Showing posts with label Brian Shaw. Show all posts
Showing posts with label Brian Shaw. Show all posts

Friday, May 27, 2011

SUPPLEMENT TO AGREEMENT FOR OFFERING STATE/TERRITORY DEBT SECURITIES IN CONNECTION WITH THE AUSTRALIAN GOVERNMENT GUARANTEE OFSTATE&TERRITORYBORROWING

By Michael Byers Editor-In-Chief, Mikiverse Law.
Found this @: http://www.sec.gov/Archives/edgar/data/805157/000134100410001939/ex-g.htm and thought it might interest some of you.
EX-99 4 ex-g.htm EXHIBIT G -- SUPPLEMENT TO AGREEMENT FOR OFFERING STATE/TERRITORY DEBT SECURITIES
EXHIBIT G
EXECUTION COPY
SUPPLEMENT TO AGREEMENT FOR OFFERING STATE/TERRITORY
DEBT SECURITIES IN CONNECTION WITH THE AUSTRALIAN
GOVERNMENT GUARANTEE OF STATE AND TERRITORY BORROWING

This Supplement is entered into as of 14 October 2010, by and among Barclays Capital Inc., Barclays Bank PLC, Merrill Lynch International (Australia) Ltd and Merrill Lynch, Pierce, Fenner & Smith Incorporated (the "New Dealers"), the Commonwealth of Australia represented by the Department of the Treasury (the “Commonwealth”), Queensland Treasury Corporation (the “Issuing Entity”) and the Treasurer on behalf of the Government of Queensland (the “State”).

Reference is made to the Agreement for Offering State/Territory Debt Securities in connection with the Australian Government Guarantee of State and Territory Borrowing, dated as of 11 December 2009, by and among the Commonwealth, the Issuing Entity, the State and the Dealers named therein, a copy of which is attached hereto as Annex I (as amended or supplemented, the "Offering Agreement").

The Commonwealth and the New Dealers hereby agree as follows:

1. Defined Terms. All capitalized terms used but not defined in this Supplement have the meanings assigned thereto in the Offering Agreement.

2. Joinder of New Dealers. Each of the New Dealers hereby joins in and agrees to become a party to the Offering Agreement with all right, title and interest as a Dealer thereunder and subject to all of the terms and conditions thereof as if each New Dealer were an original party and signatory thereto.

3. Notice. The New Dealers’ notice addresses for the purposes of the Offering Agreement are as follows:

Barclays Capital Inc.
745 Seventh Avenue
New York, NY 10019
United States of America
Attn: Syndicate Registration
Telephone: +1-212-526-0015
Facsimile: +1-646-834-8133
Email: mtndskldn@barclayscapital.com

Barclays Bank PLC
5 The North Colonnade
Canary Wharf
London E14 4BB
United Kingdom
Attn: MTN Dealers
Telephone: +44-20-7773-9090
Facsimile: +44-20-7516-7548
Email: mtndskldn@barclayscapital.com



Merrill Lynch International (Australia) Ltd
Level 38
Governor Phillip Tower
1 Farrer Place
Sydney
NSW 2000
Australia
Attn: Debt Capital Markets
Telephone: +612-9225-6773
Facsimile: +612-9225-6551

Merrill Lynch, Pierce, Fenner & Smith Incorporated
One Bryant Park
New York, NY 10036
United States of America
Attn: High Grade Transaction Management / Legal
Facsimile: +1-646-855-5958


[Signature Page Follows]



IN WITNESS WHEREOF, the Commonwealth, the Issuing Entity, the State and the New Dealers have executed this Supplement as of the date first set forth above.

Signed for and on behalf of the
COMMONWEALTH OF AUSTRALIA
represented by the Department of the Treasury
by
Ken Henry /s/ Ken Henry
Name of Signatory Signature
in the presence of:
Sharon McCluskey /s/ Sharon McCluskey
Name of witness
Signature of witness

QUEENSLAND TREASURY CORPORATION

By:
/s/ Neil Castles
Name:
Neil Castles
Title:
Acting Chief Executive


THE TREASURER ON BEHALF OF THE GOVERNMENT OF QUEENSLAND

By:
/s/ Andrew Fraser
Name:
Andrew Fraser
Title:
Treasurer


BARCLAYS CAPITAL INC.

By:
/s/ Pamela Kendall
Name:
Pamela Kendall
Title:
Director


BARCLAYS BANK PLC

By:
/s/ Gordon Youl
Name:
Gordon Youl
Title:
Director





MERRILL LYNCH INTERNATIONAL (AUSTRALIA) LTD

By:
/s/ Daniel de la Cruz
Name:
Daniel de la Cruz
Title:
Director


MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED

By:
/s/ Teresa Radzinski
Name:
Teresa Radzinski
Title:
Managing Director



cc:
UBS Limited
Citigroup Global Markets Inc.
Citigroup Global Markets Limited
Deutsche Bank AG, London Branch
Deutsche Bank Securities Inc.
Australia and New Zealand Banking Group Limited
Commonwealth Bank of Australia
J.P. Morgan Securities Inc.
J.P. Morgan Securities Limited
Macquarie Bank Limited London Branch
Macquarie Capital (USA) Inc.
National Australia Bank Limited
Nomura International plc
Nomura Securities International, Inc.
Royal Bank of Canada Europe Limited
The Royal Bank of Scotland plc
The Toronto-Dominion Bank
Westpac Banking Corporation





Annex I

[Copy of Offering Agreement]

Tuesday, December 28, 2010

CLAIM OF RIGHT


TO ESTABLISH AND PERFECT

THIS LAWFUL

CLAIM OF RIGHT

Whereas it has been established by the Affidavit of John Harris that Elizabeth the Queen is in bondage to Evil Persons who now hold Her Majesty captive to their own Treasons; Evil Designs and Unlawful Purposes, contrary to Law;
Whereas a Claim of Right has been used in the past as with the Claim of Right of the Scottish Convention of the Estates;

Whereas, it is clear -

  • From the destruction of the World Trade Center buildings I, II and VII and the shameful deceptions that pass for official explanations that are not in accordance with the known Laws of Physics;
  • From abduction and torture and unlawful detention that is widely known to be practiced;
  • From the absence of Lawful Money in circulation anywhere on the planet;
  • From the widespread and pervasive practice of fraudulent finance contrary to Law;
  • From the evil practices of the State issued identity - "passports", restriction of the right to create or work, to buy and sell, to travel without hindrance about these Global Isles, surveillance, and other such practices contrary to Law;
  • From the declared and undeclared war on the very people of the united States of America and the world who are treated as "enemy combatants";
  • From false flag events that are used to foment war;
  • From the use of weapons of mass destruction, including biological, nuclear, depleted uranium, electromagnetic and geophysical weapons on the common people;
  • From the absence of Common Law courts in the English speaking countries;
  • From the absence of any challenge worldwide to these injustices from the United Nations, the Commonwealth or any Nation anywhere;
THAT the Rule of Law has been abrogated upon these Global Isles by the erstwhile Nations of the World and they have thereby forfeit their Mandate to govern the people;

THAT
Acts and Statutes enacted by erstwhile representatives of the people to maintain order via the authority that flows from the barrel of a gun have no Lawful force;

THAT
the Acts and Statutes that deprive the individual of their inherent rights to exist, move, create, and trade or dispose of their creations without causing harm or loss to any other individual or person and to thereby unfold their life, liberties and happiness are void ab initio and have no Lawful Force;

THAT
"loan contracts" which really are promissory notes circulated as if they were legal lender currency by the banks by fraudulent conversion are void ab initio and have no value;

THAT
humanity faces Armageddon itself as these traitors to humanity and the Rule of The Law foment war to disguise their folly;

THAT
the precedents and judgments of courts made under statutory authority with no lawful money in circulation have no Lawful Force;

FOR THE REASONS GIVEN,
I the founder, make this lawful Claim of Right to -

Establish the FOUNDATION OF THESE GLOBAL ISLES to:

Restore the Rule of The Law;

Collect, identify, collate, publish and thus eliminate the methods of legal plunder that infest society ;

Protect the Inherent Lawful Rights and Powers of the Individuals who comprise "We, the People" of these Global Isles;

Serve as a repository of true Natural Law, justice and due process;

Elucidate the Inherent Natural Powers and Rights of the Individual;

Circulate Lawful Money and end debt slavery and Fraud;

Create the lawful processes that enable Individuals to claim and exercise their Inherent Natural Powers and Rights including their inherent powers, rights and claims to existence, creativity, expression, self-protection, property, voluntary lawful contract, silence, privacy, travel and residence, trade and commerce, religion and philosophy, justice and trial by a jury of peers, to assemble, meet and confer;
Free those Entrapped by Evil Persons and and their Evil System such as, Her Majesty, Elizabeth the Queen;
Restore the Law of the Land - Natural and Common Law;

And to do those Acts that achieve the purpose of the Foundation within the Rule of The Law.

I, a decent individual declare that I am aware that my Being is grounded in Truth, and that I live, move and Become upon these Global Isles on the third planet from our lovely Sun. I hereby consciously claim my inherent right to exist, create and dispose of my creations without causing harm or loss to any other individual or person and so do hereby proceed to unfold my life, liberties and happiness.

I, a decent individual, by my inherent power and right given by Nature or Nature's God, hereby create, establish and adopt the name RICHARD MILES for myself, and claim all my inherent powers and rights;

I, a decent individual, RICHARD MILES, by my inherent power and right given by Nature or Nature's God, hereby create, establish and adopt the PGP key 7B0A 46DC CA6A 9A2E 26AB 2DF8 F527 C2F5? 9983 1405 for founder @ globalisles.org as my signature and mark on this Notice of Claim of Right.

I, a decent individual, RICHARD MILES, the Founder, by my inherent power and right given by Nature or Nature's God, hereby found, create, name and constitute the Foundation of these Global Isles, "the Foundation", and adopt the PGP key 51E6 A555 6FD9 C33B 83AB 3595 31C3 59B3 E38B 3743 for foundation @ globalisles.org as the seal and mark of
the Foundation.

The FOUNDATION OF THESE GLOBAL ISLES thus serves PUBLIC NOTICE of CLAIM OF RIGHT on the UNITED KINGDOM, the UNITED STATES OF AMERICA, the UNITED NATIONS, and on all the Nations of the World.

Verily my fellow countrymen on these Global Isles shall be those that live by Natural and Common Law - to live, exist, create and dispose of their creations without causing harm or loss to any other individual or person and thereby enjoy their life, liberties and happiness and build wealth and peace for themselves and their children.

The full force of Natural and Common Law shall be applicable at all times in all places and cannot be annulled by the declaration of emergency, war or other device by any State or entity.

PGP Signed on the 15th day of June, 2009
by Richard Miles

FOUNDER AND PROTECTOR

THE FOUNDATION OF THESE GLOBAL ISLES

Wednesday, December 8, 2010

IMPORTANT MESSAGE FROM BRIAN SHAW REGARDING WRITS SERVED ON STATE AND COMMONWEALTH GOVERNMENTS OF AUSTRALIA

Hi Everyone,

Prerogatory Writs of Mandamus were served in the High Court in Canberra at around 3.48 pm today, in an Australian first, against all the governments – State and Federal – in Australia.

We were very pleased to be a part of this move. We kept it very quiet for months, as the writs were being prepared, then ambushed them!

There will be more to come over the next days, and weeks. Methinks some pollies will not have a very happy Christmas!

It couldn’t happen to a “nicer” bunch of ass-holes!

In an historical first for Australia, all governments have come under the effect of the writs, and it will result in the formation of the King’s Bench. This Australian first may well mean that all governments will be dissolved. We’ll have to wait and see.

For more information on the writs, and what happened today, go to our new Free State Voice News web site;

www.freestatevoice.com.au

Read it daily.

I doubt if you will see it in the mainstream media any time soon!

Regards

Brian

Monday, November 22, 2010

EXAMPLES OF; MY WILL LETTERS

I was given this link by another freedom loving clever cookie and I'm passing it onto you. Interesting stuff that may assist you in your endeavours. It was written by the good people at Save the Bay and this was grabbed from; http://www.savethebay.info/index.php?title=Example_MY_WILL_letters
Introduction

Here are several examples of My Will letters written on a range of subjects associated with Western Port and Port Phillip bays. Use them to formulate your letter.

You will find both the text on this page, and a link to an example MS Word version of a letter to save you the trouble of laying it out.

Things to remember when composing a My Will letter:

  • Your My Will letter is first and foremost a petition to Her Majesty the Queen via her lawfully appointed Representatives (the ones you elected).
  • You must have your name and address on the letter.
  • Sign the letter and include a statement as per sample (I am one of Her Australian Majesty's respectful subjects, God Save the Queen.)
  • fax or post it, don’t email the letter, it requires your signature.
  • keep the letter simple, succinct and to the point.
  • Do not forget to also tell him you want to be kept promptly informed of his actions to your letter.

Not sure who to write to?

This will depend on whether it is a state or federal issue. The following are some suggestions about appropriate people to address the issue:

Federal Issue

House of Representatives

  • Your local representative
  • The Prime Minister
  • The leaders of the opposition parties
  • The minister responsible for the area of concern
  • Shadow ministers responsible for the area of concern
  • Any independents

Senate All of the Senators that represent your State.

State Issue
  • Your local representatives
  • The Premier
  • The leaders of the opposition parties
  • The minister responsible for the area of concern
  • Shadow ministers responsible for the area of concern
  • Any independents
Local Council

The Local Councils don't have any constitutional status, but democratically elected councillors uphold commonwealth law. (Read more here..). Consequently a My Will letter is binding on a local council member, as the Local Government Act 1989 that local councillors swear allegiance to is tied into the Commonwealth Constitution; which, by virtue of Section 5, is binding on all people in Australia- judges, police; all residents.

Issues concerning local councils should be addressed to the State government and any representatives that claims a local government portfolio interest, together with any party leaders.

Ultimately the State Government is responsible for the provision and maintenance of all infrastructure and they have effectively sub-contracted that task to Local Councils. However, how they structure their affairs to deliver services to you is not your issue.

If you don't get a response

If your representatives ignore you, or fails to respond as requested, then you have a number of options:

  • send a My Will letter to the Governor or Governor General depending on whether you are dealing with your State or Federal member. In it you ask him to take action by informing the government member who ignored you or failed to respond as requested to abide by his oath of office and duties according to the constitution and as reaffirmed by the High Court.
  • If none of these representatives respond according to your Will, then under the Magna Carta you can then partition the Queen with your documents.
Useful Links

The Government have provided very useful websites with all of the contact details of your elected representatives. You will find a set of links on our Contacts page.

Want to know more about My Will letters?

The original book titled "Your Will Be Done" was written by Arthur Chresby.

It is a simple, non technical, beginner's book of the true legal functions of the Queen, Governor General, State Governors, Parliament, Parliamentarians, and the People.

Many people think that they are a voice lost in the wilderness. They see a problem and know many people who see the same problem, however they don't know how to go about taking an effective action and getting a politician to take notice and act.

To quote Arthur Chresby - "It is your legal duty and obligation, and yours alone, to keep your Members and Senators fully informed, at all times, of your 'WILL". That is your true lawful relationship with your Members and your Senators."

You can read the book on line here and/or download a PDF version.

Example Letters
MS Word Example Document
This is an example letter in MS word format. It simply saves you the trouble of laying out and formatting a letter.

When doing a My Will letter its important that you refer to the Your Will Be Done book] as it shows how to address the letter to various levels of parliamentary members. It also explains how to respond if your member tries to fob you off, or ignore you.

Download example MS Word document for complete My Will letter details

Port Phillip Bay Channel Deepening

Mr. Peter Garrett
Minister for Environment, Heritage and The Arts
Parliament House
Suite MG 40
Parliament House
Canberra ACT 2600

Fax: (02) 6273 6101

Port Phillip Bay Channel Deepening

I know that it is my duty to keep you informed as to MY WILL on any matter that comes before the Parliament or should come before the Parliament.

Be informed that it is MY WILL that the Federal Government withhold approval of any channel deepening works in Port Philip Bay Victoria until such time as:

  • the extent of the proposed works is fully and correctly defined,
  • full and complete environmental impact assessments have been undertaken,
  • considered debate has been undertaken on the new extended proposed works,
  • the environmental impact and the ramifications are understood,
  • the proposed container terminal development in Western Port Victoria is assessed,
  • the electors of the local communities are consulted and informed,
  • the will of the people has been determined with respect to the channel deepening works.

As I have complied with my obligation to inform you of my will in this matter it is expected that you advise me of your personal action in representing me in accordance with your Oath of Loyalty in accordance with the Australian Constitution.

I am one of her Majesty's respectful Subjects, God Save the Queen.

Yours faithfully,



Letter on Industrial Development of Port Hastings

Port Hastings Development – Notification of My Will

I know that it is my duty to keep you informed of my will on anything that comes before Parliament, or that should come before Parliament.

Recently I have reviewed the documents made available for public comment by the Port of Hastings Corporation. From chapter 6 Potential Freight Task of these documents it is possible to extract the following figures:

Planned Capacity for 2035

  • 2.3 shipping movements per day (page 45)
  • 15 shipping berths (page 51)
  • 3,700,000 containers per year (page 51 : International + Bass trade)
  • 640,000 import/export vehicles per year (page 51)
  • 2,500,000 tones of petroleum exports/imports (page 51)
  • 1,900,000 tones of dry bulk per year (page 51)
  • 3,410 trucks per day (page 52)
  • 40 freight trains of 1.2km length per day (page 52)

Planned Capacity for the Long Term

  • 6.5 shipping movements per day (page 45)
  • 24 ships berths (extrapolated from page 51)
  • 8,200,000 containers per annum (page 44 : International + Bass trade)
  • 9,630 trucks per day (extrapolated from page 52)
  • 113 freight trains of 1.2km length per day (extrapolated from page 52)

Figure 15.6 on page 255 of Section D Recommended Port Land Use and Transport Strategic Study shows a 15 berth dock. A comparison with figure 15.1 shows that this clearly this does not reconcile with the planned longer term capacity and requirement to accommodate an addition 9 berths or 3.15km of dock (refer chapter 6 Potential Freight Task page 44). Rather, this would require doubling the length of dock shown in figure 15.6. It would also appear to require extensive destruction of Western Port and acquisition of considerably more land than declared. (copies of these figures are attached for your reference).

The impact of such development on the region would include:

  • The extensive long term of destruction of Western Port bay to:
    • construct 24 shipping berths.
    • handle 6.5 ships per day (they need 0.5km to turn around).
  • The noise impact of the train and truck transport.
  • The pollution impact of the train and truck transport.
  • The impact of the truck transport on Melbourne’s road system (93% of the transport will be to the north and west – chapter 6 Potential Freight Task page 45).
  • The impact of the freight traffic volumes on the Peninsula area.
  • The visual impact on the landscape.
  • The light pollution from the facility at night.
  • The impact on residents in the Western Port area.
  • The impact on the Bayside area suburbs of the increased traffic volumes.

IT IS MY WILL that you take immediate and ongoing action to ensure that with respect to any aspects associated with the development of Port Hastings that you:

  1. engage with the Victorian electorate, and principally the electorates in the vicinity of Port Hastings, to ensure that all citizens are all fully informed of the extent of planned developments and the full extent of the environmental and financial impact on the area;
  2. you determine the will of the people with respect to the development of Port Hastings and obtain a clear mandate from the people for this extensive redevelopment;
  3. you determine the full extent of the environmental impact of the proposed long term development of Port Hastings and obtain a clear mandate from the people for their acceptance of the environmental impact;
  4. you determine a comprehensive and just financial compensation plan for all Victorians impacted by this proposed development should it proceed, including those on the freight corridors;
  5. you report all of the Governments findings to the Victorian people via the Parliament to provide a record in Hansard.

As I have complied with my obligation to inform you of my will on this matter it is expected that you advise me of your personal action in representing me in accordance with your Oath of Loyalty in accordance with the Australian Constitution.

I am one of her Majesty's respectful Subjects, God Save the Queen.

Yours faithfully,


Saturday, October 23, 2010

GAVIN SILBERT'S LETTER TO JEREMY RAPKE

SUNDAY HERALD SUN OCTOBER 24 2010
Gavin Silbert

Gavin Silbert wrote a confidential letter to Jeremy Rapke in July. Source: Herald Sun

THIS is the confidential letter Gavin Silbert sent his boss, Jeremy Rapke, on July 19.

Dear Jeremy

Your letter of 29 June has caused me great concern, as it fails to deal with any of the history of the matters which you have raised in that correspondence.

I have no choice but to respond and make clear both the background and the circumstances that have led to this most unfortunate exchange of correspondence.

You have reproached me in your letter for being grossly disloyal and attempting to undermine your standing. I emphatically deny any disloyalty and deny that it was my intention then or at any time in the past to undermine your standing.

As you will undoubtedly recall, I have previously approached you on a private and personal level and indicated to you the concerns that were being expressed by various solicitors in the office of Public Prosecutions, members of the Victorian Bar and the judiciary about your relationship with Ms. Diana Karamicov, particularly considering your then relative positions, you as Director of Public Prosecutions, and she as a junior solicitor. At the time I first spoke to you I was unaware of her name.


I did not enquire of you then the nature of your relationship, but cautioned you as to the general perceptions of that relationship. You continued to associate and spend time with Ms Karamicov in a manner that was markedly different from every other solicitor in the Office of Public Prosecutions. The concerns of the groups of people to whom I previously referred continued unabated and increased, with the passing of time, as stories were then circulated about you attempting to interfere in her career by seeking to have her promoted within the Office of Public Prosecutions, and interfering in an area in which you had no statutory role, attempting consistently to advance her career well beyond that of a solicitor of her experience.

The position of Associate Crown Prosecutor is a public position funded by public monies, and I am, pursuant to s14 of the Public Prosecutions Act charged with managing the Crown Prosecutors and Associate Crown Prosecutors to ensure they function in an effective and efficient manner. I became aware that there was a possibility that you were considering appointing a number of Associate Crown Prosecutors and accordingly I enquired of you on two occasions who you were considering recommending for the position. You refused to tell me. Prior to these three appointments we had always discussed persons you were considering recommending for appointment in Prosecutor's Chambers.

I was concerned that the persons being recommended may have been persons who were unsuitable for the positions, which is what has in fact transpired.

In terms of the position of Associate Crown Prosecutor, the concept is generally speaking that they will be capable lawyers who have demonstrated some skill in the running of criminal trials at a more minor level and who will be given exposure and experience in more complex trials. Neither Ms. Karamicov nor Ms (aifthe Sunday Herald Sun has removed the name of the second lawyer for legal reasons) aifhave ever conducted a criminal trial in the role of counsel or advocate, and there has been nothing demonstrated by either to indicate that they are capable of so doing. The appointment of Mr (aifaifthe Sunday Herald Sun has removed the name of the third lawyer and the rest of this sentence for legal reasons).

There are many talented solicitors within the Office of Public Prosecutions who would make excellent Associate Crown Prosecutors, but they were not afforded the opportunity to apply for these positions.

I was concerned that at some stage your relationship with Ms. Karamicov would become a matter of public knowledge and cause the appointment to be regarded with significant disquiet. The office of Crown Prosecutor is an important office, in which the integrity of the office holders is of the utmost importance, as is the manner of their appointment. Because of my concerns that the appointment of Ms. Karamicov, and indeed the other two appointees, may have damaged that position, I tried to raise the matter with you but you would not speak to me and I had no alternative but to seek information about who was being recommended by your from other sources.

At no stage in my dealing with the Government, the Victorian Government Solicitor, the Solicitor for Public Prosecutions or any of his staff have I commented adversely on your standing, authority or reputation. Your standing and reputation with the solicitors of the Office of Public Prosecutions, Crown Prosecutors, members of the criminal bar and the Judiciary have been undermined by your own persistent actions and behaviour, which have continued and increased over the last two years, despite my warnings.

I was concerned as to whether you had disclosed to the Attorney-General the fact of your relationship and the nature of that relationship with Ms. Karamicov, but did not consider it my role to bring that relationship to his attention.

I reject unequivocally your assertion that there was anything improper in my approaches to John Cain and to the Attorney General. As a statutory appointee charged with specified duties, I maintain my right to approach the Attorney at any time and without reference to you. In each case I expressed my concerns at the proposed appointments based on the lack of qualifications and experience of the appointees. The need for me to make these approaches arose as a direct result of your conduct and your refusal to tell me the names of the three persons you had submitted to the Attorney-General.

Yours sincerely

Gavin Silbert.

DPP JEREMY RAPKE LASHES LEAKERS

HERALD SUN OCTOBER 24 2010
Jeremy Rapke

Jeremy Rapke has called for unity in the Office of Public Prosecutions. Source: Herald Sun

THIS is the full text of an internal memo DPP Jeremy Rapke sent to staff on Friday afternoon.

Mr Rapke has declined several requests from the Sunday Herald Sun to be interviewed over this controversy

I HAVE today become aware that the Sunday Herald Sun intends to publish on Sunday a letter written to me in July 2010 by Gavin Silbert SC, Chief Crown Prosecutor.

It was a personal letter in which Mr Silbert expressed his personal views about my recommendation of three solicitor-advocates as Associate Crown Prosecutors.

There has been a lot of discussion in the media recently about these appointments and I now wish to deal with the reasons that motivated me to make my recommendations to the Attorney-General.

In April 2010 I wrote to the Attorney-General, the Honourable Rob Hulls MP, recommending the appointment of seven persons as Senior Crown Prosecutors, Crown Prosecutors and Associate Crown Prosecutors.


In that letter I provided reasons to the Attorney for my recommendations.

I advised the Attorney that my recommendation that the three solicitors be appointed Associate Crown Prosecutors was part of my commitment to enhance and develop in-house advocacy in the OPP and to provide a recognised career path for solicitors who chose advocacy as a specialisation and excelled in it.

I informed the Attorney that the appointment of the three Associate Crown Prosecutors would significantly augment the ability of Crown Prosecutors Chambers to service my briefing needs, particularly in the Court of Appeal and in the area of specialist sexual offence prosecution.

It was in those two areas that I had experienced briefing pressures.

I was concerned to ensure that I was represented in higher court appeals and sex offence prosecutions by the most skilled and experienced specialist advocates.

I observed that the demands made by the Court of Appeal for ever more detailed and complex data and submissions had stretched my resources to the point that I was then having great difficulty in servicing the Court.

I advised the Attorney that I intended to use two of the three Associate Crown Prosecutors as specialist Court of Appeal advocates whilst also giving them appropriate opportunities to develop their general advocacy skills.

It was my stated intention that, initially, the Associate Crown Prosecutors would work in those areas of specialisation which I identified for the Attorney before developing the skills necessary to conduct trials and more complex criminal litigation.

Suggestions that any or all of the three solicitors lacked the necessary qualifications, skill or expertise to carry out the functions I designated for them are completely without foundation and are malicious.

A panel appointed by the Attorney-General to assess independently my recommendations confirmed the suitability of those three solicitors for appointment as Associate Crown Prosecutors.

The continued public denigration of these three prosecutors is a disgrace and reflects poorly on all who have been involved in the public campaign to undermine their standing and careers.

Further, the personal cost to these three people of their public vilification cannot be underestimated and is so frequently ignored.

One needs little imagination to appreciate how hurtful it must be to them to read in the newspapers of their supposed incompetence and lack of suitability for the positions to which they have been appointed.

The three Associate Crown Prosecutors have my full confidence and support.

Each of them is a fine criminal lawyer and advocate and deserved their appointments.

I call upon all prosecutors and staff of the OPP to rally behind these three prosecutors and to stop immediately the despicable and unwarranted campaign which is calculated to cause so much personal hurt and embarrassment as well as significant damage to the prosecution service of this state.

OPP LAWYERS SAY THEY WILL TESTIFY AGAINST JEREMY RAPKE

JAMES CAMPBELL SUNDAY HERALD SUN OCTOBER 24th 2010
Jeremy Rapke

Jeremy Rapke meets the press to refute claims about his relationship with a junior lawyer. Source: Herald Sun

FOUR Office of Public Prosecutions lawyers have said they will testify about the relationship between their boss, Jeremy Rapke, and a junior lawyer - if an inquiry is ordered.

The staff, furious over the decision by the Director of Public Prosecutions to promote solicitor Diana Karamicov, have independently confirmed their intentions to the Sunday Herald Sun.

The OPP has been in turmoil since July over Mr Rapke's appointment of three solicitors as associate crown prosecutors - a job that pays $140,000 a year.

"People would be lining up to give evidence," one of the lawyers said.

On Friday, Mr Rapke, QC, issued an internal memo to hundreds of staff accusing some lawyers of running a "despicable" campaign against Ms Karamicov and two other solicitors appointed alongside her.

Mr Rapke took the dramatic step after the Sunday Herald Sun told his office the newspaper had obtained a confidential letter from Gavin Silbert, SC, to Mr Rapke written in July.

It appeared yesterday that Mr Rapke's plea to staff and prosecutors to rally behind, instead of calming the situation, had inflamed matters.

"How dare he blame us for what he has done," one OPP lawyer said.

"We're the ones who are suffering because of this," one source said.

"He's the one who has embarrassed the office, not us."

In his letter, dated July 19, Mr Silbert, the Chief Crown Prosecutor, repeatedly accuses his boss of having a relationship with Ms Karamicov.

Mr Silbert also writes that Mr Rapke is interfering in Ms Karamicov's career by seeking to advance her beyond her experience and skills.

He also makes clear his belief that nothing in the three solicitors' previous careers had indicated they were capable of running criminal trials.

Today's publication of Mr Silbert's letter is set to reignite the fight within the OPP, which Attorney-General Rob Hulls is desperately claiming has been defused.

The four OPP lawyers have told the Sunday Herald Sun they believe Mr Silbert's assertion that Mr Rapke spent time with Ms Karamicov in a manner "markedly different from every other solicitor in the Office of Public Prosecutions" is correct.

They have said that, if called on, they could testify:

THAT Mr Rapke and Ms Karamicov were frequently alone together in his office late at night.

SOLICITORS who briefed Ms Karamicov complained they were afraid to criticise her because they feared she would complain about them to Mr Rapke.

THE relationship between Mr Rapke and Ms Karamicov was one of the reasons why the previous solicitor for public prosecutions left her job in May 2008.

The Brumby Government has ruled out an inquiry.

This month, Mr Rapke told broadcaster Jon Faine that he did not have a sexual relationship with Ms Karamicov, but refused to answer on Friday when asked if he had had a sexual relationship with her in the past.

The conflict inside the OPP has been the subject of rumour and innuendo in the legal district for months.

"He (Mr Rapke) is acting as though this is just something inside the office - it's not, it's the talk of Lonsdale St," one source said.

Victorian Government Solicitor John Cain, who interviewed the solicitors after concerns about their appointments as associate crown prosecutors were raised with Attorney-General Hulls, declined to answer questions about Mr Silbert's letter.

Mr Hulls also declined to answer questions.

Opposition Leader Ted Baillieu called on Mr Hulls to order an inquiry.

"There must now be an investigation extending not only to what has gone on in the DPP's office, but also to what Rob Hulls knew and when, and what his role has been in attempting to cover up this crisis," he said.

campbelljam@heraldsun.com.au