Friday 19 December 2014

Arthur Sinodinos

Emailed the good senator today :-


Hon Senator Sinodinos

Dear Senator
You are in the processes of exploring the workings of ICAC and are probably the most experienced person to talk to about crimes by politicians, not that you have done any, but you have first hand knowledge of the process of finding out about crimes by MPs.

How should someone approach an MP who has lied to the AEC about their nationality and signed 8 false declarations to get into parliament? It is well beyond a simple mistake, it is a concerted effort to defraud the Australian people.  It is no longer a mere electoral problem, fraud is a very serious crime and many MPs are actively helping cover up this persons frauds.

Should MPs act within the law or are they a law unto themselves?  Should MPs call for this person to resign and face the courts or doesn't it matter for members of parliament?

The MP was born overseas and got Australian citizenship in the 80's.  His parliamentary office has confirmed he hasn't renounced his foreign citizenship.

I do hope you can provide some advice

Yours

Tony Magrathea

Will be interesting to see if I get a reply.





If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.


Monday 15 December 2014

Letter to Special Minister of State

Senator Ronaldson is the Special Minister of State with responsibility for the AEC.  I have written to him today asking he change the rules for the AEC and allow them to investigate and ask for proof of renunciation of dual nationalities.  Here it is:-

Dear Senator
As special minister of State part of your responsibilities are the rules relating to the AEC.
I am writing to ask you to change the rules regarding dual nationality.  As it stands at the moment the AEC have no authority to ask candidates about their nationality.This must change, the example below will explain why. The AEC must be able to query all candidates about their eligibility under section 44 of the Constitution.


At the moment the Prime Minster is in parliament illegally. He is a dual national, an FOI request to his department has shown the renunciation papers for his British nationality do not exist. He is still a dual national. The AEC have advised that they are precluded from asking or investigating dual nationality because of rules set down by your office.

The FOI is https://drive.google.com/file/d/0B42C_wWg31otWnE4Z0dtVEZpYzA/view?pli=1

Mr Abbott is currently being investigated by the Australian Federal Police for signing 8 false declarations and may be charged with fraud once their investigations have finished.  A copy of the investigatin request is http://tonymagrathea.blogspot.com.au/2014/11/a-copy-of-report-to-afp-141114.html
Mr Abbotts office refuses to reply to any questions from me or others about this.

Senator Macdonalds office advised that all MPs in the liberal party know he is a dual national but they did not think that was illegal.

People,voters,citizens of Australia are querying their own local members and members of the cabinet about Mr Abbotts dual nationality and when no response is received those people are asking their local state police to investigate the MPs for breaches of their state Crimes Acts. Most state crimes acts are not jurisdiction specific when it comes to people failing to report a crime or an alleged crime.

Senator Brandis, Ms B.Bishop,Mr Brough and Mr Dutton have been reported to Queensland police to see if they are in contravention of the Qld Crimes Act.
Similarly Mr Baird the Premier of NSW is being investigated by the NSW Police.  I also believe the NSW ICAC is examining to see if Mr Baird is in contravention of the corruption laws by hiding the alleged crime.
I am told Ms Credlin is being investigated by ACT police for contravention of their Crimes Act in failing to advise of a possible crime of fraud being committed by her employer.

I don't know how many other MPs and ministers have been asked to be investigated by state police forces, not everyone is telling me when they report on crime stoppers.

All of this police investigation of members of your party because on idiot decided he didn't need to follow the law and the Electoral Commission didn't have the authority to question him.  It could be that every member of the ministry is being investigated by the police forces of Australia because one man feels he is above the law.

Will you change the AEC rules to allow them to query nationality and to ask for copies of renunciation papers from candidates?

I do hope you see the sense in a simple change to the AEC rules.

I do hope that not everyone in cabinet has to go before the courts for hiding a crime and perverting the course of justice. And any minster investigated may face the possibility of the extra charge of gaining financially from withholding information from the police, their promotion to the ministry would be proof enough of getting a financial advantage.

I look forward to your early response as this matter needs resolved very quickly or we wont have a government left in this country.

Tony Magrathea



If you want to keep me out of poverty please think about sending a penny or two.  I am one of those pov-liners who wont be able to afford the new $5 GP tax, nor the beer & coffee all of these politicians say is easily affordable. 



Sunday 14 December 2014

The AEC is hamstrung and hogtied






The Australian Electoral Commission has no power to question a candidates nationality.  Mr Heerey QC has replied to my queries.

It has no power to determine if a fraud has occurred should a candidate lie about meeting the conditions set down in the constitution and set down in the AECs own declarations everyone must sign whne running for parliament.

The only way the AEC can reject a nomination is if  sections 166,167,170 or 171 have not been complied with.
Austlii has the act here and the parts basically refer to the nomination being on time,on the right form or copy of it,signed in the right way, basically simple housekeeping and box ticking rules.

I have asked the Special Minister of State to change the rules he is responsible for to allow the AEC to query citizenship so that the Kelly,Abetz and Abbott fiasco and criminality are never allowed to ahppen again.

To me it seems ridiculous, probably shameful for the country to allow a fraud to nominate for parliament and the commission responsible for the elections can not question a frauds nomination.  They have to believe someone entering politics is telling the truth, which in my cynical mind is something that rarely if ever happens.



If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.


Thursday 11 December 2014

Asking about Abbott's dual nationality

I am writing to all Premiers and Chief Ministers to ask that they approach their police and justice ministers  because of what may be a serious problem regarding failure to advise your police and justice departments of an alleged crime.

The crime is Mr Abbott, our PM, signing 8 false declarations, one at each election he has stood in.  Mr Abbott was born in England to a British father which gave him automatic British citizenship. In 1981 he applied for and got Australian citizenship, this made him a dual national.
Mr Abbott ran for parliament in 1994 and at each subsequent election.

In October 2014 his Department of Prime Minister and Cabinet confirmed in an FOI request that his renunciation papers for the British citizenship do not exist. A copy of the FOI report is here.

In December 2014 Senator Macdonalds office told me that all LNP members know Mr Abbott is a dual national but they didn't think that was illegal.

Section 44 of our constitution precludes dual nationals form running for federal parliament.  Here
The Australian Electoral Commission requires all candidates to sign a declaration stating that they comply with the constitution in particular S44.  Mr Abbott has obviously signed false declarations which may be construed as fraud. Eight times.

As all LNP members of parliament know Mr Abbott is a dual national they are all conspiring to hide the crime and pervert the course of justice  Most state crimes acts require people to advise the police if they know of a crime or suspect a crime has been committed.  Every member of the LNP in parliament in Canberra has hidden this crime or possible crime for you and it could be said those who get money or being in parliament are hiding the crime for profit.

I do hope you will see it as right and proper to investigate every LNP member of Federal Parliament.

Yours

Tony Magrathea



If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.




Tuesday 9 December 2014

Letters from AFP and AEC & a letter to Senator Ronaldson


 This letter is from the AFP and seems to have crossed with the updated data I sent to them on 14 November 2014, the Jan Olson FOI report. I have resent that letter to the national manager and queried why the AFP can't investigate fraud just because the AEC cant investigate nationality. The AFP can ask about nationality to determine if fraud has been committed.  The AEC rules regarding nationality questions need to be changed immediately.



I replied to this letter asking them not to bother with the personal details, all I really need are the details of what is being sworn to on the declaration and Mr Abbotts signature and the name of any other person who may have handed in a group of candidate application forms to see who else may be implicated in the fraud.

I Also asked them to resend the letter from Mr Heerey QC, the legal office at AEC claim he has responded to me but I have not had a letter or email from him.



Senator Ronaldson is the Special Minister of State with responsibility for the AEC.  I have written to him today asking he change the rules for the AEC and allow them to investigate and ask for proof of renunciation of dual nationalities.  Here it is:-

Dear Senator
As special minister of State part of your responsibilities are the rules relating to the AEC.
I am writing to ask you to change the rules regarding dual nationality.  As it stands at the moment the AEC have no authority to ask candidates about their nationality.This must change, the example below will explain why. The AEC must be able to query all candidates about their eligibility under section 44 of the Constitution.


At the moment the Prime Minster is in parliament illegally. He is a dual national, an FOI request to his department has shown the renunciation papers fro his British nationality do not exist. He is still a dual national. The AEC have advised that they are precluded from asking or investigating dual nationality because of rules set down by your office.

The FOI is https://drive.google.com/file/d/0B42C_wWg31otWnE4Z0dtVEZpYzA/view?pli=1

Mr Abbott is currently being investigated by the Australian Federal Police for signing 8 false declarations and may be charged with fraud once their investigations have finished.  A copy of the investigatin request is http://tonymagrathea.blogspot.com.au/2014/11/a-copy-of-report-to-afp-141114.html
Mr Abbotts office refuses to reply to any questions from me or others about this.

Senator Macdonalds office advised that all MPs in the liberal party know he is a dual national but they did not think that was illegal.

People,voters,citizens of Australia are querying their own local members and members of the cabinet about Mr Abbotts dual nationality and when no response is received those people are asking their local state police to investigate the MPs for breaches of their state Crimes Acts. Most state crimes acts are not jurisdiction specific when it comes to people failing to report a crime or an alleged crime.

Senator Brandis, Ms B.Bishop,Mr Brough and Mr Dutton have been reported to Queensland police to see if they are in contravention of the Qld Crimes Act.
Similarly Mr Baird the Premier of NSW is being investigated by the NSW Police.  I also believe the NSW ICAC is examining to see if Mr Baird is in contravention of the corruption laws by hiding the alleged crime.
I am told Ms Credlin is being investigated by ACT police for contravention of their Crimes Act in failing to advise of a possible crime of fraud being committed by her employer.

I don't know how many other MPs and ministers have been asked to be investigated by state police forces, not everyone is telling me when they report on crime stoppers.

All of this police investigation of members of your party because on idiot decided he didn't need to follow the law and the Electoral Commission didn't have the authority to question him.  It could be that every member of the ministry is being investigated by the police forces of Australia because one man feels he is above the law.

Will you change the AEC rules to allow them to query nationality and to ask for copies of renunciation papers from candidates?

I do hope you see the sense in a simple change to the AEC rules.

I do hope that not everyone in cabinet has to go before the courts for hiding a crime and perverting the course of justice. And any minster investigated may face the possibility of the extra charge of gaining financially from withholding information from the police, their promotion to the ministry would be proof enough of getting a financial advantage.

I look forward to your early response as this matter needs resolved very quickly or we wont have a government left in this country.

tony magrathea



If you want to keep me out of poverty please think about sending a penny or two.  I am one of those pov-liners who wont be able to afford the new $5 GP tax, nor the beer & coffee all of these politicians say is easily affordable. 



Monday 1 December 2014

The constitution and economic chaos

If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.




A rough reading of the constitution basically says  all laws are put to the Governor by the Executive for his signature.

My argument is that Mr Abbott is a dual national and has signed 8 false declarations to enter parliaments.  Jan's  FOI shows he has not renounced his British citizenship, the documents do not exist.

As he has signed false declarations to get into parliament that is fraud a criminal matter.  He should not be in parliament.  He has been a part of Executives in the Howard government and in the past 14 months or so and has passed many laws and decrees and decisions up to the Governor to sign.  Each one of those has been passed to the Governor by an Executive branch of government made up of people including someone who should not be there, someone who was there illegally, fraudulently. The executive decisions and laws are made invalid because a criminal fraud has been amongst the people who passed them to be signed by the Governor.  All tax cuts, tax increases, knighthoods, promotions, postings, decrees, decisions are invalid.

The parts of the constitution dealing with the executive are here or here

My bush lawyer skills are just that, a bush lawyer. Someone who can read, understand English pretty well and knows how to google.  Legally I wouldnt have a leg to stand on in a court, but it seems that Mr Abbott can't risk a gag order because that would allow me to call the documents in a corut of law and prove they don't exist and then show I am entitled to say what I want because ht has indeed signed false declarations to get into parliament.

Of course my bush lawyer skills might do massive poos on me from a great height, but if I don't ask it seems no one else will.

As an extra to this, the legal officer of the AEC has said that Mr Heerey QC, the Commissioner of the Australian Electoral Commission, has the matter before him at the moment and will make a decision soon as to the false declarations made by Mr Abbott.  But I have little confidence, the AEC has relied on their woos ideals that they can't investigate someones citizenship.  Makes them rather pointless in securing eligible candidates for parliament.  And the legal officer of the AEC assures me he is not a member of the liberal party.

The main blog is here


This is interesting. Definitely need legal help with it.  Anyone want to come in and do it do it doit?

Ok, I am but a humble law student. I am by no means qualified to advise or comment on law or legal avenues of constitutional or electoral or criminal matters.. However, I might draw your attention to the following, where it seems to me you are being misled and distracted...
a) In order to successfully bring Abbott to account for these allegations the following must be obtained (or reasonably attempted and evidence of knowing/ willful obstruction or maladministration obtained): Mr Abbotts false declarations. Mr Abbott or any other statements confirming such fraud or ineligibility. Any other conflict of interest/ aiding or abetting for conflict of interest by other parties involved. b) refusals of minister/department officials to conduct their duties accordingly.
If this is obtained, then the following paths could be taken as an eligible plaintiff sui juris:
a)An application directly to the High Court (Court of Disputed Returns) regarding the parliamentarian/minister eligibility and allegation of fraudulent/ deceitful application.
b) An Application to the Federal Court regarding allegations of electoral fraud.
c) an application to the Administrative Appeals Tribunal regarding the refusals/ silences/ incorrect responses/ personnel handling regarding your enquiries.
d) a direct demand to the Queen/ Gov Gen (accompanied by a petition of the Australian Voting Public) to suspend the Cabinet and the PM pending investigation/ by-election.
As for sue v hill, upon my brief review of the relative case line I must correct comments in the responses you have received. The Electoral Commission has inho misinterpreted this as the case identified that the eligibility for dual citizenship was NOT a disqualifier, and neither was previous foreign allegiance, however it reconfirmed that OUTSTANDING allegiances are, and declarations made which reflect information that would contradict such facts of allegiance would be an issue, however, dual citizenship must not be confirmed by the HOME OFFICE to be valid, but MR Abbott must have made all active an reasonable attempts to validly and publicly renounce any foreign allegiance PRIOR to completing the required declaration and being accepted by AEC as candidate (in each successive case- but one renunciation might do for all future applications, unless foreign allegiance was re-attempted or readopted by implication/action/ or application by the candidate after renunciation made)
Further to this, any acceptance by AEC of Abbots application, where reasonably should have been aware of foreign allegiance may be an issue that could be raised with an ICAC under a mal-administration if he was not an incumbent perhaps??
Mr Brandis might have issue with this.. He can’t look into it! He would definitely be up for an accessory to the crimes of fraud, as he well knew! He was Abbott’s oxford buddy and colleague! AND where were he and his parent’s allegiances? By my reading of constitution s.44 it requires a renunciation of all foreign allegiances, obedience of such, or acknowledgment of such... wouldn’t that include his pro-Britain speeches/ oath of allegiance to the Queen (not Australia) recently if he hadn’t completed his RN?
Finally, why are others such as labour etc. silent? Julia was (welsh) Dual eligible too, and so was half the parliamentarians I would guess.. And you don’t have to be confirmed holder of dual.. you just have to have a conflict of interest and then not renounce (or fail to acknowledge/refuse option of dual) to be in breach...
See, is it a little clearer??
Wish I had the cash to go to HCA!
Kind Regards,
Interested Voter.
...