Demand a Royal Commission into the flawed justice system of South Australia

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South Australia, the State of Injustice. 

This is the title of Robert Moles eponymous book in which he lists the frighteningly expansive list of injustices in the State.   The tragic "Road to Nowhere", Kapunda Road hit-and-run by Eugene McGee (local lawyer and former Police Prosecutor) of cyclist Ian Humphries angered the South Australian community.  There was sustained media and political criticism of the police and the legal profession and its regulatory systems when Mr McGee was only found guilty of driving without due care, fined $3,100 and lost his driver's license for 12 months. 

The Henry Keogh case is another into which a major inquiry is needed. Maybe because of the mass media coverage the DPP filed a nolle prosequi in 2015, a legal manoeuvre meaning the DPP had “voluntarily” decided not to proceed with the case.  That means the case against him is not necessarily over and nor is he entitled to compensation for being wrongly imprisoned for two decades and for the abuse of power heaped on him for at least 11 years by the legal system of South Australia and by a political process that failed.

There is no avenue in South Australian law for a former prisoner to seek financial compensation as a result of a miscarriage of justice (or dropped charges) and the South Australian government is under no compulsion to make any payment.  His best option would be to seek a one-off ex gratia settlement payment, but of course this process is highly discretionary, somewhat arbitrary and without transparency.

Then there are the appalling paedophile cases, St Ann’s Special school and St Martins Lutheran school, St Peters and Prince Alfred Colleges and Families SA.  Serial pederast South Australian Magistrate Liddy’s rare and valuable coin collection and other historic items was protected and will be returned to him upon his release whilst his victims received a paltry $10,000 each for their broken lives.

In a State that boasts of it's "tight knit" legal community, it is clear that if the legal fraternity is heavily invested in the outcome, there is no justice for the victims. 

South Australian lawyers for the Independent Schools have to protect their clients from (potentially) millions sought in compensation from victims. It took a 10-year legal battle for a sexually abused St Ann's special school victim to be rewarded compensation and there was a series of failings by SA Police to bring Perkins to trial when due to a “systems” error he was given bail and absconded.

It was argued that there was no cover-up, but documents showed that the church was advised by lawyers to quarantine the then-archbishop - Leonard Faulkner - from knowledge of the abuse allegations. The current South Australian Chief Justice was the “high level” investigator during the original St Ann's special school inquiry.

There is a tight-knit legal community in South Australia where reciprocity reigns and favours are owed along the way.  Lawyers become SC's and then judges and South Australian Legal system resembles a cabal of untouchables who operate at all levels. Hansard re parliamentary debate on 10 June 1981 made the statement that "The Law Society is assuming Mafia proportions" and that the Law Society is a "secret society".

MY STORY

In 2005, my father JC Irwin a 20-year Liberal politician passed, leaving a (then) $15m estate to my two brothers and myself that was distributed in 2008.  Bob Piper, of Piper Alderman lawyers was a family friend and wrote the Will and Piper Alderman administered the Estate.  Piper Alderman is a top tier Australian law firm and Bob Piper the legal “guru” in South Australia. 

Shockingly, instead of distributing our inheritances they “gifted” each beneficiary with a multi million-dollar tax bill (mine was round $3.5+ million).   The Piper Alderman lawyer and Executor was also “appalled to be jointly and severally liable” (without any benefit) so she didn’t liquidate the company.  The fiduciary breaches would mean an unwanted burden on the South Australian legal insurers indemnity fund and that would affect all the state’s lawyer’s premiums so they either had to hide their mistake or else be liable for a catastrophic payout; "potentially the largest in the State of South Australia history".

To hide this, loans have been adopted (instead of the original Final Distribution that resulted in a huge unfranked dividend tax to the Estate).  The original distribution was rescinded to avoid the taxes and another distribution method adopted.

In spite of churning accountants to hide the backdating and even a Court-ordered liquidation of the Company, they still had to get someone else to “sign off” on my behalf (even though I am a beneficiary/executor of my father’s estate) because to show me the manipulated books would be legally compromising.

How could they arrange that and take me out of the picture?  By bankrupting me and having a bankruptcy Trustee sign off on my behalf.

The liable parties found a suitable bankruptcy trustee who would go along with the Agenda.  He is a 10-year partner and ex Director of the Court-appointed liquidators.

It took two attempts to bankrupt me because there is no jurisdiction or legal merit as I am an overseas resident and have no business activity in Australia.  The first failed attempt in early 2015 and second attempt in 2016 resulted in a sequestration order that was granted in my absence.  I was unable to attend as a result of 11 days in ICU with a lung infection as a result of broken ribs and was not given medical clearance to fly.  The medical certificate was ignored.

I was bankrupted in my absence with no jurisdiction, no address, no business activity, no Medicare card, no ABN, no anything.   I am a resident of Dubai, UAE.  This illegitimate bankruptcy was purely to get someone to “sign off” on the manipulated accounts on my behalf and to hide the malfeasance in the administration of the Estate.

My Mother is independently wealthy and a high net worth client of Piper Alderman and she would be liable as the Director of the Company (an asset of the Estate); not good PR for Piper Alderman.

So I have been made the scapegoat.

James Porter, partner of Piper Alderman is a long time Liberal party cabinet colleague of John Howard Government and family friend.  He was also nominated as an Executor to the Estate.   John Howard is a personal friend of my Mother. His late brother Stan Howard’s wife is her best friend.  John Howard and Chris Jordan the current Commissioner of Taxation are friends as Chris Jordan worked for John Howard.  The Managing Director of the Estate accountants, Ernst & Young (who resigned in 2010) is a long time partner of Chris Jordan at KPMG.

Johnson Withers is also liable as legal advisors to my eldest brother as it was my eldest brother who instigated the breaches of Piper Alderman.

The SA Attorney General Mr John Rau is an ex Partner of Johnson Withers as is the current Chief Justice Chris Kourakis.  Hon John Rau (in a move that has caused a lot of disquiet among senior members of the SA Bar Association) was recently made an SC whilst not being on the list and making his application well after the deadline.  Chief Justice Chris Kourakis absented himself from consideration the application, although it should be noted that the current Government has appointed every Judge of the Supreme Court.   There is some disquiet that the judiciary could be seen to be an Executive arm of the Government. 

The South Australian Supreme Court has determined that there are "loans" to the beneficiaries as a result of payments having been made "directly" (emphasis) and by respective rulings have avoided the catastrophic imposition on the SA Law Society indemnity fund and the damage to reputations of legal peers. 

Evidence has been suppressed, which is not a first in South Australia (think Henry Keogh and countless other cases) and a judge in his last case before the Supreme Court granted a liquidation order.   That same judge, now in the Federal Court heard the defamation case against Fairfax (regarding an article “Treasurer for Sale”) brought by Joe Hockey who won the case.   He was awarded $200,000.  Rather oddly that case was held via video linkup from Adelaide.

The unacceptably “tight knit” legal community in South Australia results in collaborations to pervert the course of justice and here was a problem impacting on Adelaide legal aristocracy.  It had to go away.

You would think I would be regarded by the ATO as a dream taxpayer – someone who refused to partake in a tax evasion scheme, but apparently not.  The ATO lawyers told me in 2012 that there was “high level intervention” when I asked how intentional tax evasion was being overlooked and the perjurious 109RB’s were allowed by the ATO to be withdrawn for being “out of time”.

The bankruptcy creditor is my middle brother, who is also the sole trustee of an undistributed estate of which I am a one third beneficiary.  He has adopted the role of “saviour” helping out our Mother, eldest brother and legal friends by bankrupting me.  If I am the beneficiary of a (purportedly) undistributed $20m estate, as argued in the South Australian Court by all the liable parties and by Dr Bleby QC, now South Australian Solicitor General how can I be insolvent? 

I wouldn't know because in spite of being an Executor, I haven't been shown any accounts since 2008.

How can I be insolvent when I haven't received my inheritance, as a "loan" is not an inheritance?

The debt claimed by my middle brother is for $38,000 for legal costs for a Claim that has since been admitted.

I am being placed under duress to sign a Statement of Affairs (“SoA”), now for 252 days.  Generally after 14 days of not completing a SoA the Official Receiver can put a bankrupt in jail or introduce hefty fines, however I refuse to perjury myself.   In spite of 8 months of repeated threats of jail, nothing has happened, although living out of a suitcase for 8 months is a form of incarceration.

Last year I was visiting Adelaide for a few days and returning on 25th July on Emirates EK441 to Dubai (where I have lived since 2012).  On the night of departure to Dubai, my brother the creditor confirmed via a mobile call to my sons that they had dropped me off for the 10:35pm flight and “alerted the authorities” (as my Mother has publicly boasted).

My brother rang one of my sons and told him "your father is not leaving Australia tonight”. 

The passengers of the Emirates flight EK441 on 25th July 2016 did not board until 9:30pm and in an extraordinary coincidence, the Emirates flight developed “technical issues” however the passengers were not informed until 11:30pm of this technical issue “possible “smoke in the cockpit”.  We all sat on board for the duration until disembarking.

There was no incidence report recorded for this Emirates flight until I approached Australian Transport Safety Bureau seven months later.  “Smoke in the cockpit” is a reportable and serious incident.  It has now been filed as “lighting fuse in front toilet”. 

A large police presence was seen and up and down the gangway, but of course without the paperwork they were unable to remove me from the flight on 25th July 2016.

However the very next morning, the bankruptcy trustee having been "tipped off" sped through the paperwork to the AFP without an Affidavit and I was detained when attempting to board EK441 on the night of 26th July. I was returning overseas to complete my SoA within the permitted time and had only come to Australia to clarify aspects of the document with the Director, my Mother.  Now I can never complete it.

It also poses questions about the role of Australian Financial Security Authority (“AFSA”) and Federal and SA Police and other Government departments in this matter and the assistance of “high level” friends in the Government and the Adelaide Airport authorities. 

Was this with the knowledge or assistance of Emirates airlines or not? 

How much does AFSA and the relevant Government departments know and are they complicit in this conspiracy among a lot of liable and well connected people to pervert the course of justice given the strong Liberal party connections at a Federal level.

It has been repeatedly brought to the attention of Hon. George Brandis and the newly appointed Australian Government Solicitor was previously at Australian Securities and Investment Commission (“ASIC”) and ASIC have been informed of this matter for years.

The Federal Court judge appointed a month later by Chief Justice Kourakis to “case manage” my bankruptcy after EK441 was stayed, is the wife of the Ombudsman of Police.  She refused to recuse herself.

If you consider that given the magnitude of this 11-year problem and the potential catastrophic liabilities in the multi millions (and the ramifications for so many people), there is a desperate need to get my signature on a SoA stating a “loan” and the amount of no 32 will be adjusted later. 

Further certain judicial members, one now retired and one now in the Federal Court have been instrumental in ignoring and suppressing primary evidence and thereby implicating the State of South Australia in tax evasion and it is the covering up that constitutes tax evasion.

The real story here is the role played by “independent” members of the judiciary and relevant Government departments and Ministers in seemingly assisting legal peers and Liberal party friends.

This is not an isolated event and there are thousands of South Australian cases that raise serious questions and why Dr Robert Moles refers to South Australia as A State of Injustice. 

Nearly every lawyer involved in my late father’s Estate has been promoted and the original legal indemnity insurer’s lawyer Malcolm Blue is now Justice Blue of South Australian Supreme Court.   His replacement for the legal insurers is now also a Judge, enjoying two promotions. 

Of interest, Justice Blue ruled in the Dr Duffy case, a watershed moment for Internet defamation law in Australia.  He found that Google Inc is a publisher of, and therefore potentially liable for, defamatory content published in search result "snippets", auto-complete suggestions and even third party websites to which it provides hyperlinked search results. 

Therefore any content that is seen to be “critical” of the system may not appear for long, including this one.

Please assist in demanding greater scrutiny of the South Australian legal system and end the ongoing miscarriages of justice and restore confidence in the system.   Ensure that there is universal application of the law, because it is clear that if the legal fraternity is heavily invested in the outcome, there is no justice for the victims and outcomes are manipulated. 

A properly working justice system is a fundamental right.   It must also be democratic and justice must apply to ALL no matter what connections, alliances, rank, authority, social or financial connections.   To not do so, and to turn a blind eye to “inconvenient truths” undermines our system of justice.

For every victim of this unjust system (and there are thousands out there) please share this link and speak out. 

I seek your urgent assistance to put a stop to this corruption and appalling legal thuggery.  I'm not to first to experience iniquitous treatment within the South Australian Courts and I won't be the last.  This has got to stop.

 

 



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