Update November 30 - A new post where daily updates of the court proceedings by Ian Hampton. Please go to Peter Spencer: Court diary
by Ian Hampton, Cooma, on behalf of Peter Spencer
 |
| Tony Abbott as opposition leader at the Peter Spencer farmers rights rally February 2010 photo sourced farmonline |
Peter Spencer will need financial assistance to
enable his “day in court”. After 8 years
of effort, countless directions hearings and a notable success in the High
Court of Australia in 2010, his case Spencer v. Commonwealth of Australia will
be heard in the Federal Court, Sydney from the 24 November this year.
Spencer has done his homework and believes he has
the ammunition to prove his case, however the problem is that the Australian
Farmers Fighting Fund (AFFF) which has been financing Spencer’s courtroom case
in the Federal Court has withdrawn its funding with the finish line in sight. The AFFF have offered no coherent reasoning
for this withdrawal of funding and actually state that they are still
considering the issue, however the time is now and Spencer needs funding to
continue.
Spencer’s immediate problem is that he is required
to pay up-front costs including the expenses of the witnesses he calls, filing,
record keeping, printing and stationary costs.
At this time his own finances are exhausted because of the eight year
war of attrition he has fought against the might of the Australian Government
Solicitor representing Australian Governments of both major parties. The other
respondent to the case is the Crown Solicitor’s Office of NSW representing the
NSW Government.
As discussed below, this is enormously important
for farmers directly affected by native vegetation legislation, and indirectly for
all private property owners.
BACKGROUND
Many regional people will remember Peter Spencer's
52 day hunger strike in late 2009 and early 2010 over farmer's property rights
and its link to Australia's climate change commitments. The hunger strike led to a more than 3,000 strong
farmers rights rally in front of Parliament House in February 2010 and the Senate Inquiry
into Native Vegetation Laws, Greenhouse Gas Abatement and Climate Change Measures later in the same year.
Spencer’s case and the hunger strike arose out of
his inability to properly farm his property "Saarahnlee" at Captains Flat near
Cooma, NSW following imposition of more stringent native vegetation laws by the
NSW Government in the early 2000s.
IMPORTANCE OF THE CASE
 |
| Alan Jones with Peter Spencer outside Parliament House, Feb 2010 photo sourced, Farmers’ fight for rights won’t end with protest |
If Spencer wins, the likely outcome is that the
case will be treated as a test case which should result in a flow on of
compensation to the thousands of Australian farmers who have been similarly
affected by the imposition of native vegetation legislation after the meeting of the Kyoto Protocol target in 1999.
Further, Spencer v. Commonwealth of Australia is
the most important property rights case to be heard by any Australian court
since Mabo. If Spencer succeeds this
case will re-assert the primacy of the Australian Constitution over the
on-going erosion of private property rights by Australian Governments of all
persuasions at all levels of government.
CAN SPENCER WIN?
Yes, if the case is truly heard.
Spencer’s case hangs on Section 51(xxxi) of the Australian
Constitution which allows the Parliament to make laws for the acquisition of
property on just terms from any state
or person for any purpose in respect of which the Parliament has power to make
laws. The
issue is that while the Commonwealth must pay compensation, the States are not
required to. The basis of Mr Spencer’s
claim is that state and federal governments colluded to introduce land clearing
legislation to lock up carbon on Australian farms through native vegetation
legislation so Australia could meet carbon targets in the Kyoto protocol. To win, Spencer must prove the intent of the
Commonwealth to obtain carbon credits enabled by the “Australia Clause”
inserted into the Kyoto Protocol Agreement in 1999, orchestration by the
Commonwealth of the imposition of native vegetation legislation by the NSW
Government (in Spencer’s case), and that the Commonwealth actually obtained
gain through the resulting carbon credits which are clearly shown in the IPCC
carbon accounts following application of the native vegetation legislation. The IPCC accounts clearly show that these
carbon credits have enabled Australia to meet its carbon targets set in the
Kyoto protocol. In essence this is
Spencer’s trump card because it can be clearly shown that the Commonwealth has
gained through the stored carbon.
The more important issue is that THIS IS A CASE THAT MUST BE HEARD. This is a once in a generation opportunity
for the courts to reassert the primacy of the Australian Constitution over the on-going
machinations of Australian Governments at all levels to restrict and control
private landowners use of their land.
HOW TO ASSIST
The NSW Regional Community Survival Group Fighting
Fund account is now dedicated to assisting Peter Spencer’s court case.
The RCSG is based in Tottenham NSW, and is an incorporated not for profit group
with a long history of fighting for farmers rights and assisting farmers.
Electronic transfers to
the "Fighting Fund" can be made to the following account:
BSB
032646 Westpac Dubbo
Account
No 494974
To enable record keeping - please “label” the transfer with your
name. If you want a receipt – send either an e-mail or fax to Lesley
Hillam -
fax
number 02 6892 4449
***************
Property Rights Australia will also accept a cheque in the mail payable to PRA Fighting Fund Account. Please include a note that the funds are earmarked for the Peter Spencer's court case and a return address so that a receipt can be issued.
Send the cheque to PRA Office PO Box 609, Rockhampton Q 4700 and the office will forward the funds on.
UPDATE # 1
On Monday 10 November - Peter Spencer will submit his list of witnesses with the reasons why they are important to the case.
On Wednesday 12 November - Peter Spencer will appear before Justice Mortimer to argue the reasons why he wants to call the witnesses.
UPDATE # 2 Monday 10th November
The hearing on Wednesday 12 November will be at 2:30 PM in the Federal Court, Queens Square CBD Sydney before Justice Mortimer. Peter Spencer will be arguing the reasons why he wants to call the witnesses on his list. We can anticipate that the Commonwealth and NSW Government Solicitor will be opposing most if not all of them.
The hearing on Wednesday 12 November will be at 2:30 PM in the Federal Court, Queens Square CBD Sydney before Justice Mortimer. Peter Spencer will be arguing the reasons why he wants to call the witnesses on his list. We can anticipate that the Commonwealth and NSW Government Solicitor will be opposing most if not all of them.
UPDATE #3 Tuesday 11th November
Tomorrows Witness Application Hearing has been delayed, and the hearing is now SET TO START AT 4:30 PM.
Tomorrow is not the start of the trial, but it is nevertheless a very significant day. By now, those that Spencer wants to call as witnesses know who they are, and you can bet that the Australian Government Solicitor (for the Commonwealth) and the Crown Solicitor’s Office (for NSW) will be going all out tomorrow to have them all struck off the list.
Win, lose or draw, one of the outcomes is that the Judge will have to read through the reasons WHY Peter Spencer wants to call each one. In other words, the witness list and Spencer’s reasons will paint a picture for the judge of the parts played by all of these “worthies”.
.
Thanks, Ian, for this timely update on Peter Spencer's vitally important landmark case. All property owners should get behind Peter at this 11th hour as a win for Peter is a win for all Australians. How incredible that the AFFF should withdraw its funding at such a vital time - how 'fishy' is that!
ReplyDeleteAs the article says, "The more important issue is that THIS IS A CASE THAT MUST BE HEARD. This is a once in a generation opportunity for the courts to reassert the primacy of the Australian Constitution over the on-going machinations of Australian Governments at all levels to restrict and control private landowners use of their land."
The trial starts 24th November, goes till December 12th. The Federal court, Queens square is very close to Martin Place and St James stations. Without property rights, just what can we bequeath our children? A life of serfdom perhaps?
ReplyDeletethis could be a pivotal case. I met with Peter in town today. the donation site details are correct. Property rights are analogous to human rights. Spread the word.
Wanted to put my name to the post. It may be sticking the neck out, but this issue is just too serious to remain anonymous. I am Dr Jim Sternhell. I can be contacted directly at climaterealistsbondi@gmail.com
ReplyDeleteNothing is more important than property rights-without the right to own property, we can ONLY become serfs. This is the reason why this case is so crucial. I will try to find out if Peter has electronic fund raising available or a direct deposit site. We did have one a while back.
Dr Jim - please have a little patience while the new "Fighting Fund" account is set up.... I will advise details as soon as possible.
ReplyDeletePatience today will be required before sprinting to the finish line in the Cup. Just hope the judge can be physically there, not just by video conferencing. People have started spreading the information.
ReplyDeleteDr Jim - it is good that interest is growing. We hope to create a storm of interest as the court case gets closer.... watch this space.
ReplyDeleteOver the last week or so Peter has been preparing final written submissions and preparing a list of potential witnesses to be called.
We have confirmed the details of the NSW Regional Community Survival Group Fighting Fund account which is now dedicated to raising money to assist Peter Spencer's case. These details are posted at the bottom of main post about Peter Spencer.
ReplyDeleteUPDATE - SPENCER v. COMMONWEALTH OF AUSTRALIA
ReplyDeleteOn Monday 10 November - Peter Spencer will submit his list of witnesses with the reasons why they are important to the case.
On Wednesday 12 November - Peter Spencer will appear before Justice Mortimer to argue the reasons why he wants to call the witnesses.
Appreciate these further updates, Ian.
ReplyDeleteGood comments from Dr Jim Sternhell. Property rights are crucial to our freedom, and Peter's case is in all probability a pivotal one.
UPDATE # 2
ReplyDeleteThe hearing on Wednesday 12 November will be at 2:30 PM in the Federal Court, Queens Square CBD Sydney before Justice Mortimer. Peter Spencer will be arguing the reasons why he wants to call the witnesses on his list. We can anticipate that the Commonwealth and NSW Government Solicitor will be opposing most if not all of them.
If you are close enough to Sydney and have the time – Peter would really appreciate your presence. We have a view that the legal system (like any other arm of Government) works best when it is subject to public scrutiny.
I would like to support Peter in his court case yet I also fully support the retention of native vegetation on freehold land. Farmers are on the front line in the Climate Change stakes and just compensation for proper management of native vegetation on their land will be critical to the challenges ahead. The current regime on offer (emissions avoidance) under the Carbon Farming Initiative is woefully inadequate to compensate those farmers and land managers already doing the right thing. A robust carbon trading scheme will benefit farmers through drought and flood, providing an alternate revenue source to traditional production during hard times, reducing the need for farmers to beg for drought assistance.Therefore I would like to support Peter, providing the outcomes do not result in additional native vegetation degradation. Can you indicate whether the object of this case is to abolish the NVA or to procure just compensation for carbon capture on freehold land.
ReplyDeleteSharyn - these are some of my opinions and it is a bit of a ramble.
DeleteI would say that the object of the case is to obtain "just terms" compensation for the carbon capture (that is property that has been stolen), but it is also an attempt to re-assert the Constitution against the machinations of all 3 levels of Government to reduce the ability of landowners to make use of their land, for the stated good of the community. All with blunt legislative instruments, with the onus of proof strongly placed on the landowner (unfair), without compensation and most often as a political fix, rather than as actual good policy.
For example - much of the "native vegetation" is regrowth and its "retention" under the Native Vegetation laws results in growth of a mono culture, which is a poor environmental outcome.
Above all, I see this as a social justice issue - WHY should a sparsely distributed minority be made by legislation to achieve a "fix" for Australia's obligations under a political fix (Kyoto), which has caused tremendous damage to those farming families for no compensation or payment??
I don't really understand the carbon farming initiative - so I wont comment... Except I don't "see" why "Farmers are on the front line in the Climate Change stakes" - why NOT the big carbon dioxide emitters??
Ian, thanks for the prompt reply. When I say farmers are on the front line in the climate stakes, I mean farmers are the ones that will be most affected by changing climactic conditions, particularly the impacts of more severe droughts in the future, salinity issues, soil degradation, heat stress, flooding and erosion. I find it particularly obscene that farmers have to beg for drought relief, while the government quietly steals a valuable resource by refusing to compensate for carbon storage. I totally agree with the premise that landowners have had the rug pulled out from under them, in regards to the structure of the current NVA. Combined with the impacts of mining, where landowners have no say over what lies beneath the ground it is a double indignity to be now told they have little rights to just compensation for what sprouts above the surface.
DeleteI absolutely believe the big carbon emitters should cough up the compensation to pay landowners for carbon capture. In effect we are currently subsidizing their business models with Direct Action for no return. What I don't understand is why Nationals are so welded to the Liberal Party, it goes against all reasoning to be joined at the hip to a Coalition that is so hell bent on disregarding the rights of landholders. An ETS is very much in the interest of those of us that live on the land. Beyond an immensely valuable agricultural contribution we also hold a part of the key to carbon capture and storage in the way we manage our native vegetation.
Balance is the key. Good policy would be the National Party fighting for the rights of landholders to just compensation for land management practices that care for our most valuable resources, not the pretend concern currently on display by My Joyce.
I am a conservationist but I am also a realist.
European settlement has significantly altered Australia's natural landscape, and with it, Australia's biodiversity. About 90% of native vegetation in the eastern temperate zone has been removed for agriculture, industry, transport and human habitation. About 50% of Australia's rainforests have been cleared and the proportion of Australia covered by forest or woodland has been reduced by more than one third
We are only short term inhabitants of the land we own and the times they are a changin'. We need to achieve the proper balance and at the same time procure just compensation for our extraordinary contributions as stewards of our most valuable resource.
Urgent UPDATE #3
ReplyDeleteTomorrows Witness Application Hearing has been delayed, and the hearing is now SET TO START AT 4:30 PM.
Tomorrow is not the start of the trial, but it is nevertheless a very significant day. By now, those that Spencer wants to call as witnesses know who they are, and you can bet that the Australian Government Solicitor (for the Commonwealth) and the Crown Solicitor’s Office (for NSW) will be going all out tomorrow to have them all struck off the list.
Win, lose or draw, one of the outcomes is that the Judge will have to read through the reasons WHY Peter Spencer wants to call each one. In other words, the witness list and Spencer’s reasons will paint a picture for the judge of the parts played by all of these “worthies”.
Good luck Peter
Yes, it is 4.30pm Wednesday 12th at the Federal Court. It will be good to have some support.
ReplyDeleteThoughts and prayers are with Peter today - from afar.
ReplyDeleteYes, second that, Elizebeth. I thought that I could get down to Sydney, but events at home have prevented that.
ReplyDeleteUPDATE #4
ReplyDeletePeter Spencer and Alastair McRobert were both very happy with the proceedings in the court this evening which they consider to have "gone well". The hearing was fundamentally about preparations leading up to the trial.
WITNESSES
Peter's submission to the Judge is huge amounting to 120 submissions dealing with the 30 witnesses he wants to call. The 2 respondents (Commonwealth and NSW) have also submitted their response to Spencer's submission, objecting to the witnesses being called. Peter now has until Monday to prepare a response to their objections. Rather than dealing with objections in the hearing, Her Honour is going to assess all of these submissions in Chambers, and make her findings about the witnesses early next week.
PROGRAMME
Some time was spent outlining a programme for the 3 weeks of the trial, including providing for the appearance of witnesses.
SPENCER'S MAIN SUBMISSION
Peter Spencer was granted an extension of time and now has to present his main submission for the case as a whole by this Friday at 5 PM.
Thanks Ian. So far so good . . .
ReplyDeleteAlthough things seemed to go well yesterday, it could be "soft kill" - a common leftist tactic where they do the right thing, acting decently and correctly then shaft you at the last second. The Taliban did the same thing- did the right thing to garner support than revert to their usual barbarity. We still need help at the trial- especially note taking to be able to rebut the Commonwealth's argument.
ReplyDeleteRemember, all animals that lose their territory either die or must live in servitude(like an ant or bee colony.) Here we see deceit as the weapon instead of the usual brute force.
Update November 14 - A new site dedicated to Peter Spencer was launched today. Please go to Peter Spencer versus The Commonwealth
ReplyDeleteUPDATE #5
ReplyDeletePeter is continuing to work flat out on his Final Submission for which he has been granted an extension until Monday morning.
All the very best to Peter for tomorrow morning - he never ceases to amaze me.
ReplyDeleteThat new Peter Spencer versus The Comonwealth site looks very good, Dale. Just had a quick glance over it, and will read it in more depth when time permits.
UPDATE PM 17 NOVEMBER
ReplyDeletePeter Spencer and his volunteer team filed the final document of his final submission this morning at 4:30 AM.
This was after an incredible weekend of work and a horse riding accident and injury to Cara Morgan.
Peter Spencer is very very grateful to all the people who have helped him get this far in large ways and small, from assisting with (for example) reviewing documents, lots of practical help, making donations and simply making supporting comments on this page. This is truly the people's case.
While there is some smoke around about an offer from the AFFF to resume funding the case.... categorically that is NOT the case.
UPDATE 18 NOVEMBER
ReplyDeletePeter Spencer and his immediate volunteer team have spent the day planning for the case including working on the court calendar and determining and allocating tasks that will need to be carried out over the course of the trial. These tasks include a "Master (or Mistress) of Ceremonies" to coordinate volunteers, managing court transcripts and photo-copying.
The team are feeling "on the up" and moving forward - people are rallying and coming together...
If you can help during the 3 week trial starting Monday 24 November - please comment or make a post to the Facebook page https://www.facebook.com/pages/SUPPORT-PETER-SPENCER-AND-AUSSIE-FARMERS/234917523046 for the attention of Angela Muller.
A breakthrough today is that a city lawyer has made available an office in Macquarie Street that the team can use as a city base that is close to the Court.
UPDATE 19 November
ReplyDeletePROPERTY RIGHTS CASE OF THE CENTURY IS STARTING 5 DAYS FROM NOW
Spencer v Commonwealth of Australia
Please turn up IF YOU CAN.... justice works better with public scrutiny...
Court Case commencing 24th November 2014 for 3 weeks – Federal Court of Australia, Sydney NSW. Even spending an hour there on a number of days would be helpful.
Detail Federal Court of Australia and the court sittings:
Court Sittings:
10.15am-12.45pm and 2.15pm-4.15pm
Location
The Federal Court Registry in New South Wales is located on levels 17 - 22 of the Law Courts Building Queens Square Sydney. The building fronts both Phillip Street and Macquarie Street. The street address for the building is 184 Phillip Street, Sydney.
The entrance to the building is from Queens Square and can also be accessed from Phillip Street or Macquarie Street. The building is shared with the Supreme Court of New South Wales and the Sydney Registry of the High Court of Australia.
The public enquiry counter is located on level 17. This is where you will need to go to file documents and forms.
Courtrooms are located on levels 18, 19, 20, 21 and 22.
There are noticeboards on level 17 and on the ground floor opposite the entrance which show details of the cases which will be heard by the Court each day. The noticeboards on levels 18, 19, 20, 21 and 22 show similar information.
With thanks from the Spencer team...."May the force be with us!!!!"
UPDATE PM 20 NOVEMBER
ReplyDeletePeter Spencer has been allowed to issue subpoena's to three witnesses from his full submitted list of 28 witnesses. Importantly, Spencer is not precluded from making a specific application about specific (new) witnesses (from the list) as the case proceeds.
This, in spite of the objections of the two respondents - the Commonwealth Government Solicitor and the NSW Crown Solicitor.
This is a clear win for Spencer - the respondent wanted none of these to appear.... however (for example), the witnesses may prove to be critical in exposing informal arrangements between the Commonwealth and NSW if the documentary evidence cannot be found during the trial.
The Judge has clearly rejected the Commonwealth's often repeated claim that Spencer was "fishing" and "trawling", and apparently a new concept that their high office, or previous high office and prominence might tend against them being called...
NO guys - you are as subject to the law as anyone else and NOT immune from giving evidence....
UPDATE PPM 20 NOVEMBER
ReplyDeleteBREAKING NEWS - have a look at the great article here http://joannenova.com.au/
UPDATE PM 21 FRIDAY 21 NOVEMBER
ReplyDeleteThe three witnesses who have been issued with subpoenas for the Spencer v. Commonwealth of Australia trial starting on Monday are:
Mr Charles Armstrong - past President of the NSW Farmers' Association, currently Board Member of the Australian Farm Institute and Chair of the National Farmers Federation.
Dr David Kemp - who was Minister for the Environment and Heritage from November 2001 to July 2004. He is currently Chairman of the Old Parliament House Advisory Council.
Mr Mal Peters OAM - also a former President of the NSW Farmers' Association and currently Chair of Regional Development Australia...
Can't help wondering if the political - agricultural - environmental elite of that period of history might be thinking that their cage is being rattled?
Thanks so much, Ian for your regular updates - all very encouraging news to date.
ReplyDeleteWith potential justice for Peter (and others) at the door, I pray that further ongoing support for him is forthcoming. Wonderful to see Joanne Nova lending her support also.
Monday morning is D-Day. We need a couple of people to help move documents from the AGS (MLC building) to the court. I reckon there will be 4 boxes full. I have one moving trolley. Not sure if I can borrow a trolley from AGS.
ReplyDeleteIt is important for the judge to see there is public scrutiny of proceedings. Even if you can be there for an hour, they need to know that Australians do care about property rights. Throughout history, the landless have had very few options in life- the army, the clergy, death or serfdom. With limited opportunities in the first 2 options, there are not many options left.
I can be contacted on 0405 107 086 on the morning for coordination of picking up documents.
Jim
UPDATE - Day 1 of the trial 24 November
ReplyDeleteThe most important event today was the opening statement by Mr Kirk, the barrister for the NSW Crown Solicitor's Office.
Two things stand out - BOTH respondents (Commonwealth and State) are flatly denying the existence of any informal agreement or understanding between the Commonwealth and the State beyond the applicable legislation and relevant published intergovernmental agreements. The thrust of the rest of his statement was that the State had the ability to restrict Spencer's ability to clear timber on his land under legislation that existed before the Commonwealth involvement in native vegetation legislation after Kyoto, and that consequently Clause 51 (XXXI) of the Constitution (Commonwealth must pay just terms compensation for property taken) does not "come into play"...
From what I can see - neither Peter or Alastair were fazed by Kirk's opening statement.
UPDATE - Day 2 of the trial 25 November
ReplyDeleteIn his opening statement, Mr Lenehan for the Commonwealth covered pretty much the same legal ground as Mr Kirk did the day before for NSW.
By contrast, in his oral opening statement, Peter Spencer started with the Magna Carta and traced the evolution of freehold title in Australia back to the foundation of Government in 1840 .
Spencer then went through the history of international, national and state government agreements and legislation linking environmental issues and native vegetation. Spencer traced a line of continuity from the First International Conference on Environmental Issues in 1950 and its Native Vegetation Advisory Workshop through to 2003. Important steps along the way included the 1972 International Conference Declaration of the UN on Human Environment, the 1992 Rio Earth Summit (the UN Framework Conference on Climate Change) where Australia signed the treaty, the resulting 1992 National Strategy for Ecologically Sustainable Development (signed by PM Hawke) and the 1992 National Greenhouse Strategy which was endorsed by the Council of Australian Governments (COAG).
In effect, the intention to take the benefit arising from the sequestration of carbon, through the native vegetation legislation of 2003 as the primary mechanism for meeting Australia's greenhouse gas commitments, was the logical outcome of the 1992 strategy.
So, the three opening statements have been completed - GAME ON.
Tomorrow morning the Judge will decide which documents from both sides are in or out. The afternoon will be taken up with the expert witness evidence of Dr David Evans for Spencer and by Mr Sturgess, a senior bureaucrat for the Commonwealth.
UPDATE - Day 3 of the trial, Wed 26 November
ReplyDeletePeter Spencer had a good day in court today. Just as important, Peter is growing in confidence and really finding his feet as a self litigant.
The day started with the Judge expressing concern about the unavailability of former Howard Government Minister, Dr David Kemp when the Spencer team attempted to serve him with a subpoena last week.
The CGS and NSW Crown Solicitor then tried to "knock out" all of Spencer's witnesses with case law. Justice Mortimer adjourned the hearing to consider these submissions. She returned after a short break to confirm that the evidence of the two expert witnesses on the UNFCCC National Carbon Accounting System, scheduled for today could go ahead. The examination of these two witnesses - Dr David Evans for Spencer and Mr Sturgess for the Commonwealth went well.
Justice Mortimer will announce her decisions about the remaining witnesses tomorrow morning.
A long way to go - but definitely as good day for Peter Spencer.
Today is one of the crucial days-Peter is in the witness box. Hopefully he performs as well in the witness box as he did in cross examining Mr Sturgess. Hopefully he keeps his cool. He did just start losing it right at the end of proceedings yesterday when he wanted to point out that a tendered document contradicted a witness. It strikes me that it was a crucial point. Today really is a day to be there for moral support.
ReplyDeleteForgot to mention. Justice Mortimer did note that one of the key witnesses we called for is evading his subpoena. Suggests there is something to hide.
ReplyDeleteUPDATE - DAY 4 of the trial, Thursday 27 November
ReplyDeleteJustice Mortimer "knocked back" only one of Peter Spencer's nominated witnesses, in response to submissions from the Commonwealth and NSW Crown Solicitor to "knock out" all of them. This does not substantially affect Peter's case - good news.
Since then, Peter has been in the witness box. At the end of the second session, Peter was still being cross examined by the CGS (for the Commonwealth) and NSW Crown Solicitor. Consequently, we are not allowed to report on any of this until after he completes his evidence - scheduled to be lunchtime tomorrow.
Thanks for the reports, Ian and Jim - mostly very encouraging news so far, but the pressure on Peter must be enormous. I pray that God will continue to give him strength and that he will ultimately gain the victory he deserves.
ReplyDeleteUPDATE PM Friday 28 November
ReplyDeleteSpencer case now in the news: http://www.farmonline.com.au/
SECOND UPDATE - DAY 5 of the trial, Friday 28 November
ReplyDeleteFORMER HOWARD GOVERNMENT MINISTER WILL BE IN THE WITNESS BOX NEXT WEEK
Peter Spencer was cross-examined by the two barristers for the Commonwealth Government and the NSW Government until the end of the afternoon session. The cross examination is now over. Unfortunately, we can't report on this yet because Peter is still under oath. He is returning to the witness box on Monday, allowed 15 minutes to provide corrections to any mistakes he may have made in his oral evidence.
Next week will be mostly taken up with witness statements and cross-examination.
On Tuesday, Justice Mortimer will announce which documents from both sides are admissible and which are inadmissible based on the arguments from the opposing sides.
The Court has ordered that Dr David Kemp, former Howard Government Minister for Environment and Heritage contact Peter Spencer about his availability to appear as a witness next week.
Ian, Thanks for your wonderful updates.
DeleteI wish I could be there daily. But life goes on in our small rural environment.
If there is a particularly important day - judgement...or etc, let me know (email: sceptic101@me.com) and I wil try to do the trek.
Again, Thanks
Geoff - I can't nominate a day... I expect there will be scheduling and rescheduling of witness appearances depending on their availability. Obviously Peter's questioning of Dr David Kemp should be a highlight... but Peter is (A) waiting for him to advise about his availability, and the (B) for the Court to schedule his appearance... Will definitely post when I know more about the witness scheduling
DeleteUPDATE Sunday 30 November
ReplyDeleteToday the Spencer v. Commonwealth legal team is reading witness affidavits and preparing for questioning the 13 witnesses scheduled to appear this week and next week.
The admissibility of documents will be critical. On Tuesday, Justice Mortimer will announce which documents from both sides are admissible and which are inadmissible based on the arguments from the opposing sides.
Not only will what happens this week be critical, it also promises to be intensely interesting. Get along if you can - the sessions are 10:15 to 12:15 PM, and 2:15 to 4:15 PM. If you can't get along - we will do our best to keep you informed in this blog.
An insight into Spencer's motivation and understanding of the man can be drawn from something he said in 2010.
"My concerns are directed at the families of the hundreds of farmers who have suicided and the politicians who have failed to show any concern, compassion or morality for what the government has done to these families and the nation's Constitution."
~ Peter Spencer
From a news article by Online Political Editor, Samantha Maiden published in The Australian, 2010.
SOS News Has an item:
ReplyDeletePETER SPENCER vs GOLIATH
CORRECTION:
"Peter Spencer is in court Tuesday 25th November 2014"
The email we received from one of Peter's team arrived on Monday morning mentioning tomorrow WITH NO DAY OR DATE ----- hence we published Tuesday 25th in our last newsletter. Correct detailed communication is paramount to expect team work. The day & Date was Monday 24th November 2014.
SOS-NEWS now has reverted back only dealing direct with Peter
What's Happening
Peter still remains under oath being back in the Federal Court Monday 1st December 2014 on the 22 level of the Law Courts Building Queens Square Sydney that will be continuing all week with witnesses. Can You Attend and support Peter during this weeks sessions?
One feature of this case has been the inability of the people’s ABC media quoted “we are unable to field a journalist to cover this court case”. This ground breaking historic battle for the farmers of Australia on the world stage and the ABC (Australia’s Bullshit Castle) can’t get there. We can only assume the same people are still pushing government halt buttons to control the flow of adverse media?
Further conspicuous by absence is all other Australian main stream media obviously on the same button control of government with the ABC it would seem.
Emails from all over the world are overflowing here at SOS-NEWS seeking reports with great interest as to the Spencer case which could have massive ramifications across the globe pending the outcome.
When Peter can break silence from being sworn as a witness, SOS-NEWS will have an exclusive interview with him bringing you up to speed, hopefully tomorrow (Monday 1st December 2014).
Harry Palmer
I'll let that go through to the keeper
DeleteThe silence from the media is deafening! Otherwise good news, and tomorrow's update should be interesting.
ReplyDeletePeter Spencer: Court diary - This is a new post where Ian can continue to provide his daily updates of the court proceedings.
ReplyDeletePeter Spencer's appeal starts tomorrow in the Federal court (21B) Interlocutory at 9.30, then hearings continue. Goes from Monday February 27 to Thursday March 2. We need as many people as possible throughout proceedings to let them know we , the People value our property rights.
ReplyDeletePlease support this cause.
Delete