDENT administration of justice. As such it is beyond
45 the powers of the State Government to interfere with judicial decisions made over the decades.
46
47 Pervakis v Schorel-Hlavka CCV No AP-12-1704
48
49 This was a court matter where I specifically refused to provide a financial statement regarding
50 the 2010 Ivanhoe election as the transcript reproduced below made clear I didn’t want to make a
51 declaration that later could be held to be false/misleading. It should be understood that another
52 candidate simply neither had provided such financial declaration but never was charged. As such
Page 12
1 it appeared to me that Anthony Carbone was the instigator behind it as after all he then as
2 councilor of Banyule Council had involved the Banyule Council by-law officer that I was
3 littering where the images below shows how I was outside the post office (albeit next to his
4 temporary election office) providing my material. I had made the pictures beforehand on the day
5 because I was already so to say accustomed to the criminal element of the ALP in elections and
6 expected that Anthony Carbine would be a person to try to do the same against me. And it
7 appeared to me I was not wrong in that regard.
8 .
9 Where however is the legal action against Anthony Carbine for failing to declare in the 2014
10 Ivanhoe state election the reported $12.361 he had failed to declare in his financial
11 DECLARATION? Likewise so with other candidates who failed to declare their inappropriate
12 obtained financial benefits in their financial declaration?
13
14 Oh I get it the Victorian Police uses DOUBLE STANDARDS that if you belong to a political
15 party committing perjury, etc, then it must take its time and consult the ODPP (Office of the
16 director of Public Prosecutions) (Which I understand is led by a ALP or former ALP member)
17 but when it comes to an INDEPENDENT candidate refusing to risk to commit perjury then this
18 is a very serious matter which doesn’t require to consult the ODPP.
19 .
21 QUOTE
22 Sir JOHN DOWNER.-Now it is coming out. The Constitution is made for the people and the states on
23 terms that are just to both.
24 END QUOTE
25
27 QUOTE
28 Dr. COCKBURN: All our experience hitherto has been under the condition of parliamentary
29 sovereignty. Parliament has been the supreme body. But when we embark on federation we throw
30 parliamentary sovereignty overboard. Parliament is no longer supreme. Our parliaments at present
31 are not only legislative, but constituent bodies. They have not only the power of legislation, but the
32 power of amending their constitutions. That must disappear at once on the abolition of parliamentary
33 sovereignty. No parliament under a federation can be a constituent body; it will cease to have the
34 power of changing its constitution at its own will. Again, instead of parliament being supreme, the
35 parliaments of a federation are coordinate bodies-the main power is split up, instead of being vested in
36 one body. More than all that, there is this difference: When parliamentary sovereignty is dispensed
37 with, instead of there being a high court of parliament, you bring into existence a powerful judiciary
38 which towers above all powers, legislative and executive, and which is the sole arbiter and interpreter
39 of the constitution.
40 END QUOTE
41
43 QUOTE
44 Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
45 END QUOTE
46
48 QUOTE Mr. THYNNE:
49 The constitution of this federation will not be charged with the duty of resisting privileged classes, for
50 the whole power will be vested in the people themselves. They are the complete legislative power of the
51 whole of these colonies, and they shall be so. From [start page 106] them will rise, first of all, the federal
52 constitution which we are proposing to establish, and in the next place will come the legislative powers of the
53 several colonies. The people will be the authority above and beyond the separate legislatures, and the
54 royal prerogative exercised, in their interest and for their benefit, by the advice of their ministers will be
55 practically vested in them. They will exercise the sovereignty of the states, they will be charged with the
56 full power and dignity of the state, and it is from them that we must seek the giving to each of those bodies

Page 13
1 that will be in existence concurrently the necessary powers for their proper management and existence. Each
2 assembly, each legislature, whether state or federal existing under this constitution, will be as Dicey
3 again says-a merely subordinate law-making body whose laws will be valid, whilst within the authority
4 conferred upon it by the constitution, but invalid and unconstitutional if they go beyond the limits of
5 such authority.
6 END QUOTE
7
8 It therefore must be clear that the purported Victorian Constitution 1975 is not a valid
9 constitution because it is a legislative item by the Victorian Government and not at all a contract
10 between the State and its citizens. It is a unilateral constitution without the consent of the
11 Victorian electors. No state constitution can be amended without the consent of electors in a state
12 referendum. This includes any reference of legislative powers by a state to the commonwealth,
13 this also because of any reference of powers essentially is giving away to the federation State
14 Supreme Court judicial powers also. Due to the separation of powers also within the states the
15 State Parliament cannot unilaterally legislate to hand over legislative and associated judicial
16 powers to the Commonwealth.
17
18 Koon Wing Lau v Calwell [1949] HCA 65; (1949) 80 CLR 533 (21 December 1949 )
19 QUOTE
20 32. If the action set out in s. 4 of the 1949 Act and in s. 4 (4) of the principal Act as
21 amended is taken, then any permission to remain in Australia, whether express or implied
22 from inaction, is withdrawn. The continuance of any such permission is entirely a matter
23 for Parliament to determine. Entry into Australia and settlement there cannot limit the
24 power of Parliament, by prospective or retrospective laws, to determine what immigrants
25 shall be allowed to become or to remain members of the Australian community. Even if
26 one Parliament expressly enacted that certain immigrants should be allowed to remain in
27 Australia permanently, a subsequent Parliament could, if it thought fit, repeal that law,
28 withdrawing the permission to remain and providing for deportation. One Parliament
29 cannot, in my opinion, limit the constitutional power of a subsequent Parliament. (at
30 p562)
31 END QUOTE
32
33 This also means the British Parliament with its purported Australia Act 1986 (UK) had no
34 legitimate basis as it was seeking to undermine the legal principles embedded in the
35 Commonwealth of Australia Constitution Act 1900
36
37 Hence, without the expressed consent via a State referendum for the State Parliament to reduce
38 the state legislative/judicial boundaries any conduct by the state legislators in violation of S123
39 of the Commonwealth of Australia Constitution Act 1900 (UK) is ULTRA VIRES Ab Initio!
40 .
41 Hansard 1-2-1898 Constitution Convention Debates (Official Record of the Debates of the National
42 Australasian Convention),
43 QUOTE Mr. OCONNER (New South Wales).-
44 Because, as has been said before, it is [start page 357] necessary not only that the administration of
45 justice should be pure and above suspicion, but that it should be beyond the possibility of suspicion;
46 END QUOTE
47 .
48
49 Hansard 31-1-1898 Constitution Convention Debates (Official Record of the Debates of the National
50 Australasian Convention)
51 QUOTE Mr. SOLOMON.-
52 We shall not only look to the Federal Judiciary for the protection of our interests, but also for the just
53 interpretation of the Constitution:
54 END QUOTE

Page 14
1
2 HANSARD 12-4-1897 Constitution Convention Debates (Official Record of the Debates of the National
4 QUOTE Mr. BARTON:
5 It is provided that instead of, as before, the Parliament having power to constitute a judiciary, there
6 shall be a Supreme Court, to be called the High Court of Australia, as a part of the Constitution-that I
7 believe to be an improvement-and other courts which the Parliament may from time to time create or
8 invest with federal jurisdiction.
9 END QUOTE
10
11 We had the nonsense of the Sue v Hill judgment where there was some kind of declaration that
12 the Commonwealth of Australia was independent.
13
14 Holmes v Angwin, (1906) 4 (Pt 1) CLR 297 at 309. Barton J said;
15
16 "The character of the jurisdiction which has been exercised by Parliaments as to election
17 petitions is purely incidental to the legislative power; it has nothing to do with the ordinary
18 determination of the rights of parties who are litigants."
19
20 The purported Queen of Australia was in direct violation to the legal principles embedded in the
21 constitution.
22 .
24 QUOTE Mr. BARTON.
25 If we are going to give the Federal Parliament power to legislate as it pleases with regard to
26 Commonwealth citizenship, not having defined it, we may be enabling the Parliament to pass
27 legislation that would really defeat all the principles inserted elsewhere in the Constitution, and, in fact,
28 to play ducks and drakes with it. That is not what is meant by the term "Trust the Federal
29 Parliament."
30 END QUOTE
31
32 Hansard 6-4-1897 Constitution convention Debates (Official Record of the Debates of the National
34 QUOTE Mr. DEAKIN:
35 In the first instance, the power of the Crown itself is nowhere defined, and cannot be defined under this
36 constitution.
37 END QUOTE
38
40 QUOTE
41 Mr. SYMON ( South Australia ).-
42 In the preamble honorable members will find that what we desire to do is to unite in one indissoluble Federal
43 Commonwealth -that is the political Union-"under the Crown of the United Kingdom of Great Britain
44 and Ireland , and under the Constitution hereby established." Honorable members will therefore see that the
45 application of the word Commonwealth is to the political Union which is sought to be established. It is not
46 intended there to have any relation whatever to the name of the country or nation which we are going to
47 create under that Union . The second part of the preamble goes on to say that it is expedient to make
48 provision for the admission of other colonies into the Commonwealth. That is, for admission into this
49 political Union, which is not a republic, which is not to be called a dominion, kingdom, or empire, but is
50 to be a Union by the name of "Commonwealth," and I do not propose to interfere with that in the
51 slightest degree.
52 END QUOTE
53
54 Clearly, we have what appears to be a political charged administration of justice which will defy
55 the true meaning and application of the constitution.
56 .

Page 15
1 In 2001 I refused to vote in the federal election upon constitutional grounds that there is a
2 political liberty. It doesn’t mean I never voted in an election but that I only do so if I consider
3 there is a worthy political candidate in the electorate to vote for.
4 .
5 This means that it proved that I was correct upon my constitutional arguments, not challenged by
6 the Commonwealth or for that by any of the state Attorney Generals (Indeed the Victorian
7 Attorney General made known to abide by the court decision) that compulsory voting was
8 unconstitutional. That the purported Australian Citizenship Act 1948 was unconstitutional. That
9 the invasion into Iraq was unconstitutional. And as the decision of the court showed “No
10 evidence led by the Commonwealth D.P.O.” it clearly showed that contrary to the
11 Commonwealth electoral act 1908 that averment can be relied upon by the Commonwealth this
12 was held not to be applicable. I had this challenged successfully in the Magistrates Court of
13 Victoria at Heidelberg in August 2005 where the court ordered the commonwealth to file all and
14 any details/documents it sought to rely upon. The barrister then argued that this could involve
15 truckloads of documentation and the Magistrate made clear that this was a matter between the
16 commonwealth and the defendants to sort out. The Commonwealth failed to file and serve the
17 documents ordered to do so.
18
19
20
21 It should be noted that on 4 December 2002 the Magistrates Court of Victoria at Heidelberg BY
22 CONSENT ordered that my Section678B NOTICE OF CONSTITUTIONAL MATTERS be
23 heard and determined by the High Court of Australia. I may add that the High Court of Australia
24 refused to accept my Applications for filing ever since. This perhaps because my applications
25 dated 18 February 2003, 19 February 2003, 18 March 2003 and 19 march 2003 also was a
26 Section 75(v) application regarding the Federal government having no constitutional powers to
Page 16
1 authorize the invasion of any country (such as Iraq) without a DECLARATION OF WAR
2 published by the Governor-General in the Gazette naming the particular country/countries.
3 In it I also placed before the court that the purported Australian Citizenship Act 1948 is
4 UNCONSTITUTIONAL and so ULTRA VIRES. In law one you made a legal claim then unless
5 and until it is ruled INTRA VIRES it remains ULTRA VIRES Ab Initio. Hence on constitutional
6 basis it is and remains to be ULTRA VIRES.
7
10 QUOTE Mr. BARTON (New South Wales).-
11 Then, again, there is the prerogative right to declare war and peace, an adjunct of which it is that the
12 Queen herself, or her representative, where Her Majesty is not present, holds that prerogative. No one
13 would ever dream of saying that the Queen would declare war or peace without the advice of a responsible
14 Minister.
15 END QUOTE
16
19 QUOTE
20 Mr. DEAKIN: We can make an exception in favour of imperial interests. We have no desire to interfere
21 with the imperial prerogative in matters of war and peace!
22 END QUOTE
23 .
26 QUOTE
27 Sir SAMUEL GRIFFITH: At all events, I would ask hon. members to pause before they determine upon
28 asking the Queen to surrender all her prerogatives in Australia. For my part, I believe that all the
29 prerogatives of the Crown exist in the governor-general as far as they relate to Australia. I never
30 entertained any doubt upon the subject at all-that is so far as they can be exercised in the commonwealth.
31 END QUOTE
32
33 In my view the politicians and others involved in the mass murder, treason, crimes against
34 humanity, etc, should be held legally accountable but it appears to me that the law enforcement
35 authorities are simply ignoring to do so.
36
37 It is because of this that contrary to the claim by John Howard that the world will be a safer place
38 (to invade Iraq) we have now experienced the so to say self-inflicted dead and destruction of
39 which the knife wielding killer is one example how this can cause death and destruction.
40 .
41 You do not combat terrorism with avalanche of legislative powers curtailing the freedoms of
42 ordinary citizens. I have that despite purchasing numerous simcards the system simply is not
43 coping with it. Worse activating of simcards is problematic because of the outsourcing of
44 services to overseas companies where they misunderstand spelling of a name and so do not
45 activate a simcard. This is not for one iota addressing the real terrorism issue but rather is adding
46 to a kind of government sponsored terrorism upon innocent citizens.
47 .
48
49 Why had the Australian Federal Police neither State police forces bothered to take action against
50 those who unconstitutionally invaded Iraq?
51
53 QUOTE Sir JOHN DOWNER.-
54 I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond
55 the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say
Page 17
1 that there shall be embedded in the Constitution the righteous principle that the Ministers of the
2 Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as
3 any private person would be.
4 END QUOTE
5
6 Why on earth no police force has prosecuted any person involved in the unconstitutional
7 invasion into Iraq is beyond me other than there are DOUBLE STANDARDS for politicians of
8 a political party and others.
9
10 While I personally oppose the killing of another human being I can UNDERSTANDA that
11 others may have different views about this. And when a Government itself becomes the
12 terrorist/aggressor then well more than likely they are hiding behind a police force and leave
13 innocent citizens to cop the revenge.
14
15 We have police being used as political tools for purposes that I view no CHIEF
16 COMMISSIONER could accept.
17 .
18 The Commonwealth was created on a separation of legislative powers where the Commonwealth
19 had its prescribed area of legislative powers and the States the balance. It was made clear that
20 once the Commonwealth commenced to legislate within its domain of legislative powers the the
21 States no longer could do so.
22 .
24 QUOTE
25 Mr. BARTON.-I was going to explain when I was interrupted that the moment the Commonwealth
26 legislates on this subject the power will become exclusive.
27 END QUOTE
28
30 QUOTE
31 Mr. BARTON (New South Wales).-If this is left as an exclusive power the laws of the states will
32 nevertheless remain in force under clause 100.
33 Mr. TRENWITH.-Would the states still proceed to make laws?

34 Mr. BARTON.-Not after this power of legislation comes into force. Their existing laws will, however,
35 remain. If this is exclusive they can make no new laws, but the necessity of making these new laws will be
36 all the more forced on the Commonwealth.
37 END QUOTE
38
40 QUOTE
41 My only desire is to give power to the Federal Parliament to achieve a scheme for old-age pensions if it be
42 practicable, and if the people require it. No power would be taken away from the states. The sub-section
43 would not interfere with the right of any state to act in the meantime until the Federal Parliament took
44 the matter in hand.
45 END QUOTE
46
47 It means that once the commonwealth legislated the states no longer had the concurrent
48 legislative powers.
49 .
50 On 11 November 1910 the Commonwealth commenced to legislate as to land taxation and by
51 this the concurrent legislative powers of the States was at an end and any previous legislation
52 was subject to Section 109 of the constitution as well as that no previous legislation could be
53 amended once the Commonwealth commenced its legislation.
54 .
Page 18
1 Yet, we have municipal/shire councils selling people’s homes for not paying unconstitutional
2 rates and reportedly the police aiding those councils to keep lawful owners of their properties. It
3 make no justification for the police to do so merely because a state parliament legislated for this
4 because it was beyond their legislative powers.
5 .
6 What we have is government sponsored terrorism and the police aiding and abetting in this.
7 .
8 We have the police issuing Infringement Notices even so I legally challenged the validity of the
9 purported Infringement Act and no court so far ruled against me. Hence as the purported
10 legislation is ULTRA VIRES Ab Initio then why is the police enforcing this?
11 .
12 The federal constitution provides the Commonwealth with legislative powers as to Weights and
13 measures and the commonwealth did legislate in this field. It means that the State have no such
14 concurrent legislative powers, yet the police nevertheless use speed detection equipment not at
15 all certified by the Commonwealth and as such the police are part of the problem.
16
17 And you wonder why people who have their lives ruined then want to commit suicide, murder
18 and even mass-murder where to them there is no JUSTICE.
19
20 Let’s go back to the election issues
21

Page 19
1
2

Page 20
1 The following shows part of my campaign material in front of the post office in Southern Road
2 Heidelberg to which then Banyule City councilor as candidate in the 2010 Ivanhoe State election
3 had his temporary office.
4 Some persons who left his office then would come over to me and ask for my How-to-vote
5 material. For sure Andrew Carbine didn’t like this but legally I was within my rights as an
6 INDEPENDENT candidate. So Anthony carbines decided he would use his way.
7
8
9
10
11
12 So a Banyule City Council by law officer came to my residence that he had received a complaint
13 from Councillor Anthony Carbines that I had been littering outside his election office.
14 In my view this was a gross misuse of his position as a councilor and more over there never was
15 any littering either.

Page 21
1
2 While I was lawfully exercising my legal rights in front of the Post office it proved to be
3 different when it comes to political parties.
4 It is a matter of by-law that one should in Banyule City council the front of stores clear by about
5 1 metre. Als do Victorian electoral laws do not permit to have candidates or their supported to
6 stand in the door opening preventing electors clear access to the election polling station.
7 The following 2 pictures indicate to me that when it comes to political parties including ALP
8 candidate Anthony Carbines then the rule of law is no more!
9
10
11
12
13
14
15 The following images are some of my election material on the 2010 Ivanhoe State election;
16

Page 22
1
2
3
4
5 This was some of my election material, well still in good condition as they are computer records.
6 However below is what happened subsequently to councilor Anthony Carbines (ALP candidate
7 in the Ivanhoe state election of 2010) after his complaint!
8 The following are pictures of some of my banners that were dumped in my driveway scaring the
9 living day light out of my wife. And while the Victorian Police did attend to it, as it did to
10 Liberal candidate Carl Ziebels fire damaged election trailer I am not aware any charges were
11 laid. The red squares on the poster images is to show how they were ripped off from where they
12 had been on display. I have numerous others where posters were also ripped off. Never mind that
Page 23
1 it is an offence to interfere/remove political material on display as we seem to have a Victorian

2 Elector Commission and a Victorian Police who fails to take any action against offenders.
3
4 Some banners were fitted onto pallets and as such the criminals simply collected the various
5 pallets with the banners and slashed it with knives, etc, and then dumped them into my driveway.
6 No use to blame the youth for this as it would have taken a motor vehicle to drive around
7 collecting the pallets with the banners.
8
9
10
11
12

Page 24
1
2
3
4
5 There can be absolutely no doubt that this was a criminal conduct to undermine FAIR and
6 PROPER elections. Again, this kind of conduct I experienced also in other elections I was
7 involved in as a candidate and it seems to me that the lack of appropriate action by law
8 enforcement authorities enables an escalation as those involved seem to hold they are above the
9 rule of law.
10
11 Why indeed would the ODPP need a lot of time to consider if the Victorian Police can or cannot
12 act when there is an Victorian Ombudsman investigation report and monies were repaid, well for
13 so far it was detected, without any of those 2014 candidates having declared the monies
14 unlawfully gained in their financial declarations after the 2014 election was held.

Page 25
1 The following transcript is about the court case against me and it must be made clear and
2 understood that my evidence as to Banyule City Council involvement and so of Anthony
3 carbines and others was never challenged! As such it was uncontested evidence in court.
4
5 Pervakis v Schorel-Hlavka CCV No AP-12-1704
6
7 QUOTE 31 July 2012
8 TRANSCRIPT OF PROCEEDINGS
9
10 MAGISTRATES' COURT
11
12 No. C11666860
13
14 HEIDELBERG
15
16 TUESDAY 31 JULY 2012
17
18
19 BEFORE MS S.M. WAKELING, MAGISTRATE
20
21 LOCAL GOVERNMENT INSPECTORATE v. GERRIT HENDRIK SCHOREL-
22 HLAVKA
23
24
25 EXTRACT OF PROCEEDINGS
26
27
28 MR M. CARRAZZO appeared on behalf of the Local Government Inspectorate.
29
30 MR G.H. SCHOREL-HLAVKA appeared in person.
31
32 PROCEEDINGS RECORDED BY MAGISTRATES' COURT
33
34
35 SPARK AND CANNON 9248-5678
36 Level 9, 620 Bourke Street, Melbourne
37
38 The Crown in right of the State of Victoria.
39 This work is copyright. No part of it may in any form or by any means (electronic,
40 mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in
41 a retrieval system or transmitted without prior written permission of the Authorised
42 Officer.
43
44 HER HONOUR: Yes, all right, now, Mr Schorel-Hlavka, I've indicated to you previously
45 that you are not required to respond to the evidence that I've heard, that if you choose to
46 give evidence in response to the evidence of the prosecution this is your time to do so.
47 MR SCHOREL-HLAVKA: Can I take my laptop with me?
48 HER HONOUR: Absolutely.
49
50 <GERRIT HENDRIK SCHOREL-HLAVKA, sworn and examined:
51 HER HONOUR: Now, you're welcome to have a seat, Mr Schorel-Hlavka?---Thank you.
52 May I make a statement first of all, Your Honour, so that that may help?
53 Yes, I think that the best way of proceeding is for you simply to tell me about the
54 circumstances that I need to know about in response to the allegation that is made?

Page 26
1 ---Your Honour, Banyule City Council and myself had a long running dispute in regard
2 of elections. I'm a person who stands up for the constitution and my elections are about
3 constitutional matters and a proper observation of the constitution. One of the issues I
4 have been dealing with is that the councils were overcharging ratepayers in certain ways
5 like on pensions because they're not following the Commonwealth requirement to limit the
6 rate increases to CPI, so what Banyule council's been doing; for instance when I stood
7 against one of the councillors for the election they then, in 2010, started to remove all my
8 posters and banners because of the damage to the council if I was to get elected. The
9 extent was that far that even the police got involved because my posters were slashed, it
10 scared my wife, they dumped them in my yard. Councillor Anthony Carbines at the time;
11 he instructed councillors to remove my banners and posters and this went on, so that was
12 during the Ivanhoe election.
13 Who was it? Who do you say instructed the council - - -?
14 ---It was then Councillor Anthony Carbines. He was then subsequently elected in that
15 election. I was also - had my posters and banners regarding opposition of freeway when he
16 was in favour of the freeway, so there was quite a clash there. He even had the council on
17 my back saying that I was littering the road with how to vote cards. Now, I gave out free
18 how-to-vote cards outside the post office and because he had his office next to the post
19 office - - -
20 You've identified the problem that you were having?---Yes, okay, so there was a little bit
21 of problem there, so the council basically was targeting me unrealistically because how-to-
22 vote cards are outside our litter laws, but anyhow, so that had been going on which the
23 police investigated and I said, "Look I want from the council an investigation and I want
24 you to compensate me for the missing posters and banners." When it came down to the
25 Olympia ward election the same thing again was happening; that's the election ward
26 (indistinct) the same thing happened. My banners and posters were being removed, not of
27 any other candidate, only mine, and there was quite a correspondence of that, so my letter -
28 and then Kylie Boyle; she wrote about the returns and everything else and I had already
29 written previous to the council that for me to do a return I would have to know how much
30 compensation do council provide because that basically has to be disclosed as part of a
31 donation because it was regarding cost incurred previously, et cetera.
32 Let me just make sure I understand what you're telling me there. You're saying that in
33 order to determine the declarable donations received by you in the election campaign you
34 had to have resolved the issue of the compensation due to you from the council?---Yes,
35 that's what I was asking for; the loss of all the banners that they were taking away during
36 the election.
37 You were proposing to set off the compensation owed to you by the council against the
38 donations that you received. Is that right?---Well, I didn't receive any donations, but if the
39 council were to give me a donation then that would have to be declared as a settlement,
40 let's say, for the missing posters. In fact, Your Honour, when Kylie Boyle was involved in
41 that there was ongoing correspondence. Now, one of the letters was in fact my 5 May
42 2011 correspondence to Kylie Boyle, immediately the same day when she wrote to me,
43 you know, that I still could file and in that for instance I stated where I am to make a
44 declaration that obviously the issue is that it must be done to the facts and not simply is
45 concocted or just made up and hence I will await from each council their report to me as to
46 resolve the investigation and also any conclusive report that the Victoria Police may
47 provide. Finally, one day, I can, in all honesty, provide any declaration that ordinarily are
48 or may be required within a specific time period. It was simply I have asked for
49 investigations by the council already for a long running time and ask them to compensate
50 me for the damage that was done et cetera which is basically towards the election funds
51 because it's part of it. I've clearly indicated that, so it wasn't an issue about saying I thumb
Page 27
1 my nose on the law, I don't do that. It was simply that I am saying, "Look if you want me
2 to make a declaration let me do it in an honest and proper manner." That's what the issue
3 was about, so there was ongoing correspondence, but I'm just saying the 5th. So what
4 council obviously did, and the witness before said that he didn't know about it, but clearly I
5 was in communication with Kylie Boyle from Banyule council. There was police
6 investigation going, there was council elections going on and I still haven't had a response.
7 Now, when I immediately the same day respond, right, to them then it doesn't show that I
8 just thumb my nose on them and said, "Look I ignore you." I have asked them to respond
9 back to me and I know councils don't always respond back immediately, they take their
10 time. It has been in other matters that I have written to council too that it takes sometimes
11 a year or more before I get a response, so in that regard there's nothing that I did to say,
12 "Look I don't care." It is simply - and this letter on 5 May relates to it and this is what I'm
13 saying. There was a lot of waiting going on about matters and I believe that in the
14 circumstances I acted properly and when Kylie Boyle said, "Look we give you an
15 extension of time," whether it's 16 May or not, where she is acting on behalf of the council
16 I'm entitled to assume that she is lawfully authorised to give the extension. If she misled
17 me that is not my fault. I acted in good faith to what they were saying. Now, in this letter,
18 you know, of 5 May - I haven't got a hard copy with me, but I can email it and
19 Your Honour can straightaway have a copy of it. It clearly will underline, without going
20 into all the details, that this was an ongoing conflict regarding council versus me and I say
21 that this matter currently before the court simply is another way of them trying to get back
22 on me because I'm exposing what they are doing wrong. I don't believe this is in good
23 faith to say, "Look, you know, this man just thumbs his nose on the law." That wasn't it at
24 all. Mr McMillan, himself, knows that over the past I have had numerous council issues
25 with him regarding a 400 million dollar project in Greensborough. I was the only objector
26 and in the end it didn't go ahead because I wrote to the Federal Government it was
27 unconstitutional to fund it and in the pub case, so that is basically what I want to say,
28 Your Honour.
29 Thank you. I just want to be very clear about my understanding of your evidence then. I
30 do understand that you were engaged in discussions with the council at least and had
31 requested an investigation by the council and an investigation by the Victoria Police with
32 respect to allegations made by you that the council was systematically targeting you for the
33 purpose of discouraging you from seeking election or hindering your chances of being
34 elected?---Yes, not seeking election, Your Honour, if I may correct you - - -
35 Hindering your chances of being successful?--- - - - but determined to undermine my
36 election.
37 You were in correspondence and discussion with Kylie Boyle on behalf of the council with
38 respect to the claims that you were making on council and to Victoria Police. Am I correct
39 about that?---Yes, that's right.
40 During those discussions you received a reminder from Ms Boyle dated 5 May to lodge
41 your declaration by 15 May. You had made it clear to Ms Boyle that you were seeking to
42 resolve the question as to the moneys owed to you by council either by means of a council
43 investigation or a police investigation. You were genuinely and honestly convinced that
44 you would be required to declare any funds that you did receive as a result of the
45 investigation by council or police in the return following the bi-election and that having
46 regard to the fact that that dispute was as yet unresolved you were deferring lodging your
47 return. Is that what you're saying?---That's what I indicated. I indicated and, as I said, the
48 moment I got her email regarding the declarations I immediately returned back the letter
49 saying this and that, so that was all - - -
50 Sorry, no, I don't understand that?---When Ms Kylie Boyle wrote to me on 5 May the same
51 day I wrote back to her immediately on that.
Page 28
1 Yes?---The problem with have sometimes is the different council office do different things,
2 they don't seem to communicate - - -
3 What did you say in response to her?---Well, that's what I read out before to you.
4 Yes, sorry, and I didn't follow it, so just take me through it again?---Okay. That I wanted
5 to do a declaration, but I said here, "One day can I honestly provide a declaration that
6 ordinarily may be required within a specific time period", so I'm saying, "Look I want to
7 do the declaration, but I don't want to make a false declaration because then I can be held
8 liable by law for filing a declaration that may be untrue", so what I needed to do was a
9 declaration and I said, at that very moment, "I cannot make a declaration because the
10 council has not responded back to me, the police hasn't given me any information yet and
11 so I'm in no legal position to give a declaration because if I do now I am liable to making a
12 false declaration."
13 All right, thank you. I think I've understood your evidence?
14 ---Thank you.
15 Any cross-examination?
16 MR CARRAZZO: No, Your Honour.
17 HER HONOUR: Thank you. You're free to leave the witness box. Thank you, Mr
18 Schorel-Hlavka?---Thank you, Your Honour.
19 <(THE WITNESS WITHDREW)
20 HER HONOUR: Are there any other witnesses that you would like to call?
21 MR SCHOREL-HLAVKA: No, thank you, Your Honour.
22 HER HONOUR: So that's your evidence?
23 MR SCHOREL-HLAVKA: That's correct, Your Honour.
24 HER HONOUR: Thank you very much.
25 END OF EXTRACT
26
27 END QUOTE 31 July 2012
28
29 Mr Gerrit Hendrik Schorel-Hlavka and Banyule City Council Chief Executive officer Mr
30 Simon Mc Millan are back in court again on Wednesday 26 September 2012, this time in
31 the County Court of Victoria for an appeal.
32 Her Honour Gaynor J made clear the constitution doesn’t apply to her which caused some
33 uproar in the public gallery then Her Honour warned the public to have them all removed
34 if they again made a comment. Obviously with a judge who claims to be above the
35 constitution one can expect nothing less then to side with the prosecutor.
36 Still, I made my case and as my evidence was never challenged then clearly it was implied
37 admitted by the prosecutor. Yet, nothing eventuated as to any investigation, etc, after all
38 we were, as I understood it, dealing with ALP dominated councils and a council officer
39 misusing his position against a other State election candidate didn’t seem to be an issue for
40 all concerned other than myself, not even for the VEC.
41
42 As a (now retired) professional advocate I have come across many issues of gross injustices but
43 nothing is being done about it as the police, politicians and others are not interested in fixing the
44 real problems. This then result that those who are aggrieved at times contemplate suicide and
45 worse possible mass murder in the process. For sure we have this terrorism of fanatics about
46 Islam but long before this eventuated after the unconstitutional 2003 invasion into Iraq I way
47 back in 1994 and thereafter was warning authorities about persons contemplating horrendous
48 criminal activities. As such nothing then to do with Muslims.
49
50 Let’s consider also the content of the following pamphlet by Karen Joy (KJ) McColl:
51
Page 29
1
2
3
4
5 I was at the forefront of opposition against the SSM (Same Sex marriage) on constitutional
6 grounds. However, when I ordinary deal with people even those who are homosexuals I show
Page 30
1 courtesy and do not vilify them. Our constitution was created that we should tolerate others their
2 lifestyle unless it violates our existing legal provisions. Therefore, I see absolutely no
3 justification to refer to a person in a degrading manner and not as Karen (KJ) McColl claims that
4 a Member of State Parliament, being a legislator, then blatantly made a derogative e comment to
5 her to call her “dyke”. Neither do I accept any physical force to push another person as
6 reportedly Anthony carbines did.
7
8 QUOTE 23-2-2011 Why I never lose in elections
9
10 TO WHOM IT MAY CONCERN
11
12 Why I never lose in elections!
13 .
14 I have been in various Federal, State and municipal elections and while I never was a
15 successful candidate in any election never regretted being a candidate (regardless of the
16 associated cost) and never did lose.
17 .
18 Perhaps you may consider this statement to be some contradiction in itself but let me
19 explain.
20 .Elections are to elect a person to represent the community but reality is that elections are
21 fraught with unfair/unethical/unlawful conduct. Basically the system used is to ensure that
22 the best candidate for the job unlikely will succeed. A political party can have a donkey as
23 a candidate (if this were permissible) and most electors would still vote for the party. As an
24 elderly lady made clear during the Ivanhoe election, as I recall it; “I can’t stand Anthony
25 carbines but I must vote for the ALP because it is a family tradition.”
26 Now, what value has such a vote one may ask?
27 .
28 When I stand as a candidate then while obviously desiring to be the successful candidate at
29 the other hand I take it that of the electors didn’t vote for me then they didn’t deserve my
30 service as such. In the 2005 Olympia Ward election it was ALP Anthony Carbines they
31 voted for and well soon after they discovered steep rate increases. As a
32 CONSTITUTIONALIST I view I could have done something to seek to prevent steep
33 rate increases. As such it were the electors who lost in the election.
34 .
35 With the Broadmeadows by election on 19 February 2011 it was ALP Frank McGuire who
36 was elected and on 22 February already the complaints were coming in about the steep
37 increases in process, etc. Well, I stoop for keeping prices down but they didn’t vote for me
38 and so they just got what they deserved! Electors should realise that all they needed to do
39 was to fill in the ballot paper in such manner as to elect the most competent candidate and
40 well, if they held they did so then what are they complaining about I may well ask? The
41 same with Ivanhoe 27 November 2010 election it was Anthony Carbines who was elected
42 and soon after people complained that he didn’t provide the monies he had promised. Well
43 fool you to accept his rot! I feel absolutely no sorry for those idiots who believe this
44 nonsense of promises about “health, education, transport” etc because it is their slogan that
45 returns every election.
46 At least I stand as a candidate promoting the constitution and what it stands for. I went out,
47 for example, amongst the Turkish community in Campbellfield and explained the working
48 of the constitution, etc. Some made known they still voted for their Turkey’s candidate but
49 they like what I was saying. As such, my drive to educate people about the constitution is
50 working.
51 .
52 Within the provisions of the Environmental Protection Act any material other then political
53 material is deemed to be “littering” and “junk mail”. It obviously is debatable that material
Page 31
1 about the constitution could be regarded to be littering or junk mail but at least as a
2 candidate in an election I can promote the constitution without the risk of it being deemed
3 to be littering or junk mail. As such, I use the elections to promote the constitution and
4 being a candidate many will then consider the material more then otherwise.
5 .
6 Today, I young man who was letterboxing for another candidate (being paid to do the job)
7 asked me if he could have some material of mine and we ended to talk about ...the
8 constitution. Turns out he is very much a person about the constitution, and appeared to me
9 to be a student at a University.
10 .
11 For sure doing my own letterboxing (and my 78-year old wife assist to some degree with
12 this) gives me an opportunity to talk to people about the constitution whenever they start to
13 talk to me about what is on my How-to-vote Cards. As such, regardless how any election
14 turns out to be I never lose because more and more people are becoming aware we do have
15 a constitution, we do have constitutional rights and privileges and we must protect these.
16 .
17 Those who read my material may be aware about the battles I had with Banyule City
18 Council during the Ivanhoe election and with both Metro and Hume City Council
19 regarding the Broadmeadows by-election and I didn’t retract a thing but stayed the course
20 about my constitutional rights. As such, I showed them I wasn’t going to be bullied. As
21 such it was for all candidates and others that they have to accept that we have
22 constitutional rights and privileges and this includes “POLITICAL LIBERTY” and
23 “CIVIL RIGHTS”.
24 I admit that by the time the Olympia Ward by-election is completed on 5 March 2011, and
25 considering also the Broadmeadows by-election as well as the Ivanhoe election I will have
26 gone through about $100,000.00 worth of election material. So, I am driving an old bomb
27 because I rather promote the constitution. Well, I cam to the Commonwealth of Australia
28 having grown up in The Netherlands that the “constitution” (grondwet) is the most
29 important law of a country and so when I arrived here some 40 years ago I accepted this to
30 be the same in the Commonwealth of Australia only to find a scant disregard to this by
31 politicians, lawyers, judges, etc.
32 .
33 Well I am not a drinker, smoker, gambler or spend my money on watching cricket, or other
34 games as my drive is to promote the constitution. Having conducted a special lifeline
35 service since 1982 under the motto “MAY JUSTICE ALWAYS PREVAIL®” I am well
36 aware what can result when people are robbed of their democratic rights such as fair and
37 proper hearings before a court. As a CONSTITUTIONALIST I am very vocal about it
38 and it has often assisted me to obtain JUSTICE for others.
39 Because of standing as a candidate often many contact me, even years later, that they
40 remembered that I assist others (albeit now I am mainly about constitutional issues) and so
41 the indirect benefits standing as an INDEPENDENT candidate his considerable. For sure
42 there is no financial benefit because it does cost me heaps and assisting others FREE OF
43 CHARGE has also cost me so to say an arm and a leg but I took it all.
44 Lately I decided I should start charging for certain services such as consultant as after all
45 my bank holdings are running dry and I do have to pay my bills also.
46 .
47 Many may criticise me that I wasted my money but I rather die a freeman then to be rich
48 and a prisoner unable to spend the monies anyhow. I didn’t ask anyone to assist me with
49 the Olympia Ward election because quite frankly I couldn’t give a “shit” about asking
50 anyone because if I have to ask then people simply are not clever enough to realise that all
51 this campaigning by me about the constitution is also for them and their family and their
52 future security. Neither did I ask anyone for financial contribution in regard of the Olympia

Page 32
1 Ward election because again I take the position that those who do care about the
2 constitution do not need to be asked.
3 .
4 I have learned enough in life to know that when getting into a battle it can take years and
5 don’t I know that of litigation spanning more then 13 years! As such, I am not worried
6 about how long my passion about the constitution will take to achieve certain results but I
7 do know that every person who read my election material is becoming aware, if they didn’t
8 already know this, that we have a constitution and that we do have “CIVIL RIGHTS”,
9 “RELIGIOUS LIBERTIES” and “POLITICAL LIBERTIES”.
10 Fool those who couldn’t bother to so to say jump on the bandwagon and work with me to
11 spread the word about the constitution and then later discover their constitutional rights are
12 no more, their land being taken from them without proper safety provisions, etc. Then it
13 will be too late to do something about it. Then you can reflect back if just you had bothered
14 while you could.
15 .
16 When Customs demanded a declaration and 10% GST I filed a 40 page complaint and
17 overnight they released my material! Well, ask yourself how often Customs do so? Again,
18 I know my constitutional rights and because of this succeed where others failed. People
19 should understand that the only reason some public servants are becoming so powerful is
20 because they let themselves being bullied. As such, if you hit back as a
21 CONSTITUTIONALIST then so to say they withdraw with their tail between their legs.
22 .
23 Most people believe that lawyers know the law and so understand the constitution but that
24 is utter crap because the first obstacle course for any person to understand/comprehend the
25 constitution is being a lawyer! Lawyers are so to say brainwashed during legal studies to
26 accept certain provisions and cannot then be open minded. Hence, they get easily defeated
27 in court on constitutional matters. Regretfully the lawyers clients assume their lawyers
28 know it all and are then ending up in huge legal cost as the lawyer never told them he
29 wasn’t a constitutionalist and doesn’t really know himself what he was talking about.
30 .
31 Over the next week I anticipate to letterbox at least another few thousand brochures, cards
32 about the constitution and so what I don’t get elected, I will not loose a single night sleep
33 about it because I never can lose because I am successful in promoting the constitution.
34 Without an election people would regrettably be less inclined to read material placed in
35 letterboxes and so using elections is a better way for it.
36 .
37 With the unconstitutional land tax this can affect millions of people, the same with the CPI
38 based pensions and so the state public housing rents and council rates and yet most people
39 are simply too dumb to realise that it is their own future that is at stake! No doubt State
40 government may want to claim that State land taxes are constitutionally valid as after all if
41 this is an estimated $35 billion dollar issue then what do you expect? They are not going to
42 create their own BLACKHOLE by telling the truth. The same with CPI related council
43 rates and state housing rent related CPI increases, and as such it is important for all persons
44 to be aware of your constitutional rights and privileges because if you fail to do so you be
45 the worse for it, as I have proven time and again not to be bullied.
46 .
47 Again, I never lose any election because regardless I may not be the successful candidate I
48 have successfully promoted the constitution and if you have any brains at all you too
49 would be doing this if not for the sake of yourself then for your family and others like your
50 fellow citizens.
51 .
52 Just ask yourself how many candidates ever went upon a platform to promote the
53 constitution?

Page 33
1 Well I do and can assure you that I have no regrets whatsoever doing so. The question is
2 how much do you care to ensure that when you vote you do vote for the right candidate
3 and not be led by the nose to vote for a donkey?
4 .
5 Gerrit
6 .
7 Mr G. H. Schorel-Hlavka
8 .
9 23-2-2011
10 END QUOTE 23-2-2011 Why I never lose in elections
11
12 While the above refer having a donkey as a candidate in the USA a dead person can still, win
13 about 66% of the primary votes many weeks after he already had died.
14 https://dailystormer.name/dead-brothel-owner-winning-nevada-assembly-seat-is-a-referendum-on-hooking-in-
15 america/
16 Dead Brothel Owner Winning Nevada Assembly Seat is a Referendum on Hooking in America
17
18 https://www.abc.net.au/news/2018-11-08/dead-pimp-dennis-hof-wins-seat-in-nevadas-state-parliament/10475946
19 US midterm elections: Dead brothel owner

20 Dennis Hof wins Nevada race for
21 Republicans
22 Updated earlier today at 9:43amThu 8 Nov 2018, 9:43am
23
24
25
26
27 We have this so called SAFE SCHOOL PROGRAM purportedly about bullying but in reality is
28 it about sexual issues. We have care taking Premier Daniel Andrews who I view is bullying Mr
29 Matthew Guy with being the “cut Guy”.
30 As a child living in The Netherlands when I was attending primary school I was constantly
31 harassed because by changing the last letter of my surname “Schorel” it became a slanderous
32 word. As such suffering for many years this evil I would not desire others to be subjected to it.
33
34 So now any child with the surname “Guy” can be teased at school being the “cut Guy”
35 Again, we have a Premier who places himself above the rule of law and enjoy to bully
36 opponents, at least this appears to me to be so.
37
38
39 (20181120) [conlawprof] Is making fun of an obviously Jewish last name Anti-Semitic
40 QUOTE
41 Re: Is making fun of an obviously Jewish last name Anti-Semitic
42 People
43  Robert Sheridan <robertsheridan625@gmail.com>
44 
45  20 Nov at 7:51 PM
46 To
47  Paul Finkelman pfink@albanylaw.edu
Page 34
1 Hide
2 CC
3
4 Message body
5
6 Of course it is.
7
8 He wouldn’t call Arnold Schwarzenegger that, especially in his weight-lifting
9 championship days.
10
11 He’d call him a Hillary supporter.
12
13 -rs
14
15
16 On Nov 19, 2018, at 8:52 PM, 'Paul Finkelman' via Discussion list for con law professors
17 wrote:
18
19 Since this is a theme we have discussed, I wonder if making fun of an
20 obviously Jewish name -- calling Congressman Schiff "little Adam
21 Schitt" -- Anti-Semitic?
22
23 Given the historic anti-Semitic canards about Jews being short (Max
24 Baer, Dolph Schayes, Danny Schayes, Bill Goldberg, or Josh Rosen
25 aside), is calling him "little" anti-Semitic.
26
27 I am not sure what the answer is, but I wonder what other people
28 think.
29
30
31 ******************
32
33 Paul Finkelman, Ph.D.
34
35 President
36 GRATZ COLLEGE
37 7605 Old York Road
38 Melrose Park, PA 19027
39 Email: president@gratz.edu
40 paul.finkelman@yahoo.com
41 Office: 215-635-7300 x 124

42
43 Cell: 518-605-0296
Page 35
1 Web: gratz.edu
2
3 END QUOTE
4
5 In my view Daniel Andrews should face legal consequences for this conduct as should be others
6 involved in this add.
7 .
8 I understood that you as Chief Commissioner of Police were making known that the state
9 government is not placing you under any pressure about the Red Shirt issue. To me it is extra
10 ordinary that you made such a statement. Then again if not directly then indirectly it could be
11 implied. For example as reference to a particular position after leaving the police force.
12 Remember the secret everyone knew that treasurer Joe (smoking) Hockey was to resign from the
13 parliament to become a ambassador to the United States of America (USA). Clearly this was an
14 arrangement that purportedly didn’t exist.
15 Are we now going to see in time Graham Ashton being appointed to some position if the
16 ALP wins the coming election in having more seat?, as some thank you, I wonder.
17 I understood that on the evening of the knife wielding killer having rampaged you failed to
18 disclose certain details, and then I wonder what else did you not disclose and not now disclose
19 about the Red Shirt issue?
20 While using a gas bottle might not cause much destruction but as I so often warned about a gas
21 tanker could even exceed the death toll of that of September 11. Yet nothing really has
22 eventuated to prevent such horrific kind of event.
23 Anyone determined to drive a gas tanker into Bourke Street Mall still can do so as my July 2016
24 suggestion to use obstacles in the tram tracks were to my understanding still not put in place.
25
26 While I was born in the Netherlands nevertheless I view that as a person residing in Australia I
27 have a duty and obligation to be aware of what the true meaning and application of the
28 constitution is and promote the same. We are so to say gate keepers. Regretfully when a judge
29 claims the constitution doesn’t apply to her then how can we expect anything better form
30 ordinary citizens.
31 When I pursued very successfully my constitutional rights not to be compelled to vote I also then
32 used that John Howard and others had unconstitutionally invaded Iraq and no one could force me
33 to vote for terrorist/mass murders. Again the Court had my pre-written submissions ADDRESS
34 TO THE COURT and the Commonwealth didn’t challenge any of it.
35
36 Being it Muslims, or others (religious or not) in the end terrorism against innocent civilians is
37 deplorable. What however is needed is not an avalanche of legislation interfering with the rights
38 and freedom of peace loving citizens but to have some kind of agency where people can turn to
39 about any injustice and then this agency may be able to assist people aggrieved possibly avoiding
40 suicide/murder/mass murders. I as a senior citizen cannot continue to assist others as I have
41 selflessly done for many decades. Ignore my recommendations and we may see the streets
42 turning into rivers of blood, as those who contemplate horrific events will without appropriate
43 assistance seek their own solutions even is this is a carnage.
44
45 This correspondence is not intended and neither must be perceived to address all issues.
46 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)
47 MAY JUSTICE ALWAYS PREVAIL ®
48 (Our name is our motto!)


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Page 1

23 Bombardier Books, 2018.

22-11-2018 Page 1 © Mr G. H. Schorel-Hlavka O.W.B.

22-11-2018 Page 2 © Mr G. H. Schorel-Hlavka O.W.B.

22-11-2018 Page 4 © Mr G. H. Schorel-Hlavka O.W.B.

36 Ethics Orientation for State Officials

22-11-2018 Page 8 © Mr G. H. Schorel-Hlavka O.W.B.

22-11-2018 Page 9 © Mr G. H. Schorel-Hlavka O.W.B.

7 Mr. MCMILLAN.-Would it not into the Appropriation Bill?

8 Mr. ISAACS.-Yes; but not as an annual service.

22-11-2018 Page 12 © Mr G. H. Schorel-Hlavka O.W.B.

22-11-2018 Page 13 © Mr G. H. Schorel-Hlavka O.W.B.

22-11-2018 Page 14 © Mr G. H. Schorel-Hlavka O.W.B.

33 Mr. TRENWITH.-Would the states still proceed to make laws?

22-11-2018 Page 18 © Mr G. H. Schorel-Hlavka O.W.B.

22-11-2018 Page 19 © Mr G. H. Schorel-Hlavka O.W.B.

22-11-2018 Page 20 © Mr G. H. Schorel-Hlavka O.W.B.

22-11-2018 Page 21 © Mr G. H. Schorel-Hlavka O.W.B.

1 it is an offence to interfere/remove political material on display as we seem to have a Victorian

22-11-2018 Page 23 © Mr G. H. Schorel-Hlavka O.W.B.

22-11-2018 Page 24 © Mr G. H. Schorel-Hlavka O.W.B.

22-11-2018 Page 25 © Mr G. H. Schorel-Hlavka O.W.B.

22-11-2018 Page 31 © Mr G. H. Schorel-Hlavka O.W.B.

22-11-2018 Page 32 © Mr G. H. Schorel-Hlavka O.W.B.

19 US midterm elections: Dead brothel owner

37 7605 Old York Road

38 Melrose Park, PA 19027

41 Office: 215-635-7300 x 124

47 MAY JUSTICE ALWAYS PREVAIL ®

48 (Our name is our motto!)

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