Chapter 000X Page 1

RE: UP DATE - RE:Draft Constitution

Monday, 31 May, 2010 2:47 AM
From:
"Mr Gerrit H. Schorel-Hlavka" <inspector_rikati@yahoo.com.au>
To:
cobbscrossing@bigpond.com
Cc:
inspector_rikati@yahoo.com.au
Charles,
You seem to fail to understand what the OFFICE-OF-THE-GUARDIAN is about. It would not be another layer
at all. Neither would be it is kind of Ombudsman!
.
What we have seen is that getting rid of any crook politician, judge or whatever will be difficult and they can
cause in the meantime havoc like anything and this is why the OFFICE-OF-THE-GUARDIAN is so important
and indeed vital as no legislation could be passed without first having been considered by the OFFICE-OF-
THE-GUARDIAN so that every politicians requested to vote on any Bill is provided also with the view of
the OFFICE-OF-THE-GUARDIAN as to what it considers might be a constitutional impairment relating to any
bill.
.
We need to try to get a better education for politicians voting on any Bill rather then that they are voting not
knowing better and then Jo blow of the street has to try to fight an unconstitutional bill with next to no hope
getting anywhere because the High Court of Australia can simply prevent any case to be accepted for filing
let alone being heard upon its merits.
.
QUOTE Chapter OFFICE OF THE GUARDIAN (example-01)
Chapter OFFICE OF THE GUARDIAN (example-01)

* Gerrit, can you tell me how for example the OFFICE OF THE GUARDIAN would work?
.
**#** INSPECTOR-RIKATI®, let say that your wife Jane was claimed by the electoral
commission having failed to vote.
.
* She did vote!
.
**#** That is not the issue. She has been fined for failing to vote and now she has to prove she did
vote!
.
* How can she prove this?
.
**#** Well that is what the Electoral commission knows that unlikely she can prove it.
.
* Can they prove she didn’t vote?
.
**#** They just claim she didn’t and within the electoral provisions she is basically guilty unless
she proves otherwise.
.
* What are you on about? Isn’t embedded in the constitution that there must be due process of law?
.
**#** That is so but when you have legislative provisions that are ULTRA VIRES then Jane will
have a hard time to succeed against them unless she can get appropriate assistance?
.
* How, are you proposing she engage a lawyers?
.

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**#** No, the OFFICE OF THE GUARDIAN. You see this OFFICE OF THE GUARDIAN
will be to ensure that any person, no matter their financial status at least when it comes to the
constitution can obtain a fair and proper trial. As such, if Jane contact them about the validity of the
legislation about “AVERMENT” for the electoral commission to prove she failed to vote then it will
provide her with the most updated information relevant to that issue. This would include a August
2005 ruling by a magistrate invoking federal jurisdiction, and so applicable in all States and
Territories, that “AVERMENT is unconstitutional, as i succeeded against the crown in regard of this
then.
.
* How would this assist Jane?
.
**#** It means she does not have to prove to be innocent but it is for the prosecutor to prove she
didn’t vote on a criminal basis while she only has the civil standards of prove that she did vote or
didn’t need to vote.
.
* How does that then work for her?
.
**#** Well, Jane can state for example that either she did vote and the prosecutor must be able to
disprove this beyond reasonable doubt and/or she also claims that in any event the Framers of the
Constitution specifically refused to give the Commonwealth any powers to compel any elector to
vote and therefore any legislation in that regard is unconstitutional and so invalid and without legal
force. Again, this I presented to the County Court of Victoria on 19 July 2006 and the Crown did
not contest/challenge this and I succeeded in my cases comprehensively. As such, while the
electoral commission conceals this ruling from electors as to fraudulently claim they are obligated to
vote the reality is that the court made a ruling on this issue against the Crown! As such, while Jane
herself may not have been aware of this …
.
* Jane is a avid follower of your writings and so your book!
.
**#** I wasn’t trying to imply she didn’t know but merely use her as an example. Again as I was
saying, while Jane herself may not have been aware of this ruling she could nevertheless gain the
knowledge just by obtaining all relevant material from the OFFICE OF THE GUARDIAN and
then place it before the courts saving her to having to re-argue the matter again.
.
* What about if the issue Jane is pursuing before the Courts is something new to what the OFFICE
OF THE GUARDIAN has on record?
.
**#** That is why there has to be a committee or board to run the OFFICE OF THE GUARDIAN
which must have at least two-third of its members to be people who are not lawyers.
.
* You stated “not lawyers” did you mean “have to be lawyers”?
.
**#** Look when after more then one hundred years you still have that a mere 7 judges of the High
Court of Australia continue to disagree with each other what certain constitutional provisions stand
for then it should be clear that they lack proper training and education as to what the constitution
really stands for. What they seemed to have lost in the process is the COMMON SENSE applied by
ordinary people. Hence, we need to make sure that the OFFICE OF THE GUARDIAN isn’t going
to be bombarded with lawyers as to hijack it but we have ordinary people involved as much as
possible.
.

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 Chapter 000X Page 3

Hansard 19-4-1897 Constitution Convention Debates (Official Record of the Debates of the
National Australasian Convention)
QUOTE
Mr. CARRUTHERS:
This is a Constitution which the unlettered people of the community ought to be able to
understand.
END QUOTE
.
The more lawyers you have the less likely the true application of the constitution will emerge.
What we therefore need is that say two members of each State/Territory and one lawyer of each
State/Territory are appointed to the committee/board and all have equal voting rights in the decision
making process. As such lawyers never can outvote other committee/board members. They can state
their views but ultimately COMMON SENSE will prevail as to the decision making process.
.
It is very essential that ordinary people and not lawyers decide matters as to how they perceive the
constitution applied. Therefore, if Jane were to present a case to the OFFICE OF THE
GUARDIAN then the members of the committee/board may take a vote if the matter is one that
was not to that extend canvassed by it and if then the OFFICE OF THE GUARDIAN in it’s own
right should litigate on a particular issue.
.
* Are you saying they take over Jane’s case?
.
**#** Not at all, Jane keeps her legal rights as she desires to use them and the OFFICE OF THE
GUARDIAN would as an independent body seek to intervene and then pursue the matter its
committee/board decided to pursue for clarification before the courts. As such Jane’s rights are not
undermined by the OFFICE OF THE GUARDIAN. However, Jane may in her case pursue to
accept the submission of the OFFICE OF THE GUARDIAN and so save her to present her own
legal arguments, or she may elect to present her own views on the matter even perhaps differently
then that of the OFFICE OF THE GUARDIAN. What should be understood is that the OFFICE
OF THE GUARDIAN is to seek to protect the constitutional rights of all people and not merely
seeking to assist some person to win a case no matter how wrong this might be.
.
* Ok, say that the OFFICE OF THE GUARDIAN succeeds in the Court to accept what it
presented, what then?
.
**#** The OFFICE OF THE GUARDIAN would in that regard have completed its task/duties
and can further withdraw from the case. It’s principle obligation is the protection of constitutional
provisions appropriately being applied and not to conduct every litigation no matter how frivolous
where it doesn’t relate to constitutional issues. As such, if two people have a car accident and seek
to sue about the extend of the damage claimed then obviously this is not something the OFFICE
OF THE GUARDIAN would be interest in as it is not related to a constitutional issue. However,
where it comes to say truck drivers of states not being from Queensland not getting the same rebate
of the GST then this would be a constitutional; issue as I view as a CONSTITUTIONALIST that
the Framers of the Constitution specifically prohibited such discrimination
.
.
Hansard 3-3-1897 Constitution Convention Debates (Official Record of the Debates of the
National Australasian Convention) (Chapter 33 of the CD)
QUOTE
Mr. ISAACS (Victoria).-What I am going to say may be a little out of order, but I would like to

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draw the Drafting Committee's attention to the fact that in clause 52, sub-section (2), there has been
[start page 1856] a considerable change. Two matters in that sub-section seem to me to deserve
attention. First, it is provided that all taxation shall be uniform throughout the
Commonwealth. That means direct as well as indirect taxation, and the object I apprehend is
that there shall be no discrimination between the states; that an income tax or land tax shall
not be made higher in one state than in another.
.
The issue, of say, going to war against some country also could be deemed a constitutional issue if
there are constitutional issues raised, as I did in regard of the unconstitutional invasion into Iraq.
And, having the OFFICE OF THE GUARDIAN being able to have a considerable details record
regarding each constitutional provision it means no longer do we have to rely upon some of the
nonsense uttered by judges or their incompetence in constitutional matters and/or the lack of proper
research by their in house researches because they will get this information as like any other person
from the OFFICE OF THE GUARDIAN.
.
There was once a judge appointed to the High Court of Australia who refused to hand down a
judgment on the basis he didn’t know the constitutional issue. Now what nonsense is this? With the
OFFICE OF THE GUARDIAN such a judge at least can get all relevant background as like
anyone else and then any adjudication will be in consideration of this information also regardless if
the in-house researched are competent or not to find anything else. As such, the OFFICE OF THE
GUARDIAN is not taking over the roles of the Courts but merely is to assist it with having at hand
all relevant information to avoid any misconceptions by the judges. This in turn will avoid having
all kinds of problems. Indeed, I view had this taken place such as about the WorkChoices issue that
was decided by the High court of Australia on 14 November 2006 then it would have to have
concluded it was unconstitutional;. Likewise Heather Hill would never have been ousted from the
Senate and neither so Phil Cleary from the House of Representatives. Those and numerous other
decisions were all ill conceived. Neither would any commonwealth building commission dictate
State building issues. And the list could go on. As such, a lot of litigation could be avoided by
getting more relevant details before the judges. The same with FEE SIMPLE and other rights.
.
* Gosh, that is really going to cover a lot. Surely you need then people appointed to the
committee/board who have a lot of knowledge about these matters, don’t you?
.
**#** Wrong. What is needed is to have ordinary people as much as possible because lawyers
would love to infringe upon provisions to what ever may suit them.
.
Hansard 8-3-1898 Constitution Convention Debates
QUOTE
Mr. CARRUTHERS (New South Wales).-It is worth while considering the stages that a
proposed law has to go through, and the opportunity afforded to a member of either House or a
member of the Executive to call attention to any infraction or infringement of the Constitution. It
does not require a majority of the members of the House of Representatives to insist that the
Constitution shall be obeyed in the matter of procedure; it only requires one solitary member to
rise to a point of order, and the Speaker has to give a legal interpretation of the rules of procedure.
It only requires one member of the Senate to call the attention of the President to the fact that
a Bill is introduced contrary to the Constitution for that proposed law to be ruled out of order.
It does not require a majority of the states to insist that the Constitution shall be obeyed,
because a majority of the states cannot by resolution infringe the Constitution. Neither House
could pass the standing order which would give the majority power to dissent from the Speaker's or
President's ruling. The standing orders only confer certain explicit power. They give no power to

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either House to pass an order which would enable its members to amend the Constitution.
END QUOTE
.
While during the Howard years the Opposition made much noise about what was deemed
unconstitutional, such as WorkChoices, the truth is that merely one opposition member could have
opposed the bill in the House of Representatives and/or the Senate and instead of it becoming law it
could there and then have been prevented from proceeding further.
It doesn’t require a majority to vote on a constitutional issue as merely one member has to raise the
question of constitutional validity and the Speaker of the House of Representatives and/or the
president of the Senate must stop the bill from proceedings unless and until it has obtained a
decision of the High Court of Australia s to the constitutional validity of the legislation. Now, ask
how many people are aware of this and you find not a single Member of Parliament are aware of
this despite that my books expose I wrote this to them years ago!
.
Lets go back to the Queenland government GST rebate. Truck drivers therefore would not need to
say use a blockade to protest but merely needed to just get one Member of Parliament to challenge
the constitutional validity of the bill and it stops it then in its tracks. Meaning, truck drivers already
having problems to earn a living will avoid loosing moneys while on a blockade and neither will
have to face infringement notices from police trying to break them up and neither needing to spend
large sums of moneys to challenge it be fore the High Court of Australia because all it takes is just
one member of parliament either in the Senate or the House of Representatives to oppose a Bill on
constitutional grounds and the Bill is stopped in its tracks and remains to be so unless and until, if
ever at all, the Courts decide it is constitutionally valid.
.
HANSARD 1-3-1898 Constitution Convention Debates
QUOTE Mr. GORDON.-
The court may say-"It is a good law, but as it technically infringes on
the Constitution we will have to wipe it out."
END QUOTE
And
Mr. BARTON.-
QUOTE
The position with regard to this Constitution is that it has no
legislative
power, except that which is actually given to it in express terms or which is
necessary or incidental to a power given.
END QUOTE
.
Hansard 17-3-1898 Constitution Convention Debates
QUOTE Mr. BARTON.-
Providing, as this Constitution does, for a free people to elect a free Parliament-giving that
people through their Parliament the power of the purse-laying at their mercy from day to day
the existence of any Ministry which dares by corruption, or drifts through ignorance into, the
commission of any act which is unfavorable to the people having this security, it must in its
very essence be a free Constitution. Whatever any one may say to the contrary that is secured
in the very way in which the freedom of the British Constitution is secured. It is secured by
vesting in the people, through their representatives, the power of the purse, and I venture
[start page 2477] to say there is no other way of securing absolute freedom to a people than
that, unless you make a different kind of Executive than that which we contemplate, and then
overload your Constitution with legislative provisions to protect the citizen from interference.

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 Chapter 000X Page 6

Under this Constitution he is saved from every kind of interference. Under this Constitution
he has his voice not only in the, daily government of the country, but in the daily
determination of the question of whom is the Government to consist. There is the guarantee of
freedom in this Constitution. There is the guarantee which none of us have sought to remove,
but every one has sought to strengthen. How we or our work can be accused of not providing
for the popular liberty is something which I hope the critics will now venture to explain, and I
think I have made their work difficult for them. Having provided in that way for a free
Constitution, we have provided for an Executive which is charged with the duty of
maintaining the provisions of that Constitution; and, therefore, it can only act as the agents of
the people. We have provided for a Judiciary, which will determine questions arising under
this Constitution, and with all other questions which should be dealt with by a Federal
Judiciary and it will also be a High Court of Appeal for all courts in the states that choose to
resort to it. In doing these things, have we not provided, first, that our Constitution shall be free:
next, that its government shall be by the will of the people, which is the just result of their freedom:
thirdly, that the Constitution shall not, nor shall any of its provisions, be twisted or perverted,
inasmuch as a court appointed by their own Executive, but acting independently, is to decide what is
a perversion of its provisions? We can have every faith in the constitution of that tribunal. It is
appointed as the arbiter of the Constitution. It is appointed not to be above the Constitution, for
no citizen is above it, but under it; but it is appointed for the purpose of saying that those who
are the instruments of the Constitution-the Government and the Parliament of the day-shall
not become the masters of those whom, as to the Constitution, they are bound to serve. What I
mean is this: That if you, after making a Constitution of this kind, enable any Government or
any Parliament to twist or infringe its provisions, then by slow degrees you may have that
Constitution-if not altered in terms-so whittled away in operation that the guarantees of
freedom which it gives your people will not be maintained; and so, in the highest sense, the
court you are creating here, which is to be the final interpreter of that Constitution, will be
such a tribunal as will preserve the popular liberty in all these regards, and will prevent,
under any pretext of constitutional action, the Commonwealth from dominating the states, or
the states from usurping the sphere of the Commonwealth. Having provided for all these
things, I think this Convention has done well.
END QUOTE
.
Again;
QUOTE
What I mean is this: That if you, after making a Constitution of this kind, enable any
Government or any Parliament to twist or infringe its provisions, then by slow degrees you
may have that Constitution-if not altered in terms-so whittled away in operation that the
guarantees of freedom which it gives your people will not be maintained
END QUOTE
.
Considering that in court cases where both parties are represented still one party ordinary is on the
loosing end then clearly having lawyers involved will not secure a victory. Yet, both set of lawyers
will tell their client they are going to succeed or have a good case to succeed, etc.
.
What we need is to return the constitutional and so everything what goes with it back into the hands
of the people and I view the OFFICE OF THE GUARDIAN would be the best way to secure this.
.
* I wonder, if there is to be a GUARDIAN to pursue litigation, etc, as what the committee/board
may have decided to pursue then would not this GUARDIAN have to be a lawyer? Consider with
this also the legislation on foot in the States, etc.

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 Chapter 000X Page 7

.
**#** I do not view it that way at all!
.
Hansard 1-3-1898 Constitution Convention Debates
QUOTE
Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power?
Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a
state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry. As
regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole
constituency behind the Federal Parliament will be a sentry.
END QUOTE
.
While the States, etc, may have legislated that only lawyers can practice law, which are born from
the constitution the truth is that no State of Federal Parliament can override the constitution and as
such every person has the right as a CONSTITUTIONALIST to pursue constitutional matters
before the courts, and so any associated matters. As such where legislative provisions are derived
from the Constitution a CONSTITUTIONALIST can therefore attend to these matters without
needing to be a lawyer.
.
On that basis any person who feels competent enough to stand for the position of GUARDIAN as to
be able to present matters before the Courts should if appointed for this be able to do so regardless
of having law degrees or not. Many ordinary people without legal training are more competent in
presenting cases before the courts then those who are holding law degrees. The whole set up of the
OFFICE OF THE GUARDIAN is to reflect COMMON SENSE and not some perverted legal
view.
.
Hansard 17-3-1898 Constitution Convention Debates
QUOTE Mr. DEAKIN.-
In this Constitution, although much is written much remains unwritten,
END QUOTE
.
QUOTE Mr. DEAKIN.-
After that comes encouragement in the reflection upon the giant stride towards prosperity, power,
and prestige which this union will enable us to accomplish. What a charter of liberty is embraced
within this Bill-of political liberty and religious liberty-the liberty and the means to achieve all
to which men in these days can reasonably aspire. A charter of liberty is enshrined in this
Constitution, which is also a charter of peace-of peace, order, and good government for the
whole of the peoples whom it will embrace and unite.
Mr. SYMON (South Australia).-I wish to say one word or two before we part. I do not intend to
enter into any detailed examination of, or any elaborate apology for, the Constitution which we have
been engaged in framing. But, sir, no man can remain unmoved upon this momentous occasion. We
who are assembled in this Convention are about to commit to the people of Australia a new
charter of union and liberty; we are about to commit this new Magna Charta for their
acceptance and confirmation, and I can conceive of nothing of greater magnitude in the whole
history of the peoples of the world than this question upon which we are about to invite the
peoples of Australia to vote. The Great Charter was wrung by the barons of England from a
reluctant king. This new charter is to be given by the people of Australia to themselves.
END QUOTE
.
You noticed “of political liberty” and clearly Jane’s right to vote or not to vote is an issue in that

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 Chapter 000X Page 8

regard that she has this liberty as to force her to vote means she has no political liberty in that
regard.
.
the intention is that the OFFICE OF THE GUARDIAN will conduct classes about constitutional
matters for anyone to attend to and they will be FREE OF CHARGE.
Further, no lawyer should be permitted to present constitutional issues before any court/tribunal
unless having completed say a 4 week course at the OFFICE OF THE GUARDIAN regarding the
application of the constitution. Likewise any parliamentarian should not be permitted to take up a
seat in the parliament unless he/she has completed a 4-week course on constitutional matters with
the OFFICE OF THE GUARDIAN. For example they would be aware that it only takes one
Member of Parliament to so to say stop a Bill in Parliament in its tracks if the constitutional validity
is questioned, and so avoiding later undue hardship to people in general having to fight some
unconstitutional legislation.
.
Further, the High Court of Australia should be consisting of two different benches, one being a
appeals bench dealing with appeals from state courts and one being a constitutional bench where
constitutional issues are decided. The judges must have completed at least a 3-month course with
the OFFICE OF THE GUARDIAN about constitutional issues before they can be permitted to
adjudicate on constitutional matters and no lawyer or other person can be appointed to the High
Court of Australia unless he/she has completed such a course with the OFFICE OF THE
GUARDIAN first. Look at the Wakim case where the judges one moment determine the Cross
Vesting Act is constitutionally valid and then subsequently rule it is unconstitutional. Obviously this
kind of nonsense shows there is a considerable lack of proper education by the judges and hence
they need to be better trained.
.
Then look at the recent pay increase Members of Parliament were getting of about $4,700.00 a year.
It is unconstitutional in the manner it is done but the way the court system operates anyone seeking
to challenge the constitutional validity of this more then likely will be ending up having his/her case
railroaded and end up having to pay a huge litigation cost. The Framers of the constitution made
clear that people should be able to have the constitutional issues considered by the courts without
cost. As such, judges need to be trained that challenging matters on constitutional basis is for the
interest of the whole of the general public and not just for an individual.
.
Then take the case of Francis James Colosimo. He claimed constitutional issues and yet you have
that even the judges blatantly disregarded this all and were going to imprison him or at least asked
to do so for up to 5-years, with a disregard to what is constitutionally required. Now, this may
underlines that the Commonwealth of Australia has totally failed to provide a proper training to
those dealing with constitutional matters, and obviously so as it more then likely will be a defendant
in constitutional issues and so has a vested interest to have constitutional issues not appropriately
canvassed. Here we had at least 6-contempt hearings of a sheer waste of time and mind you the trial
judge never even bothered to formally charge Frank or explain his legal rights and yet already had
made clear she could imprison Frank. This was Her Honour Harbison J, in case this is of interest
to you. Now, it must be clear that there is a major problem when a judge appointed to be an
impartial judge of the County Court of Victoria then also acts under the powers of persona
designata for the government and hear matters in a court room of the County court of Victoria and
so really deceiving an un-represented defendant as it appears he is before a judge of a Court rather
then nothing more but a stooge for the State government using persona designata powers.
Here we have a tribunal acting as some STAR CHAMBER COURT and KANGAROO COURT
totally disregarding the rule of law! Ordinary people on their own will achieve very little in general
but combining the effort and have the OFFICE OF THE GUARDIAN doing the major battles

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about constitutional issues may avoid a lot of this nonsense in litigation.

.
People now robbed to have their cases adjudicated in a formal legal manner as they are now
subjected to a tribunal acting as some stooge for the State government could again revive their
constitutional rights to have their cases determined by a judicial determination by the Rule of law as
provided for in the constitution. Not like in Franks case where the tribunal then appoints someone
over Frank to allow the State trustees Limited, and organ of the State, to sell his property to pay all
cost, even so Frank had done no legal wrong!
.
We hear about people’s homes being sold underneath them through debt collector agencies and
again in my view we need to drastically stop this nonsense, in particular where the real victim, the
property owner, has done no wrong.
.
Obviously funding would be needed and for this what is needed is to set up a trust fund and seek the
not-for-profit status and seek funding from various governments. The membership itself should be
limited to cover basic cost of membership, record keeping and other such associated cost, and not
being to fund the running of the OFFICE OF THE GUARDIAN.
.
Take the document I created in 1985 being titled “ADDRESS TO THE
COURT/TRIBUNAL”which enable un-represented parties to have a more level playing field in the
courts where they can place their legal arguments before the courts with the assistance of friends
and others. Again, the OFFICE OF THE GUARDIAN could provide classes and obviously FREE
OF CHARGE, so people like Jane could learn how to do it all. After all, the cost of running the
OFFICE OF THE GUARDIAN would be far less then having this current huge cost on
unconstitutional litigation. When you consider the cost of a judge holding 6 CONTEMPT hearings
to do what? Seeking to find out if she could imprison him for what? After all she never formally
charged him in the first place and so if she doesn’t even know that a defendant doesn’t have to plea
against non existing charges then I view she should not be sitting at a bench and certainly neither
adjudicating, not even for a tribunal.
.
Look at how many others may have been imprisoned unconstitutionally and we need to stop this.
.
Look how refugees are unconstitutionally detained and ridiculed and abused completely in breach of
constitutional provisions, but that is another long story I will not enter into now but already
extensively canvassed in my previously published books. Anyhow, see what you can canvas with
Jane about this all and if she might support the creation of the OFFICE OF THE GUARDIAN for
these and many other matters.
.
* Thank’s for the explanation and I better explain it all to Jane.
.
**#** You are welcome and spread the word around will you?
.
* I will do so and while we are on to it do please make me an honourable member so I can
participate in the set up of it all? I really look forwards in having this OFFICE OF THE
GUARDIAN so to say becoming the people’s voice.
.
**#** I will.
END QUOTE Chapter OFFICE OF THE GUARDIAN (example-01)
.
Well see what you have to respond to this?

Chapter 000X Page 9

INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
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 Chapter 000X Page 10

.
Gerrit
.
Mr G. H. Schorel-Hlavka
.
31-5-2010
.
MAY JUSTICE ALWAYS PREVAIL®
Mr. G. H. Schorel-Hlavka, GUARDIAN
(OFFICE-OF-THE-GUARDIAN)
107 Graham Road, Viewbank, 3084, Victoria, Australia
Ph (International) 61394577209
.
Email; mayjusticealwaysprevail@schorel-hlavka.com
help@office-of-the-guardian.com (constitutional matters only)

"CONSTITUTIONALIST" and Author of books in the INSPECTOR-RIKATI® series on certain

constitutional and other legal issues.
.
EITHER WE HAVE A CONSTITUTION OR WE DON'T!

.
Website;
http://www.schorel-hlavka.com
Blog;
http://profiles.yahoo.com/inspector_rikati

"JUSTICE IS IN THE EYE OF THE BEHOLDER AND CLOUDED BY HIS/HER SIGHT

DEFICIENCY" .

--- On Sun, 30/5/10, Charles Mollison <cobbscrossing@bigpond.com> wrote:

From: Charles Mollison <cobbscrossing@bigpond.com>

Subject: RE: UP DATE - RE:Draft Constitution
To: "'Mr Gerrit H. Schorel-Hlavka'" <inspector_rikati@yahoo.com.au>
Received: Sunday, 30 May, 2010, 7:36 PM
Dear Gerrit

An Office of the Guardian would be an improvement to our current system.

However, I am of the opinion that with our Draft Constitution the People will “keep the bastards
honest” by virtue of the fact that;
they are aware of what is in the Constitution,
they are aware of their rights,
they are aware that all power stems from the People and reverts to the People,
They are aware that any elected official can be recalled by the constituents and a new election
held,
they are aware of the Ombudsmen, and
they are aware the President is the ultimate Ombudsman.

Chapter 000X Page 10

INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI® series by making a reservation, by fax 0011-
61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
 Chapter 000X Page 11

I think that another layer of bureaucracy in the form of an Office of the Guardian would be
unnecessary under my proposed Constitution.

Did I send you a copy of the book? If you would like a copy, let me know.

Regards

Charles

From: Mr Gerrit H. Schorel-Hlavka [mailto:inspector_rikati@yahoo.com.au]

Sent: Friday, 28 May 2010 12:46 AM
To: cobbscrossing@bigpond.com
Cc: inspector_rikati@yahoo.com.au
Subject: RE: UP DATE - RE:Draft Constitution

Charles,
Frank is but one of many cases I am involved in just that Frank permitted me to publish details about his
case. It is not that other cases are less important but that I do not publish details without prior consent of
those to whom it relates to.
.
Still, in the overall it gives me an insight as to how our Parliaments, courts, etc, are corrupted by lawyers
who have turned it all into their kind of playing field, precisely what the Framers of the Constitution were
concerned about.
.
In one case the opponent lawyers objected my involvement and demanded a medical certificate that the
person I represent needs my assistance. Ordinary this demand of the lawyer is absurd but we got a medical
certificate which the specialist treating this man since 1981 made clear that he suffers of DYSLEXIA
SYNDROME, severe speech dysfluency (STUTTERING) and is Epilepsy. So now I hit him back that with
that a person suffering DYSLEXIA SYNDROME can’t read very small print of a contract and his whole
constitutional argument was floored and that he needs to get a grip on himself and better concede his
clients are in the wrong. There is a lot more to it but safe to say that so to say I am giving this lawyer a run
for his money and shows he is really a complete idiot as to demand a medical certificate that now wipes out
his clients entire argument. I did forward a copy to his clients so they know what kind of lawyer they have.
This lawyer started about constitutional issues, obviously not expecting that I am a CONSTITUTIONALIST
and was more aware of matters then he ever expected, and I filed a 44 pages in response and he now
seeks to withdraw his objection but I am not letting him that easy off as for a change I seek cost against this
lawyer personally because of his appalling conduct to file a deceptive, false and misleading submission
opposing jurisdiction and by this concealing relevant details also and causing me to do a lot of work as
result.
.
What is clear is that while we have a constitution it is really not at all appropriately enforced because few
cases really are before the High Court of Australia and even then the Court ill conceive judgments. That is
why we need to have a body (OFFICE-OF-THE-GUARDIAN) that will operate independently of the
government which sole purpose is to ensure the proper application of constitutional provisions and
limitations, because without it no matter what constitution there may be in place it will make little difference
to the general public if there is no body to ensure the constitution is appropriately applied.
.
Gerrit
.
Mr G. H. Schorel-Hlavka
.
28-5-2010
MAY JUSTICE ALWAYS PREVAIL®
Mr. G. H. Schorel-Hlavka, GUARDIAN
(OFFICE-OF-THE-GUARDIAN)
107 Graham Road, Viewbank, 3084, Victoria, Australia
Ph (International) 61394577209

Chapter 000X Page 11

INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI® series by making a reservation, by fax 0011-
61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
 Chapter 000X Page 12

.
Email; mayjusticealwaysprevail@schorel-hlavka.com
help@office-of-the-guardian.com (constitutional matters only)

"CONSTITUTIONALIST" and Author of books in the INSPECTOR-RIKATI® series on certain

constitutional and other legal issues.
.
EITHER WE HAVE A CONSTITUTION OR WE DON'T!

.
Website;
http://www.schorel-hlavka.com
Blog;
http://profiles.yahoo.com/inspector_rikati

"JUSTICE IS IN THE EYE OF THE BEHOLDER AND CLOUDED BY HIS/HER SIGHT

DEFICIENCY" .

--- On Wed, 26/5/10, Charles Mollison <cobbscrossing@bigpond.com> wrote:

From: Charles Mollison <cobbscrossing@bigpond.com>

Subject: RE: UP DATE - RE:Draft Constitution
To: "'Mr Gerrit H. Schorel-Hlavka'" <inspector_rikati@yahoo.com.au>
Received: Wednesday, 26 May, 2010, 8:57 PM
Yes Gerrit, I absolutely agree. That is why we have drafted a whole new Constitution. I am
confident that, although the draft is far from perfect, if only we could get it adopted the society
would be so much better off.

But first the People must read, discuss and amend the draft as they see fit. Then we must
somehow force the Parliament to initiate a referendum/plebiscite to allow the People to adopt the
new Constitution.

Of course, this is all a very big ask. Many people tell me, “It will never happen”. I acknowledge it
will be extremely difficult but I tell them, “That is no reason not to try”.

After your success with Frank perhaps it is time you put your feet up, read the Draft Constitution
and reflect on your future direction.

Regards

Charles S Mollison
Chairman
The Foundation for National Renewal
PO Box 82
Woombye, Qld, 4559
07 5442 1589
Email: constitution@national-renewal.org.au

Chapter 000X Page 12

INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI® series by making a reservation, by fax 0011-
61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
 Chapter 000X Page 13

From: Mr Gerrit H. Schorel-Hlavka [mailto:inspector_rikati@yahoo.com.au]

Sent: Wednesday, 26 May 2010 1:56 AM
To: cobbscrossing@bigpond.com
Cc: inspector_rikati@yahoo.com.au
Subject: RE: UP DATE - RE:Draft Constitution

Charles,
I am currently still flat out with litigation regarding "constitutional" issues, and had to call of
meetings because of lack of time and so I make known to everyone to hold on because I can only
do so much.
.
With Frank's case, considering he was warned by the judge he could face imprisonment (5 years)
and he basically had been declared mentally incompetent for having this turned around against
more then 20 lawyers involved as opponents certainly was a major success. And for the records I
did not charge Frank a cent, not even for the cost of my out of pocket expenses because I have
never done so as to avoid placing my credibility in question. There are people who seem to
assume I do it for the money and they are obviously wrong because I do not charge and accept
monies. as such.
.
The problem is that so many people suffer injustice but it is beyond me to assist them all and as
such I view I would do better to take a different approach as while doing certain cases can bring
out what is terribly wrong I might be better of say be Governor-General as then I could be in a
better position to get things done and to make sure a government does act appropriately. After all
then I could set up relevant Department which will ensure that what is now left for people to
struggle about then can be addressed.
.
So to say, I can assist people till I drop dead but more then likely nothing will change in the main
and so a different tactic is needed to be followed where I can achieve things far better.
.
Gerrit
.
Mr G. H. Schorel-Hlavka
.
26-5-2010

MAY JUSTICE ALWAYS PREVAIL®

Mr. G. H. Schorel-Hlavka, GUARDIAN
(OFFICE-OF-THE-GUARDIAN)
107 Graham Road, Viewbank, 3084, Victoria, Australia
Ph (International) 61394577209
.
Email; mayjusticealwaysprevail@schorel-hlavka.com
help@office-of-the-guardian.com (constitutional matters only)

"CONSTITUTIONALIST" and Author of books in the INSPECTOR-RIKATI® series on certain

constitutional and other legal issues.
.
EITHER WE HAVE A CONSTITUTION OR WE DON'T!

Chapter 000X Page 13

INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI® series by making a reservation, by fax 0011-
61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
 Chapter 000X Page 14

.
Website;
http://www.schorel-hlavka.com
Blog;
http://profiles.yahoo.com/inspector_rikati

"JUSTICE IS IN THE EYE OF THE BEHOLDER AND CLOUDED BY HIS/HER SIGHT

DEFICIENCY" .

--- On Tue, 25/5/10, Charles Mollison <cobbscrossing@bigpond.com> wrote:

From: Charles Mollison <cobbscrossing@bigpond.com>

Subject: RE: UP DATE - RE:Draft Constitution
To: "'Mr Gerrit H. Schorel-Hlavka'" <inspector_rikati@yahoo.com.au>
Received: Tuesday, 25 May, 2010, 5:02 PM
That is great news, Gerrit. Congratulations!

Have you read what we propose in the Draft Constitution regarding the Justice system? Have
you any suggestions to make on what we propose or any suggestions on how it might be
improved?

The Justice system is covered in Chapter 17. I think I sent you a copy of the book? If not, let me
know and I will send you one. In the meantime you can download it free of charge from the
website www.nation-renewal.org.au.

Regards

Charles

Charles S Mollison
Chairman
The Foundation for National Renewal
PO Box 82
Woombye, Qld, 4559
07 5442 1589
Email: constitution@national-renewal.org.au

From: Mr Gerrit H. Schorel-Hlavka [mailto:inspector_rikati@yahoo.com.au]

Sent: Tuesday, 25 May 2010 1:40 AM
To: cobbscrossing@bigpond.com
Cc: Inspector_rikati@yahoo.com.au
Subject: UP DATE - RE: see attachment 090324-COMPLAINT-DPP-Colisimo-VCAT-etc

Chapter 000X Page 14

INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI® series by making a reservation, by fax 0011-
61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com