Peter Spencer - Not giving up - Back to the High Court

Peter Spencer is not giving up, he is taking his case all the way back to the highest court in the land - The High Court.

[first published March 21 in a Facebook post]

Peter writes: "'I am writing this brief to bring all supporters up to date with developments surrounding the ongoing court proceedings in the struggle for property rights in Australia.

This submission will is supported by a number of documents - being the High Court of Australia (HCA) - Application for Leave to Appeal and the HCA letter of acknowledgement and instructions.

I do point out the number of applications made to the HCA for Leave to Appeal are successful at the ratio of only 6% to 8% of the applications. 92 to 94% are rejected and that means for them - there is no other appeal path.

However, previously an Application to Appeal in this matter ACD 24 2007 was granted that right in appeal from the Federal Court of Australia (FCA) and the judgement of Emmet J and the FCA full bench.
This application was successfully heard, and Judgement handed down on September 1 2010.
It was significant in that all 7 High Court Judges agreed with our application.

In this matter, as submitted, we are saying that the FCA did not adhere to the HCA of Australia’s Orders handed down in the September 2010 Judgement. Therefore, there may be a higher potential for the HCA to hear this matter.

Further, I do point out in making that statement, that is only my opinion - I have no experience in such matters.

It must be appreciated; the Respondents have the right to defend the Judgement and oppose our submissions. 

Thank you all for hanging in there for the long duration – such a saga, and thank you for your ongoing support."
Peter Spencer

***
The immediate requirement is that Peter Spencer needs $10,000 of donations by about 9 April to keep this Appeal on track.

Payment Methods for the Farmers “Property Rights” Fighting Fund. Please remember any payment is appreciated and needed - Property Rights is a fundamental institution of our liberty.

Method 1:
Crowd Funding Link.
www.gofundme.com/property-rights-high-court-appeal?utm
Please provide an email to Leslie Hillam with details of any payment - see below.

Method 2:
Payment using “Pay Pal” facilities.
Supporters intending donations find it on Pay Pal web site.
This is the procedure –
The supporter goes to the PayPal site on the web and accesses the payment indicator advising that they want to pay money.
The page will request the code needed to identify who the payment is for. Then type in this ID –
ozpond@live.com
and that is the access code to the instructions and payment will process thru to the farmers “Property Rights” fighting fund.
Please provide an email to Leslie Hillam with details of any payment - see below.

Method 3:
For direct payments to the “Tower of Hope” Bank Account.
The “Tower of Hope” Bank Account details.
National Australia Bank.
BSP No. 082 535 Account No. 48 464 3925 The account is in the name of the:
Peter Spencer - “Tower of Hope” National Australia Bank.
Please provide an email to Leslie Hillam with details of any payment - see below.

Method 4:
For direct payments to the Fighting Funds Bank Account in Dubbo
The fighting fund Bank account details are as below:
BSB No: 032646 Account No: 494974 The account is in the name of the:
“NSW Regional Survival Group Fighting Fund” at Westpac in Dubbo

Farmers Fighting Fund Administrator’s Contact details:
Lesley Hillam: e-mail address: lesley.hillam@bigpond.com
For any assistance with payments regarding all above methods and notice of all payments.'

***
Please go to the Support Peter Spencer & Australian Farmers Facebook page for a lot more information posted there last night in a 4 part series

Part 1 - advice provided by Barrister Peter King to Peter Spencer dated 28 February 2018
https://www.facebook.com/permalink.php?story_fbid=10157258718078047&id=234917523046

Part 2 - Application for Special Leave to Appeal
https://www.facebook.com/permalink.php?story_fbid=10157258924763047&id=234917523046

Part 3 - response letter from the High Court confirming Spencer's application for special leave and setting out the timeline for further submissions
https://www.facebook.com/permalink.php?story_fbid=10157258956508047&id=234917523046

Part 4 - Peter Spencer's email & links to articles published by Alan Moran and David Evans

Peter also writes:
"I intend to brief as many farmers as possible, on the judgment, the decision to attend the High Court for “Leave to Appeal” and the reasons.
Anyone who can organize meetings - 50 or so farmers and as many meetings in one general area as close together so my visit is productive.
https://www.facebook.com/permalink.php?story_fbid=10157259021058047&id=234917523046

Cold heart response to Gulf fires

“I love mankind, he said, "but I find to my amazement that the more I love mankind as a whole, the less I love man in particular.”
― Fyodor Dostoyevsky, The Brothers Karamazov

It may be unfair to say that animal rights activists love animals as a whole but could not love a single animal however from observation I do believe that animal rights organisations have no love for the people who actually do care for animals. Rather than just talk about animal welfare, those that walk the walk placing time, finance and emotional commitment into the direct care of animals are the farmers of this country; not only domestic animals raised for food for all Australians but also by cohabitation, native wildlife found on farms and especially through active rangeland management of larger cattle & sheep stations.

A measure of the love for another person, ideal or in this case animals can be the response to a single event especially one of some urgency. There is unfolding now an event of much urgency that has a high probability of a dire outcome. In the gulf area of north Queensland there have been fires of an epic scale. In the image below developed from the NAFI website compare the size of the shaded areas of fire events to the 100km scale on the lower left hand corner.

 

The Townsville Bulletin reported in its 22^nd December issue, Hope fades for Gulf Country miracle

CATTLE are dying slow deaths in the Gulf Country after bushfires of unprecedented ferocity reduced more than two million hectares of grazing land to scorched earth.

With no grass left, cattle are surviving on leaves and ash. On Kutchera Station 90 kilometres north-west of Georgetown at least 500 head have died, most of them from starvation. Weak cattle are bogging at the edges of waterholes where they become easy prey for the dingoes and pigs which have been quick to take advantage of this on-going calamity.

Rural Press reporter, Troy Rowling has written a comprehensive report complete with photos, Hard work up in smoke.

Seasonal rain, at least 2-4 inches (50-100mm), is needed to extinguish the last of the fires and begin the healing process.

However, the heavens are yet to respond.

At time of print, the seven day forecast saw no rain, the 28 day forecast saw no rain and the latest Bureau of Meteorology modelling does not indicate when the monsoon will move down.

If there is no seasonal rain, it is predicted the Etheridge Shire will require at least $500,000 every fortnight until there is rain to provide enough fodder to keep cattle on affected properties alive.

Queensland Country Life accompanied State Agriculture Minister John McVeigh as he took to a helicopter to visit affected properties last Thursday.

While in Georgetown he announced the Newman Government would immediately donate $100,000 to the Bendigo Bank Far North Queensland Bushfire Appeal to help affected Gulf Producers, which was also launched at Georgetown on Thursday.

Try putting yourself in the shoes of the owners and managers of stations burnt out in these areas; a fire that has left a bare blackened landscape horizon to horizon; of surviving cattle weak, staving and bogging at waterholes; of the despair of the situation and no short term outlook for rain. Then have a kick in the guts while you are down when yesterday PETA issued a media release of such jaw dropping ignorance and heartlessness that was published very widely including the Courier Mail and The Australian; this from the Townsville Bulletin, Prosecute farmers for cattle deaths: PETA.

Others have said it better than I could such as in this blog post, Ethical treatment of animals = unethical treatment of people

PETA’s response to this urgent circumstance is just so, so wrong. PETA’s action is that devoid of any humanity or love that it leaves in its wake a soul destroying carcass of cold empty despair.  

The human race is better than that, both in our treatment of each other and for animals under our care. To give credit where credit is due individual animal rights activists are raising awareness of the disaster in north Queensland on Animal Australia’s facebook page. These individuals are showing that even though they have a fundamental disagreement with the principle market for cattle from this area, live export, they are prepared to do what they can for the livestock in these areas.

 However to date the organisation Animals Australia has shown its alignment with PETA’s position by its stony silence to the unfolding events. Any funds spent by Animals Australia directly on animals for their welfare is very nominal as revealed by their own campaign material. Another organisation that professes love for animals in general but cannot transfer that to practical aid to an animal in need especially if it may indirectly help the real caregivers, farmers.  

If you are able to help here are the links to BendigoBank Far North Queensland Bushfire Appeal and to Aussie Helpers

Peter Spencer Update November 2012

The following has been submitted by Ian Hampton. Ian has tried to keep Peter Spencer followers informed on the other site only to have his discussions & comments repeatily deleted by the person who holds the creator status.

“The latest hearing in the on-going Spencer b. Commonwealth of Australia case was held on Monday 12 November in front of 3 judges including Chief Justice Keane constituting the Federal Court of Appeal.  Peter Spencer was represented by barrister Peter King; the Commonwealth is represented by the Commonwealth Government Solicitor (CGS).

 

Peter Spencer has appealed a decision by Justice Emmett denying Spencer access to Cabinet documents as these documents are subject to “public interest immunity”.

The day was fundamentally about the Commonwealth of Australia opposing Spencer’s appeal on the basis that the evidence produced for the Appeal is not applicable.

This turned out to be a gruelling day.

Peter King started his oral submission and spoke for a long time…  re-stating Spencer’s position that (in the light of the High Court decision), Spencer should have access to the cabinet documents he has requested.

Then Howard (for the CGS) went through Spencer’s statement of claim disputing King’s submission on points of law.

King then disputed Howard’s arguments, including putting forward the morality of the case.  Peter King was very good in his oral submissions arguing his interpretation of two High Court precedence cases with regard to parliamentary privilege, he certainly has given the judges something to think about.

The 3 judges then reserved their decision – to be handed down at a later date.  These 3 judges have previously (supported Justice Emmett and) ruled in favour of parliamentary privilege; whereas the unanimous decision of the High Court in September 2010 in Spencer’s case is that parliamentary privilege is not absolute and is open to discretion if it will result in a loss of justice to Mr Spencer.    In effect the Federal Court judges are between a rock and a hard place.  If they support Emmett and the Commonwealth – they are finding against the High Court decision. 

To say the least, the decision of the 3 Federal Court judges will be interesting.

The tactics of the Commonwealth are obvious – with infinite resources the CGS can keep on putting up delaying tactic after delaying tactic to continue to frustrate and hold up progress of Spencer’s case in every way possible.  And unfortunately, the law responds and deals with this matter very very slowly….  It can be seen that the Law (as a whole) only gets stirred into action (and becomes responsive) when there is real public pressure.”

 

Later published related discussions

Peter Spencer Update December 2012

SPENCER GAINS GROUND IN FEDERAL COURT

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