JOHN ASTER FAMILY
Lot 9 mathers road
Malanda Queensland
AUSTRALIA ( AUS )
Tel: 61 7 40965 998
AXJ ® PRESS AUSTRALIA
Sydney, 07-08-2010
This Australian family is fighting for their grandchild Fiona Aster. You too can join the fight around the world for children's rights to know and grow up with both their parents and equal parenting time. Join AXJ 24/7/365
Re: Judicial Neglect of European Human Rights
I. CONSTITUTIONAL STANDING AND LAW
To ensure the implementation, by States Parties, of treaties in areas such as arms control and disarmament and of international humanitarian law and human rights law, and call upon all States to consider signing and ratifying the Rome Statute of the International Criminal Court.
No ratifications to the treaty but are ablighed to The Constitution provided that the British monarch be represented in Australia by a Governor-General, who was originally appointed on the advice of the British, not the Australian, government, and was generally a British aristocrat.
Finallly, the Constitution provided that any law of the Australian Parliament could be disallowed within a year by the British monarch ( acting on the advice of British ministers ), though this power was never in fact exercised.
In summary, the constitutional position of the Commonwealth as a whole in relation to the United Kingdom was, originally, the same as that of the individual colonies before Federation.
The Australian Constitution
Sec. 61. The executive power of the Commonwealth is vested in the Queen and isexercisable by the Governor-General as the Queen’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.
The formal title Queen of Australia was only adopted through the Royal Style and Titles Act[2] enacted by the Parliament of Australia in 1973
The present monarch is Elizabeth II, styled Queen of Australia, who has reigned since 6 February 1952. She is represented in Australia by the Governor-General, in accordance with the Australian Constitution and Letters Patent from the Queen.[1][2] In each of the states, the monarch is represented by a governor, appointed directly by the Queen on the advice of each of her respective state governments.
Leave to appeal....
http://www.freedom-advocac
http://www.freedom-advocac
Court order of ASTER 7 HWANG (No. 4) [2010] FMCAfam 754 File number 484 of 2008 was not not Court stamped and it is required for ICC or European Court.
II. LEAVE TO APPEAL
I am writing to the Governor of Queensland due to my belief that there is Judicial Neglect in my case and I require help.
The presiding Magistrate Denmack is not concerned that I have begged basically for assistanceof the police to deal with the fraud and false allegations made by the respondant whohas made many false statements and allegations 9 months after a suggested event, and 2 days before the Court Hearing.
Par. 3."The issues include matters which Mr. Aster say are of a criminal nature which he says he has referred to a police officer in Queensland. I have no interest in these criminal matters. They are not for me to determine. They are not for me to prosecute. I do not intend to make any comment with respect to whether any offences have occurred during the course of the trial by myself or by any other person. Mr. Aster, during the course of his submissions, appeared to be making an oral application for me to withdraw, and whether I was able to, in fact, conclude the matter. I am not at all clear as to whether that is an application for me to recuse myself on the basis of bias or apprehended bias".
Has ordered for the surender of the original and all copies I have made of the secret recording of an assessment which has errors within the report, and including within the tape is not to cross swords with the children's lawyer or himself as "I destroy people in court". Also there is talks of asking questions if I own a gun and shooting myself.
The magistrate removed my barrister which was not talked about in the court room the first time and for some reason the transcripts have been altered slightly that she ordered his removal. My Lawyer is registered on the High Court register and yet she ordered for this to be requested however there is the refusal to provide evidence if he is not, and also refusing to allow me to use him even as a lawyer and not as a barrister.
I am without any opportunity to succeed in obtaining shared parenting rights over my daughter when my rights to be represented in Court have been denied.
The Court has not allowed me to have the mother on the stand now for 5 days of trial now, and yet it seems that at least 4 more days are likely to be used to try to incriminate me. This is unconstitutional and I appeal that the case be declared null and void until I can have proper legal representation assigned to me by the Court.
The judge told me on the stand that I could not speak of any false allegations that I could not remember happened, unless I spoke of them on the stand.
My best friend who did the supervisions was illegaly subpeana by the Children's lawyer on the first 3 days of trial, and only 2 days before the trial started. I know this to be unlawful due to Glenys Head contacting her own independant legal advise and so I was not able to cross examine as it was the Children's lawyer. I had other questions to ask but they were denied.
The Judge is not concerned that the mothers lawyer signs affadavits within Legal Aid which allowed such errors when signing of documents as an example "one morning I got up early to go to my classes... and about three or 4 times I saw John upstairs sleeping on the couch naked." and yet removed all the affadavits from the court and where there were no witnesses, and yet would not permit my witness to enter the court room, would not allow me to ask questions of my own mother on the first day of hearing some 4 months ago, and has systematically denied my mother to be on the stand.
I was informed that I cannot speak or even instruct my attorney while under oath. I feel this is unfair so when I could not handle that this after 2 years in a court, where I thought only could have a 2 day trail and could not deal with matters that had criminal implications to them, and that the family court had to hear the cases. Now it looks like 8 days and still I am getting pretty concerned, why is this legal?
III. CONFLICT OF INTEREST
The mother works for the Department of Justice but I was denied knowing this as it was accidently reported to me by the Psychiatrist. Now I am concerned there is a conflict of interests and that the Judge should recuse herself from this case.
I am concerned that the mother gets an interpretor, that I have witnesses who clearly are aware that both the mother and interpretor are just sitting and listening each time when I know she has done 2 advanced english courses, works for the department of justice, and even the Psychiatrist was asked by my lawyer at the time ( for which he got into trouble for asking lay questions from a professional ), however, one of these questions was simply "did she speak and understand perfect english"? The answer was "yes" and i know she speaks and understand well.
I have done no wrong. I once threw an envelope at the mother, and yet clearly the children's reporter ignored the evidence which was before the Court of the mother pointing knives at herself and my daughter, which the mother even admitted to police, and the mother's lawyer is always trying to suggest that it never happened, when in fact the evidence is in "black and white". As a result of this incident I broke two teeth which has been documented at the Brisbane Royal Hospital. I have the exrays and a medical certificate which was faxed to both the mothers lawyer and the children's lawyer and the children's lawyer and was asked by the judge where I was, and the children's lawyer responded that he didn't know. That was a lie.
I believe, and so does the Psychiatrist, that my time was limited because in his words, I "pissed off the judge". I did this by speaking to government telling them that I thought I had freedom of speech to advise that this is so cruel and that I have evidence of the mother making false allegations for which I have never seen in 16 times in Court and that don't include about 20 times of filing. I feel this is just crazy to put someone though all this for thowing an envelope.
The judge suggested that I was nassistic and deemed by myself and my ex lawyer as being so, and sent me to the Psychiatist with no such diagnostic. I am only concerned about them having one assessment made and I feel that no assessments of any significant reporting has been done by the children's reporter or the psychiatrist regarding my child.
The Chldren's reporter ignored that even after giving him information that the original children's lawyer omitted and did make mention as it being "new evidence" but was in my initiating application and affadavit that I threw the envelope and the mother used knives, never once has either of them reported on this.
I feel I am beiing tortured in respect to a PACE Alert application which has been requested for its removal for so long now. THe mother only became an Australian citizen so that it may look as though she wanted to stay.
I feel hurt that I have missed so much of my daughters life, and yet the main and only Dr for the mother, my daughter and I before seperation stated I was the principle carer of my daughter. I have many affadavits from good and respected members of the community which have known me for many years, some more then 20 years, and did not believe nor hear any yelling or anger from myself or my 2 closest neighbours.
Even now, there is video evidence of a phone call I have with the mother and now she states she trained my daughter for toilet training when it was me who did this.
There is a lot that happened which the first judge, the first children's lawyer and the first mothers lawyer have now left this case to make it even more complex when they realised that I was not happy with how they ignored evidence and have been begging them to show them they simply didn't respond to my emails.
The Magistrate, I don't think, understands that I, due to being left under oath and not having the right to speak about my case, could not stand down and had to take anger management courses, and even PPP Parenting courses for fake things that were stated by the mother. For example, that I left bottle caps around the house, but I don't drink beer. There has never been a photo taken of me ever where I was even holding a beer.
I don't understand if there is fraud on the Court, how people can make assessments of the belief of what the mother has been saying is true, and the Psychiatrist saying that no one seems to have a problem with the mother. I just can't understand how they are all ignoring and refusing to allow me to have the police investigate even with proofs that my daughter was removed from me by making so many false allegation in the beginning. Also suggesting she was on 5 day courses yet when looking at the enrollment of my daughter finding that at the max my daughter was 3 days in day care per week.
I don't feel it is right that I was stopped trying to extend both of our Domestic Violence orders in state court, and to hold the case open until I have proved that the mother has made false allegations and I was written to by the mothers lawyer to either cease or that she would commence proceedings as myself being a vixatious litigant and being so despressed at the time and the mother had barristers in both state and federal court and womens legal aid lawyer and the fact that I could not get even a lawyer to represent me funded by legal aid, and so I had no chance to fight or even to attempt then to continue with the state court.
I desperately tried to get Federal Police and state police and including CIB to investigate the false allegations which were used to take my daughter from me. The courts even were not told when raising an emergency court hearing and leaving me with only 1 working day to prepare a response and I had no interest in making false allegations, when all I have done is defend the ones being cast upon myself.
IV. NO JUSTICE IN FAMILY COURTS
I feel that there is no justice nor does the court deal with justice in family courts.
I wrote via my state member for information about why I was denied a lawyer, and have yet to receive a reply nearly 4 months, and only after many complaints, did they finally come back with offering telephone numbers of 1 hour service places, however it was pretty hurtful that I could not tell me why they were denying me a lawyer.
When I caught the mother lying after about 3 court appearences, the mother removed my daughter from the day care without telling me. I never would do anything wrong in fear of them making it worst for me. Yet it seems they don't care that I had to travel 544km to see my daughter who only lived 8km away from me.
They ignored that the mother and mother's lawyer broke agreements with me to allow my daughter to see me which was agreed to before going to mediation as I was concerned that they were going to keep these mediation conferences in secret and yet I can't speak about them when the mother made her own suggestion of what happened on subpeana material to the court that I was only asking for equal parenting time.
The worst is that the judge would not allow me now to bring up anything I could not think of as false allegations on the stand, and refused to allow me to grab notes. This just seems crazy when there was no such restriction imposed on the children's lawyer or the mother's lawyer or the mother.
I didn't think it was fair refusing to give me transcipts which had lots of errors but also not giving them until the 27th of the 28th day of appeal time, and I was one day out of time and I was denied my appeal.
If this is law then I don't understand. I attack the letter I provided to the courts which the Psychiatrist has stated that I was a danger to society. I was pretty shocked. I have had many good people review this and I feel that anything which would show someone in bad faith working for the judicial system then means that you are nassistic and now a danger since I am continuing to fight to be a dad and I have always been the best Dad and so many know and have seen this.
Please help me. I really would desperately like to show the police at least 4 major false allegations of the mother. Then once they see I am right, then showing them the rest, which I think in the last court trial were 300 false allegations. I am also working on proving some of the other issues to finally be released from this world of torture.
I can understand now why 1/3 of all fathers are removed and why there are stats in Australia that 5 fathers 1 mother and 1 child commit suisde here in Australia ever day.
The courts are not at all considerate to children, they ignored everything except basing decisions on not real evidence and ye making assessments the same way.
I snapped about putting up my case onto facebook and I explained to the court that this happened only as a result of shear desperation. I explained this was due to Per minas.
The courts drilled me for hours on this and I was asked so many times that I have fogotten how many.
I really hope that I can show you that I am concerned parent and ask why this is allowed here in Australia.
I don't feel we are lucky anymore, just farmed for money then pushed out of existence. I am begging for help.
Even now there are some fake emails before the court, I want the police to see the origninal email which was forwarded to the mother as it will contain who wrote the original email in the header of the email as I did't write them. I don't even have a copy of the mothers last affadavit, and I think it would be a waste of time asking the mother's lawyer since everything else I have asked for has been ignored.
The mother did finally admit to having property over in South Korea that she had interest in. But it was suggested that there was only worth $50,000 Austrlaian dollars and that it was used up in a wedding over in South Korea when there was no reception for even the guests, but they all paid money as gifts and then my ex boasted that her father made a good profit and refused to show the books with who paid the money, and stated also that she had brought $10,000 into this country, which I presume was 10,000 won, but she refuses also to show she had brought it over, and yet I was told all the way through my relationship with the mother that the rental property which had a $120,000 bond to it (as they didn't pay rent as such) was sold and given to her mother to buy shares in Samsung.
I wanted to keep the false allegations of what the mother had done secret, so that I could present the evidence to the mother but now it was forced out of me and I think this was just not correct since she can now prepare answers to the evidence I have and to allow time to come up with further lies to bring before the court.
The children's reporter stated that the videos I provided as being evidence that the mother had lied, and I even included a letter of all it, were ignored and yet I could show were were a happy family.
Videos that could cleary see the harm the mother is causing our daughter and how much she loves her Dad. I don't want to conceal this type of evidence when I feel it is a crime to ignore all police evidence and simply go with the mother's allegations.
I hope that this doesn't have to get worst. I am asking for you to help with initiating police to assist with action to prove at least 4 major accounts of the mother committing fraud and then deal with the other matters.
I wish that no harm be done to me for breaking of the Gag 121 Legislation if I can prove there is fraud in my case, and that there is evidence of criminal activity on my Face Book account. All I ask is for the police to do is to act appropiately since the judge has already ordered accordingly that she will not act or investigate nor deal with the fraud.
At the last days of trial (now total 5 days in the federal Magistrates Court) have transpired and after the Children's barrister keeps asking me if I promise to destroy all evidence of the secret recording I did on Dr Chalk which could be needed for the Medical Board to study this person.
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