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WITHOUT PREJUDICE

The Executive Officer Electoral matters Committee, 17-3-2011


Parliament House, spring Street, East Melbourne, Vic 3002
5 Email c/o mark.roberts@parliament.vic.gov.au Ref; SUBMISSION-Part 1 of 2 parts

As a CONSTITUTIONALIST I am concerned that while the Victorian Electoral Commission


in the Candidates Handbook as page I states:
QUOTE
10 Our Values
 Independence: acting with impartiality and integrity
END QUOTE
It appears to me to be far from it. Below I will present some issues albeit it must not be perceived
and neither is intended to be so as to address all issues.
15 .
In my view the manner in which the Victorian Electoral Commission provided the details is
misleading in that it has strung it all together and so causes also a misreading of the legislation as
such. Still either version in my view is unconstitutional because as a CONSTITUTIONALIST I
am too aware that the Framers of the Constitution stated:
20 HANSARD 17-3-1898 Constitution Convention Debates
QUOTE Mr. DEAKIN.-
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
25 government for the whole of the peoples whom it will embrace and unite.
END QUOTE
.
The High Court of Australia stated:
http://www.austlii.edu.au/cgi -
30 bin/disp.pl/au/cases/cth/high_ct/1999/27.html?query=%22thi+act+and+all+law+made+by+the+parliament%22#fn50
Re Wakim [1999] HCA 27; 198 CLR 511; 163 ALR 270; 73 ALJR 839 (17 June 1999)
QUOTE
Constitutional interpretation
The starting point for a principled interpretation of the Constitution is the search for the
35 intention of its makers[51].
END QUOTE
As a CONSTITUTIONALIST I am obviously ongoing exposing abuse and misuse of powers
by the various Governments and former Government’s and low and behold am I now to seek
approval to register my material and if the Victorian Electoral Commission were to refuse this
40 for whatever ulterior reason I be denied to issue material no matter how truthful it might be?
Come on the Framers of the Constitution state “POLITICAL LIBERTY” and NOT
“POLITICAL LIBERTY subject to the wickedness of any constitutional Parliament” or
“POLITICAL LIBERTY subject to the wickedness of any Victorian Electoral Commission
abuse of power” and as such to me “POLITICAL LIBERTY” means it can’t be subjected to
45 legislative limitations and/or VEC abuse of power!
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It is no good for the Victorian Electoral Commission to claim that it is bound by legislation
regardless if it is unconstitutional as then it is no longer “Independence” acting with impartiality
and integrity” but rather proves so to say serve the master no matter how unconstitutional and so
unlawful it might be.
5 I intend to publish a book about it all under the title;
.
INSPECTOR-RIKATI® on TERRORISM IN THE IVANHOE DISTRICT ELECTION
.
Subtitled:
10 A book on DVD about unlawful conduct in 2010/2011 Vic elections
.
which will also canvas extensively relevant details including a comprehensive folio of
photographs to prove matters. As to do so in this submission would make the electronic version
far too large to submit.
15 .

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.

It will therefore also show the usage of knives and putting on fire electoral material (Carl
Ziebels, Liberal Party’s A-frame at his home) and how there are no democratic held fair and
5 proper elections but merely pretend to be so and the VEC (Victorian Electoral Commission)
deceives others who are gullible to accept its deceptive presentation as gospel.
.

I do not control the languages on the right side shown on the HTVC that was registered with the
10 VEC and I downloaded from it but it appears to me that the right hand side foreign languages are
not a true translation of what is elsewhere as such stated. One then have to ask why did the VEC
allow this kind of registration to eventuate where it so much has been pursuing me about “legal
technicalities” that actually didn’t apply at all? It is just that as this submission indicates it was a
deliberate unlawful interference with my political campaign? Who then can trust the VEc is this
15 is its modus operandi?
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.

The wording “inserte il numero “1” nella casella accanto alle parole “Australian Labor
Party”.” Doesn’t appear to me to be shown in the English version as such.
5 .

Now this is all in plain English and yet was objectionable because it didn’t have in the footing
who printed it and not being registered with the VEC.
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.

.
This was the last version, albeit other versions also existed but not for handing out at voting
5 centres. See also further set out below.
.

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The content of this flip side of the HTVC was objected to by the VEC because it criticised the
VEC! To me that was political interference totally unjustified.
5 Elections may in my view also well be deemed to be with the dumbing down of electors
(voters). I have never been so actuate aware of the appalling conditions most electors are in as a
state of mind. As if this wasn’t the worst that could eventuate I view that the VEC (Victorian
Electoral Commission) is incompetent to properly conduct elections as some of it is alluded to
below. The crimes involved in the elections is something to be concerned about. And, we then
10 also have political interferences by municipal councils to compliment the gross denial of fair
and proper elections besides candidates (so their supporters) being involved in the interference,
removal and destruction of election material.
.
Where is the VEC banner about the election supposed to be? See below for some details
15 about this also.
One would hold that the VEC after so long being involved in elections would at least know
where it would place its own banner regarding a voting centre so that every voting manager
would stick to a certain pattern, but even this seems to be mismanaged.
Some are found on a fence (Domboola Road, 2011 Broadmeadows District by-election) more
20 then a hundred metres from the actual voting centre, others are with sticky tape on the windows
of the building (Heidelberg Height). And, they neither will know if it is to be fitted at the
entrance or well why not somewhere on a fence, no where near an entrance as Bellfield showed.
.
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Outer fence about one hundred metres from voting centre Dimboola Road, 2011
Broadmeadows District by-election.

5 Voting Centre where red arrow is!


.

.
But where is the entrance to the school for this?
10 .

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This is two photo’s placed next to each other giving an approximate indication of the ordinary
view of the layout.

5 Below we see the red arrow to the entrance!

With Banksia Street, 2011 Olympia Ward, Banyule City Council the plan shows the entrance to
10 be from Jellicoe Street!
QUOTE
From: Bob Oldfield (RO Banyule) <318EMUser@vec.vic.gov.au>

To: zzGerrit Hendrik Schorel-Hlavka <mayJUSTICEalwaysPREVAIL@schorel-hlavka.com>


Cc:

Date: Friday, February 25, 2011 02:51 pm


Subject: RE: Attachment Banksia Street entrances
Attachments: Text version of this message. (3KB)

Gerrit,

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Thank for scanning this and for the photos taken at the voting centres they certainly make interesting
viewing.

Bob

From: G. H. Schorel-Hlavka [mailto:schorel-hlavka@schorel-hlavka.com]


Sent: Thursday, 24 February 2011 4:19 PM
To: Bob Oldfield (RO Banyule)
Cc: zzGerrit Hendrik Schorel-Hlavka
Subject: Attachment Banksia Street entrances

Bob Oldfield (VEC)


.
Bob,
attached a copy of yoyur document regarding Banksia Street entrances
.
Gerrit
.
Mr G. H. Schorel-Hlavka
.
24-2-2011

(Snail) Mail to:


Mr G. H. Schorel-Hlavka
MAY JUSTICE ALWAYS PREVAIL®
107 Graham Road, Viewbank, Vic 3084, Australia

Email: inspector-rikati@schorel-hlavka.com

See also Http://www.scribd.com/InspectorRikati (Also to download documents) &


Http://www.schorel-hlavka.com

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


constitutional and other legal issues.
.
Reclaim our constitutional and other legal rights and hold parliamentarians and judges legally
accountable.
.
A GOVERNMENT BY THE PEOPLE FOR THE PEOPLE!
.
INSPECTOR-RIKATI® & What is the -Australian way of life- really.
A book on CD on Australians political, religious & other rights
ISBN 0-9751760-2-1
.
Notification:
THIS CORRESPONDENCE IS FORWARDED WITHOUT PREJUDICE

Self-Help for Pro Se and Pro Per Litigants - Lawsuit Self-Help Step-by-Step - Jurisdictionary®
______________________________________________________________________

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This email has been scanned by the MessageLabs Email Security System.
For more information please visit http://www.messagelabs.com/email
______________________________________________________________________

______________________________________________________________________
The content of this email and any attachments may be private and confidential,
intended only for use of the individual or entity named. Information in it may not be
used or disclosed except for the purpose for which it has been sent. If you have reason
to believe that you are not the intended recipient of this communication, please contact
the sender immediately.
The VEC respects the privacy of individuals. For a copy of our privacy policy, please go
to our website (www.vec.vic.gov.au) or contact us.
Please consider the environment before printing your emails and attachments.
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____________________________________________________________________

END QUOTE
This email refers to the chart below and also to the photo’s showing the danger to electors as
some shown below this drawing.

5
.
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Dangerous conditions as an obstacle course for electors to enter to and/or leave a voting enter at
Hadfield in the 2011 Broadmeadows district by-election.
Did you see he just had to walk over a candidates A-frame (or something like that) and
notice the other A-frames, etc, also, as well one in the gutter, just to get to the voting
5 centre?
.

.
Someone’s eyes could be poked out. See the red lines around what is sticking out!
10 .

The black strap sticking out into the doorway for electors to go through as to be able to access
the voting centre clearly is a danger and yet those involved in placing this ALP banner ignored
the dangers to electors as they did next to the ALP sign that was hanging on the door (notably in
15 the door way) that was blowing up into the air. Very dangerous for children who accompanied
their parents.
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And some one fell over the speed hump!

5
.

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.
And in case you think you passed the road hump safely to get home, well look at the
following picture!
.

5
.

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I took the best spot I could find for my banners albeit the balloons were not my doing!
Just that about every elector entered from Banksia Street, where the red arrow showed and where
at that side the VEC had its voting centre sign! As such advising candidates the entrance is in one
5 street while putting its own sign in Banksia Street.

Actually, some where fitted not at the entrance but at a rear entrance while the candidates were
given the front entrance as being the entrance for electors (Blair Street, 2011 Broadmeadows
10 District by-election).
Well you see because I was an INDEPENDENT candidate on 27 November 2010 in Ivanhoe
district, an INDEPENDENT candidate on 19 February 2011 in the Broadmeadows District by-
election as well as an INDEPENDENT candidate in the Olympia Ward by election I got the view
how elections are actually mismanaged, as well as how much a difference it makes to campaign
15 or not to campaign in elections, to letter box or not to letterbox (election material in elections) to
put up banners/posters or not, etc.
.
How many banners is too many you may ask?
At Hadfield we have:

20

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You think that are some signs (above) then look to the entrance (below) or the same voting
centre area:
.

.
And obviously we must not forget the signs that were before the entrance!
.

10
And neither the obstacle course before it!
.

15 .
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As such, we can see how well things are managed by the VEC that is if you totally disregard the
way the VEC Fails to supervise matters outside the voting centre, this even so this all was past
the VOTING CENTRE banner the VEC had fitted on the front fence!
.
5 And besides the dangers of candidates signs so to say attacking the electors then you get electors
who forget to put their brakes on and the car just, well rolls down and block the road. No VEC
official in sight to address the issue. I mean you cannot expect them to supervise the outside area
of the voting centre even so it is past the voting centre signs.

10
I did write to the VEC that it should do an education campaign to explain to voters that “election
material” placed in letter boxes do not constitute “junk mail” (See Environment Protection
Legislation excluding election material) but to no avail. In each of the three elections I
participated I had at least one angry resident making clear that they didn’t like “junk mail” (no
15 signage was on their mail box) and it was clear that people consider election material “junk
mail” because of a total and gross failure by the VEC to make clear in its advertising material
that election material doesn’t constitute “junk mail”. Actually in Olympia ward one angry
resident tried to tell me that in law it was unlawful to place election material in a mailbox, I
calmly pointed out that the Environmental Protection Act actually excluded election material
20 from this. Obviously the gross lack of proper organisation within VEC underlines its failure to
appropriate deal with elections and by this those who like myself are letterboxing then cop the
brunt of residents who simply do not know better. When one then consider the massive
advertising the VEC engages in and some of whole pages and yet even so ample of space in such
advertising is available to place a note to advise residents that election material is not “junk
25 mail” at no additional cost nevertheless it fails to do so. And continued so despite my request to
the VEC to do an education program to advise residents that election material do not constitute
“junk mail”.
.
Lost & found:
30 It must be understood that when the VEC conducts elections it effectively holds the authority
over the voting centres and its surrounding area’s such as parking area’s in the grounds, etc.
When I became aware my reading glasses were missing I decided to look for them. Well I found
a pair but not mine, in damaged condition in a car park. It was not until weeks after the 2011
Broadmeadows by-election that I discovered they had slipped under the passenger’s seat. Still, it
35 became obvious to me that there is no kind of organisation by the VEC as to “lost & found” so
that people know where to go or whom to contact for property that might have been lost or
found. It may be that after the poll property is found at the location and a principal of a school or
church or other building caretaker may realise it was lost during an election previously
conducted. Again, it is essential that some “Lost & Found” system is in place and this is made
40 known to electors that when having lost or found an item who to contact during or after an
election.
.
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Here we had signs all over the place on poles, on the footpath, etc, but the only election signage
Banyule City Council ever complained about was my banners/posters in the 2010 Ivanhoe
District election when ALP candidate Anthony Carbines was still a councillor! It seems now with
the Banyule City Councils 2011 Olympia Ward by election it wasn’t somehow an issue, that is
5 the “visual pollution” it had argued about my “election material” banners/posters?
.

10 .

If you look to the outer left in front of the car you see a candidates sign there (the white back
side) and boy did Banyule city council make sure nothing was on display on poles and on the
15 footpath. Well where they really or was it just a political targeting of my “election material”
posters/banners and nothing against any other candidates “election material”?
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.
QUOTE “Candidate handbook” page 26
A possible breach of council local laws or council codes of conduct
* The Electoral Commissioner will refer the matter to the Council CEO for their consideration and response.
5 The Electoral Commissioner will also advise the complainant in writing that the complaint has been
forwarded to the Council CEO and that further communication regarding the complaint should be directed to
them.
END QUOTE
.
10 The problem obviously was that Banyule City Council was acting (2010) on behalf of then
councillor Anthony Carbines and by this so to say was harassing me about handing How-to-vote
Cards (a mere three cards mind you) outside the Heidelberg Height Post Office as being littering
even so his own supporters handed out thousands of them and actually, as photographic evidence
proves were unlawfully blocking the pathway of electors with their A-frame, etc. What it
15 therefore was about was not “littering” or any unlawful conduct by me but a political abuse of
position to interfere with my democratic and constitutional rights of “POLITICAL LIBERTY”
by seeking to prevent me to issue How-to-vote Cards” on basis it was littering even so Anthony
Carbines should have been well aware that as a councillor he knew or should have known that
“election material” was excluded of the environment Protection Act as littering and in any event
20 he couldn’t complain about something being unlawful where at the very same time his own
supporters where handing out his How-to-vote Cards at an early voting centre!
.
QUOTE “Candidate Handbook page 26
A criminal matter
25 The Electoral Commissioner will advise the complainant to refer the matter directly to the
police. Examples include assault and vandalism.
END QUOTE
.
It is an absurdity that the Victorian Electoral Commission “will refer” a non-criminal matter to a
30 Council CEO but not a criminal matter to the Police?
The problem I found to be faced with was that a council merely claims there are by-laws and
regardless they cannot be legally enforced against the “POLITICAL LIBERTY” of any
candidate, nevertheless the police will simply not bother to investigate. They will assume that the
candidate is in the wrong regardless that the candidate might be in the right. Where I reported the
35 theft of a huge amount of banners/posters to the Victorian Police at Broadmeadows it merely
recorded this but further didn’t seem to be interested about it because it was against Hume City
Council.
With METRO it presented me with a summary of a statement of the security guard that he had
carefully folded the banners he had removed whereas the banners themselves show pieces
40 missing because he simply ripped them off. As such, it shows that the security guard didn’t tell
the truth to METRO and I view that the VEC should have followed this up because after all it is
part of the election process. While no one would expect the VEC to investigate personally the
if’s and but’s of the incident at the very least it should have compiled an incident report and the
incident report should have requirement for the VEC to pass a copy on to the Victorian Police
45 where it may concern criminal damages, as now occurred.
.
As to show how the security guard working for METRO sought to use his position as a security
guard to try to cover up for his wilful damage of banners I will quote below some of the
correspondences. IT IS ESSENTIAL that this is appropriately considered because if we allow
50 people employed in certain fields of employment to hide behind their employment status to
maliciously damage “election material” then what is the sense of having legislation that clearly
prohibits this.
.

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As shown below the claims by the security guard to have removed the banners in a certain
manner (as reflected by METRO’s correspondence VERSUS THE ACTUAL DAMAGE THAT
CAN BE NOTED FROM THE BANNERS THEMSELVES THEN THIS UNDERLINES
THAT THE SECURITY GUARD WAS NOT PARTICULARLY TELLING THE TRUTH. This
5 obviously would be of concern that a person like him may have a modus operandi to lie about
incidents with the general public in other incidents also. But, the fact that the security guard lied
to so to say protect his hide having wilfully damaged election material in my view is a very
serious issue that should have been reported by the VEC when it became aware of the incident. If
incidents like these remain unreported to the Parliament then how will the Parliament ever be in
10 any position to address such issues one had to ask?
In my view criminal charges should be pursued against the security guard, which identity
METRO so far refused to disclose! Why one may ask? And, what other incidents is METRO so
to say shoving under the carpet to perhaps protect its image?
.
15 To the left the fence of the State owned Broadmeadows railway yard under contract with
METRO, and on the left a display how I fitted banners onto a wire cyclone fence with wire
simular to how I had fitted onto the State owned railway fence.

.
20 My complaints filed with METRO:
QUOTE
COMPLAINT
.
Metro (And to whom it may concern)
25
As the nominated INDEPENDENT candidate for the 19 February 2011 Broadmeadows buy-election I posted
5 banners on the wire fence opposite McDonalds regarding the election. Just after I had fitted them with steel
wire onto the fence a security guard walked to the posters and ripped them down. I then asked "Excuse me"
and his response was "Private property mate, Piss Off, Private Property" . I then asked for his number and
30 identity but he walked off., having left the ripped banners on the ground.
As I understand it Metro is under contract with the State of Victoria but doesn't own the property or trains as
being private property. It remains at all times public property. As I understand it being under contract as was
Connex doesn't transfer ownership to Metro.
While Metro may have certain authority over railway yards it doesn’t own it and as such the claim of “private
35 property” in my view was a false/misleading claim.
Further, the security guard made no attempt to talk to me but simply went to rip banners down and caused
damage to banners which replacement value is about $170.00 (plus postage) and are delivered from Europe
and as such replacement would be timely and as the election is on 19 February 2011 difficult.
Neither the language of “Piss Off” I view was a proper language to be used against me. I didn’t engage in any
40 other words then to ask “Excuse me” and view that the security guard could at the very least have given a
reasonable and pin appropriate language a response. Also, he should have disclosed his registration number
with Connex and/or his identity.

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As I understand it there is an up to 5 year term of imprisonment for damaging election material and I view
that the conduct of this security guard was totally unreasonable, and in the overall cannot be ignored. He
never even bothered to ask me to remove the banners, if he really had an issue with this and were to have a
lawful position to do so but merely left the railway yard and then outside ripped them off. As such I view the
5 damage was done maliciously and uncalled for. I could have (if this was needed and justified, which I do not
admit) have removed the banners without any damage to them within mere seconds.
While Metro may have a certain concern as to people not posting all kinds of material on fences of railway
yards, this is an election and the Environment Protection
Act specifically exclude election material. As such, election material is an essential part of DEMOCRACY
10 and the damage to election material therefore can result in up top 5 years term of imprisonment.
How can Metro demand respect of citizens if its security guard show such deplorable conduct s a language
which I view was highly inappropriate and uncalled for.
For the record at least 5 police vehicles passed by, with two of them standing there watching what I was doing
but not interfering because they obviously realised that it related to the State by-election of Broadmeadows.
15 .
It must be made clear that no damage whatsoever was caused to me to the wire fence of the railway yard.
Also, after the recent Ivanhoe election I removed all posters and banners within 24 hours of closure of the
polling stations, as I held it my obligation to remove all posters and banners as soon as practical after an
election has been held.
20 .
Hence, my conduct and intentions were in my view appropriate.
.
I didn’t notice any signs that claims posting of election material is prohibited and neither would I deem this
appropriate as election material is a special matter concerning the democracy and exercise of this.
25 Also as a CONSTITUTYIONALIST I am well aware that we have embedded in the constitution
“POLITICAL LIBERTY” and while this doesn’t mean a candidate in an election can destroy private/public
property it does however include that conduct that otherwise might not be deemed lawful might be lawful.
For example, as the Framers of the Constitution made clear that candidates would be standing on bridges, etc.
What it means is that the old fashion type of electioneering is still permissible. This is also why the
30 Environment Protection Act specifically excludes election material as being deemed loitering, as this in spirit
of out democratic right and “POLITICAL LIBERTY” to ensure that electors are aware of who their
candidates are.
.
It should be understood that even if the security guard was deemed to have some justification to have the
35 banners removed (not that this is conceded) then he could have merely requested me to remove them in a
polite manner. He did no such thing and simply came down like a bully and deliberately damaged the election
material. This kind of conduct to me is very serious because while I might be a senior citizen who can control
himself and rather write about it (I am Author of books of the INSPECTOR-RIKATI® series on certain
constitutional and other legal issues) easily another member of the general public may have retaliated. Also, if
40 he respond like this while I politely asked “Excuse me” then what will be his response to others? Is it that
because I am a senior citizen he think he can be obnoxious to me?
.
I intend also to report the matter to the parliament as I view this is unacceptable conduct and Metro should
ensure that security guards themselves are not causing undue friction and/or problems. Neither engage in a
45 conduct that results to destruction of election material prohibited by law.
.
Also, I view security guards must be obligated to give the general public upon request either a number used
by Metro for the particular security guard and/or his identity.
.
50 For the above I request a full investigation and appropriate action being taken against this security guard as I
found his conduct utterly deplorable and if this is his modus operandi of dealing with members of the public
then I view we can do well without him.
I seek appropriate compensation to replace the ripped banners as I view he had no justification to rip them off
in the manner he did as was to me pure vandalism.
55 .
(For the record this complaint was prepared by me from McDonalds at the scene of the incident so Metro may
be able to immediately interview the relevant security guiard.)
.
Mr G. H. Schorel-Hlavka
60 .

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25-1-2011
.

.
5 Your feedback is important to us to assist us to further improve our train
service, it is important that every suggestion, complaint and compliment is investigated.

Your feedback has successfully been submitted to Metro, your case number is 2011/07691 2011/07691

10 Thank you for taking the time to contact us, we will respond to your feedback shortly.

Kind Regards

The Feedback Team


15

END QUOTE
METRO’s response:
20 QUOTE
From: Customer Feedback <Customer.Feedback@metrotrains.com.au>

To: 'mayJUSTICEalwaysPREVAIL@schorel-hlavka.com' <mayJUSTICEalwaysPREVAIL@schorel-hlavka.com>


Cc:

Date: Thursday, February 10, 2011 01:21 pm


Subject: Metro
Attachments: Text version of this message. (7KB)

Case ref. number: ab/07691

10 February 2011

Mr Gerrit Hendrik Schorel-Hlavka


mayJUSTICEalwaysPREVAIL@schorel-hlavka.com

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Dear Mr Schorel-Hlavka

Thank you for your email of 25 January 2011.

You have expressed concern about the conduct of a contracted security guard patrolling the
Broadmeadows stabling sidings on the same day.

Specifically, you have reported:


 you are a nominated independent candidate for the Broadmeadows by-election
 you posted five banners, using steel wire, on the wire fence opposite McDonalds in
Pascoe Vale Road, Broadmeadows; a fence which surrounds the Broadmeadows
stabling sidings
 as you completed fitting the banners to the fence, a security guard walked to the
posters and “ripped them down”
 you enquired “Excuse Me?” and the guard replied “Private property mate; Piss off;
Private property”
 you requested the guard’s name and details but he walked away, leaving the banners
on the ground
 as you understand it, Metro is under contract to the State Government and property and
trains cannot be classified as “private property”
 you allege that the guard damaged your election material, which is excluded from the
Environmental Protection Act
 you also allege that the guard did not ask you to remove the banners; which you would
have done although you do not admit that it would have been needed or justified
 Police were observing your actions but did not interfere
Your feedback is acknowledged and we welcome the opportunity to provide the following
information.

Metropolitan Train Franchise

To clarify, Metro Trains Melbourne holds the franchise to operate Melbourne’s metropolitan
train services. As you have suggested, all property and trains remain assets of the State;
property is managed by VicTrack.

Under our Franchise Agreement with the State we have an Infrastructure Lease with the
State/VicTrack. Train stabling locations, including the fencing at these locations, form a part of
our ‘Land’ with our Infrastructure Lease; which specifically states:
“3.7 Advertising
(h) Any advertising placed on the Land by or on behalf of the Franchisee
must:
(i) comply with applicable laws;
(ii) comply with voluntary codes of conduct established by the
advertising industry;
(iii) not depict political, religious or other subject matter which is
contentious”
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The distribution of materials on rail premises (which includes stabling sidings), without written
authorisation from the passenger transport company, also constitutes an offence under the
Transport (Conduct) Regulations 2005.

25 January 2011

As part of our investigations into your allegations, we have requested and received a formal
statement from the contracted security guard present at the time.

He has provided the following recollections in relation to the evening of 25 January 2011:
 One Patrol Officer was present at Broadmeadows stabling sidings, commencing his
patrol at 7.00pm on 25 January 2011
 On commencing his patrol, he noticed Police vehicles on Pascoe Vale Road, monitoring
you placing A4-sized posters to the backs of street signs on the corner of Coleraine
Street
 Continuing his patrol, he noticed an unusually parked vehicle, covered in posters, with
the number plate ‘RIKATI’ blocking traffic at the Pascoe Vale Road entry of the
Broadmeadows Shopping Centre
 Whilst concerned, he noted that Police were monitoring your actions and believed that
they had the situation in hand
 Continuing his patrol, he returned to the Pascoe Vale Road perimeter fence at
approximately 7.40pm
 At this time, he noticed a number of banners (approximately 1 metre x .5 metre)
attached with steel wire to the perimeter fence of the stabling sidings
 He immediately attended to the emergency door, which he stood in and waved in your
direction; you were positioned by your vehicle at this time
 You ran directly into traffic, crossing Pascoe Vale Road, directly towards the guard and
screaming in a foreign language; he could not understand what was being said and
closed the emergency door, retreating into the stabling sidings
 The guard advised you that you needed to remove the banners you had erected on the
fence of the stabling sidings; you began screaming again in response
 The guard reiterated that you were required to remove the banners and if not, he would
remove them himself
 You continued screaming and the guard left to continue with his patrol
 Continuing his patrol, he returned to the Pascoe Vale Road perimeter fence at
approximately 8.25pm
 At this time, you and your vehicle were nowhere in sight however, the banners had not
been removed from the fence
 The guard exited the stabling sidings and removed the banners from the fence; taking
notice of the high quality of the banners, he took considerable care in removing them,
folded them and left them at the base of the fence
 For the remainder of his patrols, the guard did not notice you return to the area and/or
notice the condition of the signage

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The guard entirely refutes your allegations; that he “ripped” down your banners, damaging
them; that he used offensive language towards you at any time; and/or that he refused to
provide his details on request.

Whilst we appreciate that you have a differing recollection of your interaction on the evening of
25 January 2011, we can confirm that we are obliged to take in good faith the formal
statements provided by contracted staff.

Please rest assured, this is by no means intended to imply we disbelieve your version of the
interaction. In the absence of any audio based evidence, we are not in a position to
categorically confirm the specifics of either version of the interaction and conversation.

As you have confirmed that Police were present at the time, we are at a loss to explain why you
did not approach them to assist you at the time.

Investigation Outcome

Whilst we acknowledge that from your personal perspective you consider the behaviour of the
guard to have been inappropriate, we confirm that, from our perspective and based on the
evidence available, the guard acted within the standard procedures.

We further advise that any report regarding the behaviour of staff/contractors is fully
investigated. As such, your concerns have been brought to the attention of our Protocols and
Compliance Manager as a means of monitoring contractor adherence to the relevant protocols
at all times.

This incident has been placed on the Patrol Officer’s file, as well as the file of the contracted
security company, and will be monitored in the future, as per standard procedure.

Notwithstanding the above, we sincerely regret the guard’s handling of the interaction did not
meet your expectations on this occasion.

Thank you for bringing your concerns to our attention.

Yours sincerely

Aaron Bright
Case Resolution Manager
We are committed to responding to all customer feedback effectively. For details of our Customer Feedback process, please visit
our website via the following link: http://www.metrotrains.com.au/About -Us/Contact-us.html

END QUOTE
.
My reply:
QUOTE 10-2-2011 CORRESPONDENCE
5 METRO 10-2-2011
C/o Aaron Bright, Case Resolution Manager
Customer Feedback <Customer.Feedback@metrotrains.com.au>
.COMPLAINT Case ref. number: ab/07691
AND TO WHOM IT MAY CONCERN
10 .
Aaron,

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I thank you for your 10-2-2011 correspondence albeit do not agree with the version of the
security guard and seek you to re-consider matters.
.
I am not a lawyer but an Attorney, Professional advocate and also Author of books in the
5 INSPECTOR-RIKATI® series on certain constitutional and other matters and as such used to
being in the courts, cross-examining witnesses, etc, and also importantly to make sure to stick to
the truth. In fact, when I lodged my initial complaint (2011-07691) and discovered that in error I
had referred to the 21-30 time instead of 20.30 time, even so it didn’t affect the content of the
complaint itself as that had the correct time noted, I nevertheless provided a subsequent email
10 (2011/0796). It is therefore very essential to me to ensure I am correct in times.
Further, I am known in the courts to never loose my cool as this is the greatest weapon in court
when I represent a party. Actually on 16 February 2010 there was a very one sided heated
exchange (from the judge) in court resulted to that the person I represented had a heart attack and
by ambulance was transported to hospital. The case was adjourned and the next hearing the judge
15 had cooled down a bit realising I do not loose my temper and remain calm and we won the case.
Anyone who has any tape recording of my conduct in the courts will be aware I am known never
to loose my cool, as after all I know this is so to say my weapon.
Other then English I do speak Dutch (known not to be temperamental) but having resided for 40
years in Australia and no one to speak Dutch with then even when occasionally talking to my
20 sister or my nephew, both calling from The Netherlands, I talk in English. As such, any claim I
was talking in a foreign language would be utter and sheer nonsense because again even with my
sister and nephew I try Dutch but reverse back in English because of problems maintaining the
Dutch language. In Australia itself I have not a single person I can communicate with in the
Dutch language and so do not resort to using the Dutch language as such either.
25 .
I understand that you are faced with my version and that of the security guard and as you noted
without any audio records it may be difficult to know who is or isn’t telling the truth. Hence I
give you a set out below!
.
30 I have not had the privilege to read the version of the security guard that he may have filed or
may have provided orally and so must rely upon what you stated, albeit considering you were
considerable accurate in reflecting what my complaint was about I may for the moment rely upon
that you likewise may have correctly reflected the version given by the security guard albeit it
must not be taken that I accept this to be so but for purpose of this correspondence will rely upon
35 this.
.
Do understand that this issue now has blown out in that if the security guard gave you a
concocted version then he has by this lied to you (or whomever took his report) and this makes
it even more serious then the incident itself as if he lied about this then what else has he lied
40 about in perhaps any other incident? Just that so to say he picked this time upon the wrong
person to make his allegations.
.
I do not know if METRO has any incident report requirements that a security guard must record
any and all incidents. As the security guard claims he attended to the point of incident firstly at
45 7.40pm and I was allegedly screaming in a foreign language and he then retreated and later
returned at 8.25 (more to the time I referred to) then I would suspect that METRO has a policy
that any such incident should have been reported. Also, where your security guard also
acknowledges that the police were passing by as well as observing my conduct then clearly that
is neither in dispute. Just that it is rather strange that if the police were present at the time of my
50 alleged screaming on or after 7.40pm why then did the security guard not report this matter to the
police?

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More over, if my vehicle “RIKATI” was unlawfully blocking traffic while there is a huge car
park then surely the police would never have allowed my vehicle to have blocked the traffic as
there was no need doing so.
If the police themselves did record my presence , as at times police may not interfere but record
5 matters nevertheless, then you may find that my vehicle was actually parked inside the large car
park with no other vehicle nearby. And the fact that the security guard could read my
numberplate would have been because I had parked my vehicle facing towards where I was
placing the signs as the parking bay was as such situated.
.
10 QUOTE
“3.7 Advertising
(h) Any advertising placed on the Land by or on behalf of the Franchisee must:
(i) comply with applicable laws;
(ii) comply with voluntary codes of conduct established by the advertising
15 industry;
(iii) not depict political, religious or other subject matter which is contentious”
END QUOTE
.
It must be noted that this is a provision that prohibits METRO to advertise political matters but
20 this Franchise agreement cannot apply to my person.
.
As a matter of fact Hume City Council removed more then $3,000.00 worth of banners/posters
which I subsequently report to the Victorian Police as theft and thereafter removed another more
then $3,000.00 worth of banners/posters but since stopped removing them as I made clear that no
25 law, let alone the franchise agreement you may refer to, can overrule our constitutional rights and
POLITICAL LIBERTIES.
As a CONSTITUTIONALIST I attend to court and defeat laws that are in conflict with
constitutional rights/liberties. For example under Federal and state legislation a person MUST
VOTE, and as a CONSTITUTIONALIST I oppose compulsory voting as it is unconstitutional
30 and the Crown twice took me to court for this spanning 5-years of litigation and on 19 July 2006
I comprehensively defeated the crown as constitutionally no one can be forced to register and/or
vote. The fact that the Election Commission still fines people is because they get away with it
and not because it is lawful be cause they are well aware they lost against me and never again
can take me to court for the same. As such despite the best of the best lawyers for the Crown in
35 the end I defeated them.
.

As for some of my constitutional issues you may also go to the VEC (Victorian Electoral
Commission) website and note my pursuance on constitutional matters:
http://www.vec.vic.gov.au/current/htvc/11.jpg Brochure re constitutional issues.
40 My platform is that everything emanates from the constitution and any law that restricts or
impedes any constitutional rights/liberties (including POLITICAL LIBERTIES) is and remains
to be unconstitutional for so far it does. As such your agreement may apply to METRO itself as
being the company having the franchise but cannot apply to me as I was not part of this contract
and neither could this apply to any person to override his/her constitutional rights as otherwise
45 any franchise could somehow undermine the constitutional rights/liberties of a person.
Constitutions and its applications cannot be amended but by referendum if approved that is. As
such, unless METRO had a successful referendum or for that the State government it cannot
enforce 3.7 against me or for that any other person but it can dictate that METRO itself doesn’t
use political advertisement. As such the section should be read appropriately.
50 .

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With Hume City Council it too held that I was acting unlawfully in breach of the Road
Management Act and I invited them to take the matter to court, this it so far refused to do. I on
the other hand have reported this as a criminal matter band it can result to up to 5 years term of
imprisonment for any person who interferes with another persons political rights and also for any
5 person who interferes with the election material. As such your security guard can face up to 5
years imprisonment for two different issues! Banyule City Council also in November 2010 took
me on about the Environment Protection act only then discovered that after all I acted lawfully
and so decided to leave my posters/banners alone. For the record I removed them within 24 hours
after the election was held as then they served no further political purpose.
10 It must be clear that I am rather a person who uses the implied legal provisions of the constitution
and as such have absolutely no need or desire to use a foreign language let alone scream in a
foreign language. And again, where the police were very frequently passing by then the security
guard could have easily attracted their attention if I was conducting myself as he alleges.
.
15 QUOTE
 Continuing his patrol, he returned to the Pascoe Vale Road perimeter fence at approximately
7.40pm
 Continuing his patrol, he noticed an unusually parked vehicle, covered in posters, with the
number plate ‘RIKATI’ blocking traffic at the Pascoe Vale Road entry of the Broadmeadows
20 Shopping Centre
END QUOTE
.
Again “blocking traffic” clearly isn’t possible because any police officer would simply had
directed me to park in the car park as other then myself there was not a single car parked nearby
25 albeit at McDonald (across the road) there were cards parked.
When I cross examine a witness I am known and indeed a lawyer recently complained that I
“surgically take apart an affidavit” as when you get a statement, albeit I acknowledge this is the
version as you understood the security guard claims the situations to be) then there are always
details that do not seem to be correct.
30 .
QUOTE
 He immediately attended to the emergency door, which he stood in and waved in your direction;
you were positioned by your vehicle at this time
END QUOTE
35 .
You may ask him then how he observed me at the vehicle and how he could read my
numberplate if I was running (ran) into traffic as both myself and the traffic would have then
more then likely blocked his view from my numberplate!
.
40 QUOTE
 You ran directly into traffic, crossing Pascoe Vale Road, directly towards the guard and screaming
in a foreign language; he could not understand what was being said and closed the emergency
door, retreating into the stabling sidings
END QUOTE
45 .
Did he then immediately make an incident report and call the police or try to draw the attention
of any police officer he himself admits were passing by and at times observing my conduct?
Surely, a security guard faced with an alleged screaming person would more then likely then
having retreated call the police rather then risk to go out and face me at any time. Again, in my
50 email I made clear; “(for the record this complaint was prepared by me from McDonalds at the
scene of the incident so metro may be able to immediately interview the relevant security guard”)
then obviously “guiard” was a typing error and should be “guard”.

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The time of when therefore I lodged my complaint, which appears to have been 9.34PM
according to my computer screen I had at the time saved with the document:

5
You see the time 9.34 PM in the right lower corner?
.
QUOTE
Your feedback is important to us to assist us to further improve our train
10 service, it is important that every suggestion, complaint and compliment is investigated.

Your feedback has successfully been submitted to Metro, your case number is 2011/07691 2011/07691

Thank you for taking the time to contact us, we will respond to your feedback shortly.
15
Kind Regards

The Feedback Team


END QUOTE
20

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(Re Time was 20.30 or 08.30 pm not 09.30 pm)
QUOTE
5 Your feedback is important to us to assist us to further improve our train
service, it is important that every suggestion, complaint and compliment is investigated.

Your feedback has successfully been submitted to Metro, your case number is 2011/07696 2011/07696

10 Thank you for taking the time to contact us, we will respond to your feedback shortly.

Kind Regards

The Feedback Team.


15 END QUOTE

You see the time 9.53 PM in the right lower corner?

20 As such my vehicle was still parked at the same location until at least 9.53Pm as I had left it
there across the road from McDonalds as it was by this also advertising for me for drivers of
vehicles that had to stop at the traffic lights. Now, police wouldn’t have permitted me to block
the traffic for hours and it must be obvious that this “blocking traffic” was a fabrication by the
security guard.
25 It must therefore be clear that if the security guard fabricated (concocted) this part then his own
exaggeration is the hole he dug for himself.
Again
QUOTE
(for the record this complaint was prepared by me from McDonalds at the scene of the incident so metro may
30 be able to immediately interview the relevant security guard”)
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END QUOTE
.
I know how critical it is to make a report immediately or as soon as possible after the time of the
incident when everything is still fresh in the mind and also to have appropriate record as after all
5 I am experienced in cross-examination of witnesses and know this can be vital how a court may
consider and adjudicate upon a case facing witnesses giving conflicting evidence.
.
QUOTE
 The guard advised you that you needed to remove the banners you had erected on the fence of
10 the stabling sidings; you began screaming again in response
 The guard reiterated that you were required to remove the banners and if not, he would remove
them himself
 You continued screaming and the guard left to continue with his patrol
END QUOTE
15 .
I retain the right to report this matter to the Victorian Police, etc, and again it may very well be
that the Victorian Police noted the times I was there and it would more then likely have been
after 8 pm estimating the time it would have taken me to put the banners up and as such any
incident at 7.40 is to me a concocted (fabricated) version that never as such existed. Also my
20 version of reporting the matter in my email hardly brings about the kind of person the security
guard claimed I was in conduct. To me it is a very serious matter for a security guard to concoct
versions of event because if he does it with me then he may have rather a modus operandi to do
so and others less able to defend themselves may suffer severely.
.
25 QUOTE
 Continuing his patrol, he returned to the Pascoe Vale Road perimeter fence at approximately
8.25pm
 At this time, you and your vehicle were nowhere in sight however, the banners had not been
removed from the fence
30  The guard exited the stabling sidings and removed the banners from the fence; taking notice of
the high quality of the banners, he took considerable care in removing them, folded them and left
them at the base of the fence
END QUOTE
.
35 For the record I kept the banners, in case of any evidence needed and you also may find that the
wire used for the banners may still be on the fence (just check it out for yourself) and so if he
removed it carefully then how could the wires still be stuck on the fence without having been
loosened? I have no problem with the Victorian Police and/or METRO checking out the banners
for the damage and to evaluate if indeed the banners were ripped of or not. Again, because I do
40 cross-examine witnesses I am well aware that it is essential that any evidence is preserved. Hence
I didn’t use the banners. And he left the “ripped banners on the ground” as I reported in my
complaint and he never did fold them up and again the banners would show that there would be
no folds in them as to show the security guard folder them up in the manner he may have
claimed. As such, yet another point to show the security guard was fabricating it. And as motorist
45 were driving past and some standing at the traffic lights watching the guard ripping them down
and throwing them onto the ground it may very well be that some witnesses may come forward,
if this matter were to be published in the local newspapers, that will prove by them also he did rip
them down and throw them onto the ground.
What must be clear is that the security guard time of about 8.25 is near to my time of 8.30 and as
50 such the time of the incident can be accepted to have been about 8.25 – 8.30 pm. And again if
there were any police offers who had recorded that I was putting the banners on the fence you
will find that this was after 8 pm and not before.
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QUOTE
The guard entirely refutes your allegations; that he “ripped” down your banners, damaging them;
that he used offensive language towards you at any time; and/or that he refused to provide his
details on request.
5 END QUOTE
.
I have no use to make up allegations as to his language or better to state his inappropriate
language nor that he refused to give his identity and as I stated above the banners were never
folded by me or him because they do not show any markings of having been having been folded
10 in a careful manner. These banners, once folded will leave a marking of the fold. You may
perhaps ask the security guard as to how he claimed to have folded the banners and warn him
about the fact that if such folds cannot be noted at the banners then his story for this also doesn’t
add up. I am willing to provide the folders to METRO so it can inspect the banners before
seeking further clarification from the security guard. As the banners were ripped down you may
15 also note that the rips occurred where the banners were fastened on the wire fence and as such
coordinate precisely to this.
.
I did note you stated:
QUOTE
20 As you have confirmed that Police were present at the time, we are at a loss to explain why you did
not approach them to assist you at the time.
END QUOTE
.
While the police were at times watching me putting the banners onto the fence they were not
25 there when the incident occurred. Between 8.25 and 8.30 and I held then it better to immediately
report the matter to METRO and so went to McDonalds and used my laptop to write the
complaint (while also having a meal) it rather is strange that if I was conducting myself at 7.40
PM and yet several police cars were going by after 8 pm and even stopping then why didn’t he
then call in the assistance of the police then? Again, police leaving the police station may have
30 logged out when they left and so they would be well aware if the saw me after leaving the police
station, say after 8 PM, and then if this eventuate to be a criminal police investigation then it will
be the police records that would undue your security guard also!
As shown with Hume City Council when it refused to accept a STATUS QUO I reported the
matter to the Victorian Police and this is now a criminal matter, as I did with the Banyule
35 damage to my banners which are subject to a criminal investigation.
Would this investigation by METRO fails to give me the satisfaction I seek then I have at all
times the right to file a formal complaint against the security guard and then the police
themselves may check its members who saw me posting the banners and what time they left the
nearby police station as to check what time I was witnessed doing so. I have no doubt that this
40 would have been after 8 PM. Then your security guard could face severe legal consequences
because the moment the Victorian Police were to establish that indeed my version is correct then
the security guard’s version of 7.40 pm and so the rest of his concocted version will be so to say
out of the window and he will have nothing to defend himself with because once it is discovered
he lied then any argument he acted in good faith hardly can stand where he proved to concoct his
45 own version.
I have enough experiences in the courts that judges don’t like a witness who concoct evidence
and this also can result to perjury charges and so your security guard may do better to come clean
as the legal consequences can be far greater and worse then he ever may have contemplated.
He has clearly slandered my person with his allegations that I behaved in a manner he alleged
50 I did to scream in a foreign language and I require a full and total retraction of his allegations as
such and an apology as if this is not forthcoming he can bet his bottom dollar the matter will be
pursued in a legal manner by me. After all, if he was to be allowed to get away with this then he
might just think he can do it with others also and to me this kind of conduct must be stopped and
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METRO should have no person working for it that uses this kind of language and conduct as the
public must be protected from this kind of conduct. Also why didn’t the security guard leave say
a business card behind, even by his allegation (not conceded to me) he retreated behind the fence
that I was screaming in a foreign language where he could then have dropped one through the
5 fence?
.
QUOTE
Please rest assured, this is by no means intended to imply we disbelieve your version of the
interaction. In the absence of any audio based evidence, we are not in a position to categorically
10 confirm the specifics of either version of the interaction and conversation.
END QUOTE
In my view your initial investigation and the manner in which you gave me feedback is not an
issue to me as I recognise that in the circumstances you are very limited and perhaps now with
the above and the fact that I provide computer evidence that in fact I was still at the scene and so
15 my vehicle at least at 9.53 PM then obviously the security guard version that I had left before
8.25 pm cannot be correct. Also, it is because my vehicle was left in the parking bay where it all
along was parked he was able to afterwards note the numberplate RIKATI. After all, the vehicle
was there for about 2 hours! From about 8 pm till about 10 PM!
.
20 QUOTE
 Continuing his patrol, he returned to the Pascoe Vale Road perimeter fence at approximately
7.40pm
 Continuing his patrol, he noticed an unusually parked vehicle, covered in posters, with the
number plate ‘RIKATI’ blocking traffic at the Pascoe Vale Road entry of the Broadmeadows
25 Shopping Centre
END QUOTE
Well if he knew the number plate allegedly at 7.40 PM then no doubt he had this recorded at the
time in an incident report or was it that he remembered this number plate to later write it down?
Let’s be realistic that either he wrote an incident report at 7.40 PM with the number plate
30 RIKATI or he simply obtained it later and now fabricates he took the number down at 7.40 PM
because if security guards had to remember every number plate without writing it down then why
having to remember them in the first place? Is there a requirement for a security guard to
immediately report such a matter and if so I have no doubt he never did at 7.40 pm because it
simply never then eventuated! For the record my car had no posters but rather car magnets at a
35 much smaller size, albeit that might be merely have been a wrong assumption of him and I make
no issue out of this, just for the record note it! Still his dishonesty to METRO regarding other
matters referred to above should be of concern!
.
Awaiting your response, G. H. Schorel-Hlavka
40
END QUOTE 10-2-2011 CORRESPONDENCE
.
Again:
QUOTE
45 The guard entirely refutes your allegations; that he “ripped” down your banners, damaging
them; that he used offensive language towards you at any time; and/or that he refused to
provide his details on request.
END QUOTE
.
50 QUOTE
 Continuing his patrol, he returned to the Pascoe Vale Road perimeter fence at approximately
8.25pm
 At this time, you and your vehicle were nowhere in sight however, the banners had not been
removed from the fence
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 The guard exited the stabling sidings and removed the banners from the fence; taking notice of
the high quality of the banners, he took considerable care in removing them, folded them and
left them at the base of the fence
END QUOTE
5 .
Well, let the banners themselves be the evidence and if needed traces of the railway fence may be
on the banners themselves if not the guards fingerprints to prove he did touch them.
.
The Red squares marks where the banners were ripped by the Security Guard working for
10 METRO and not just ripped but large pieces are missing, and this METRO referred to as the
security guard claimed:
.

15
.
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The issue is clearly that the security guard didn’t tell the truth about what eventuated and clearly
maliciously ripped down the banners. Hence, by this in my view committed a serious crime not
only of vandalism but also within the provisions of the Electoral Act of damaging “election
material”.
5
My identity also was clearly displayed on my T-Shirt (and this also is why the police were aware
I was posting election material, as it was printed on both sides!

The vehicle showed also car door magnets:


10

.
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And, from the distance of the railway yards the security guard never could have read my
numberplates or very unlikely because the car was in the car park and so he would have had to
leave the railways yard to partly cross the road to read the numberplate (while I was writing my
complaint at McDonalds) (As shown below in the pictures)
5 .
Also it must be clear, the vehicles off road parking was one that couldn’t have blocked the traffic
whatsoever! (As shown below in the pictures)
.
Hence my 21-2-2011 correspondence was as follows:
10 QUOTE 21-2-2011 CORRESPONDENCE
METRO 21-2-2011
C/o Aaron Bright, Case Resolution Manager
Customer Feedback <Customer.Feedback@metrotrains.com.au>
.COMPLAINT Case ref. number: ab/07691
15 AND TO WHOM IT MAY CONCERN
.
Aaron,
Further to my 10-2-2011 correspondence in reply in which I stated I do not agree with the
version of the security guard and seek you to re-consider matters. I will now further highlight
20 certain matters but first quote some of my previous correspondence.
.
QUOTE 10-2-2011 CORRESPONDENCE.
QUOTE
Please rest assured, this is by no means intended to imply we disbelieve your version of the
25 interaction. In the absence of any audio based evidence, we are not in a position to
categorically confirm the specifics of either version of the interaction and conversation.
END QUOTE
In my view your initial investigation and the manner in which you gave me feedback is not
an issue to me as I recognise that in the circumstances you are very limited and perhaps now
30 with the above and the fact that I provide computer evidence that in fact I was still at the
scene and so my vehicle at least at 9.53 PM then obviously the security guard version that I
had left before 8.25 pm cannot be correct. Also, it is because my vehicle was left in the
parking bay where it all along was parked he was able to afterwards note the numberplate
RIKATI. After all, the vehicle was there for about 2 hours! From about 8 pm till about 10
35 PM!
.
QUOTE
 Continuing his patrol, he returned to the Pascoe Vale Road perimeter fence at approximately
7.40pm
40  Continuing his patrol, he noticed an unusually parked vehicle, covered in posters, with the
number plate ‘RIKATI’ blocking traffic at the Pascoe Vale Road entry of the Broadmeadows
Shopping Centre
END QUOTE
Well if he knew the number plate allegedly at 7.40 PM then no doubt he had this recorded at
45 the time in an incident report or was it that he remembered this number plate to later write it
down? Let’s be realistic that either he wrote an incident report at 7.40 PM with the number
plate RIKATI or he simply obtained it later and now fabricates he took the number down at
7.40 PM because if security guards had to remember every number plate without writing it
down then why having to remember them in the first place? Is there a requirement for a
50 security guard to immediately report such a matter and if so I have no doubt he never did at
7.40 pm because it simply never then eventuated! For the record my car had no posters but
rather car magnets at a much smaller size, albeit that might be merely have been a wrong

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assumption of him and I make no issue out of this, just for the record note it! Still his
dishonesty to METRO regarding other matters referred to above should be of concern!
END QUOTE 10-2-2011 CORRESPONDENCE.
The question is why and for what purpose did the security guard take down my registration
5 number “RIKATI”?
The vehicle clearly was not involved in any dispute and as such the security guard would have
had no justification to leave the railway yard to cross the road to take down my number plate.
.
Yes, for the security guard to be able to read my numberplate, considering the distance of the
10 vehicle from where the railway yard is, he must have at least crossed the road more then half
way.

.
My vehicle was parked at the time in precisely the same parking bay as now the photo’s were
15 taken and the photo’s show clearly that this is well of the road.
Indeed, considering it may have taken me at least 15 minutes to fit the banners onto the fence and
your security guard himself making known the police were there at times then obviously if I had
been parked on the intersection itself I would have been blocking the left turning lane or
something like that and the police would hardly have permitted this to continue if they had seen
20 my vehicle blocking traffic.
.
If you do go down to the area and do park your own vehicle in the bay and then try to read your
number plate from across the road you may find that you cannot read your numberplate from the
railway yard fence. As such, for whatever reason the security guard would have had to move
25 away from the railway yard towards the vehicle. The question then is for what purpose did he do
so and was this permitted by METRO for a security guard to leave the area he is supposed to be
patrolling?
.
One also have to ask where the security guard claimed that I had driven off, versus my version at
30 the time of the complaint I went to McDonalds across the road, from where I made the
complaint, then when did he cross the road to read my number plate?
.
Surely, he wouldn’t have done so when he claimed I was verbally abusing him? (not that I
concede I did so!).
35 If I had driven off and had parked at McDonald (Not that I did so!) then he would have had no
way of reading my number plate because of the vehicle then being out of his sight unless he went
across the road into Mc donalds car park. As such, it must be clear that your security guard has
played a game with you.
.
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But there is more to it. Again, what possessed your security guard to go to or towards my vehicle
to read my number plate?
.
I put it to you that there was absolutely no need for him to do so.
5 .
If you were to claim he had to do so as to my identity then let’s look at the banners!
.

.
10 The fence of the railway yard is shown to be wire mesh and as such easily for the security guard
to see me. And the posters on the cyclone fencing (this photo taken elsewhere) also shows my
picture on both banners. More over it shows my surname in big letters. If the security guard had
perhaps a eye problem that he couldn’t read my surname so prominently displayed on the
banners then he must have certainly been unable to read my numberplate from the long distance
15 across the road where my vehicle was in the car park!
.

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But there is more to it!
.
Besides the hat I was wearing my T-Shirt is depicted below. And also the back had the same
picture on it.
5 As such, your security guard had no need to go to my car to take my number plate details
because my surname was clearly displayed both on the posters as well as on my T-Shirt.
.
That is also why the police didn’t bother me because they were well aware I was the candidate
exercising my political right putting up banners for the election and not someone engaging in
10 unlawful conduct.
Front of T-Shirt (as downloaded from the printers website)

.
How many candidate or for that other person would be walking around with their own picture
15 displayed on both the front and back of their T-Shirt and then a security guard still would be
unable to note the persons surname?
.
Come on this security guard had you on and so to say took you for a ride!
Back of T-Shirt (as downloaded from the printers website)
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.
It should therefore be very clear that your security guard wasn’t telling the truth about matters.
Despite that he clearly was able to know my surname he never addressed me as such. Why not
5 one has to ask?
.
Obviously as you failed to respond to the 10 February 2011 correspondence it is my concern
that METRO might then be trying to cover up the issue and so my complaint and that is of
concern to me because if METRO is not transparent in its dealings then what else is it hiding?
10 I provided ample of details and METRO so far hasn’t even provided me with the identity of the
security guard, why not? Is this as some way to prevent the matter to be reported to the Victorian
Police and so METRO is obstructing the course of justice?
With the 19 February 2011 Broadmeadows District by-election over at 6pm for so far it was
concerning the ability to vote I had by 8.25pm that day removed all and any banners/posters from
15 Broadmeadows District because they had served their purpose. As such, I was not a person who
would leave any banners/posters so to say as visual pollution, which it would be if it had been
left without any election in process.

p40 17-3-2011 Submission Re elections (Part 1 of 2 Parts)


INSPECTOR-RIKATI® & How to lawfully avoid voting
A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS
B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7
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
It may be noted that around Hume City Council there are hundreds of signs and other postings
and all kind of rif raf decorating fences, trees, poles, etc and many are well outdated by a year or
more. Many have nothing left to be read on it as the weather has obliterated any details. My
banners instead as your own security guard admitted were of a high quality;
5 QUOTE
 The guard exited the stabling sidings and removed the banners from the fence; taking notice of
the high quality of the banners, he took considerable care in removing them, folded them and left
them at the base of the fence
END QUOTE
10 .
As I indicated in my 10-2-2011 response they were dumped and no folds in them to show they
were “folded”.
QUOTE
 Continuing his patrol, he noticed an unusually parked vehicle, covered in posters, with the
15 number plate ‘RIKATI’ blocking traffic at the Pascoe Vale Road entry of the Broadmeadows
Shopping Centre
END QUOTE
As indicated the items on the car were magnets (as shown above also on the photo’s) not posters!
.

20
.
Most persons facing a litany of lies would be easily defeated by a security guard but again as I
am used to cross-examine witnesses in court proceedings and elicit details by exposing their lies
I can by this show that the person has fabricated a version of event that simply so to say doesn’t
25 hold water.
.
p41 17-3-2011 Submission Re elections (Part 1 of 2 Parts)
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0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
METRO now is faced that it has a security guard who on the details provided by me clearly has
a very questionable version. Again, what was the purpose for him to go towards my vehicle to
take down my registration vehicle where after all my identity was all over displayed?
If this is how METRO deals with complaints then I have serious concerns as to the credibility of
5 METRO as clearly I provided a lot of details/information which indicate that the security guard
didn’t at all need to have anything to do with my vehicle and in particular didn’t need to take the
registration details of my vehicle as my identity was clearly shown and as such for any report he
was able to take down my details of my identity. Indeed, by his own claims that the first incident
took place at 7.40 pm (this is not conceded by me!) then clearly he would have had ample of time
10 to have taken down the details of my banners, including my surname so prominently displayed,
that there would have been no need for him to take down the registration details of my motor
vehicle. It should be clear that unless my motor vehicle was involved in some accident he
witnessed or otherwise was involved in damaging State property he was to guard and/or my
vehicle was entering the railway yard there was no justified reason for him to take down my
15 details of my registration as my personal details as to my surname was well displayed for him to
record.
In my view METRO should have questioned the security guard by recording what he was
stating so that later it can point out to him what he had stated versus the real facts. Obviously the
whole issue now places a cloud over METRO as to its integrity as if it cannot manage to
20 appropriately deal with an investigation in this matter then unlikely will others who may be less
able to provide details do any better.
.
Again:
QUOTE
25 with the number plate ‘RIKATI’ blocking traffic at the Pascoe Vale Road entry of the Broadmeadows
Shopping Centre
END QUOTE
The absurdity that I would have blocked traffic to the entry of Broadmeadows Shopping Centre
would have required me to park on the left side by this also blocking the lane and more over the
30 vehicle would have to be parked some about 50 metres from the intersection whereas the empty
area of the car park allowed me to park near the intersection. Do you really think I am going to
walk more then needed? Ask your security guard to point out where he claims I was blocking the
entrance and more over if I was that distance away from being parked in the position he claimed
to block the car park then he would have left the rail yard for a lot longer to get to the vehicle!
35 (Not that I concede I was parked as such as it simply makes no sense either, considering also the
police being in the area at times!)
The security guard has made slanderous allegations against person regarding my alleged conduct
and I view METRO has an obligation to ensure that its investigation is transparent and
appropriate and that the public is not faced with this kind of rot. It was in my view an unlawful
40 interference in my election campaign, and uncalled wilful damage and his litany of lies may only
underline this. If METRO may be seen to cover up for the security guard as perhaps to somehow
protect its own image I can assure you I am not the kind of person who will go along with this. I
have provided details and I am entitled to that METRO shows it appropriately investigated
matters and this to me has as yet not eventuated since I provided my 10 February 2011 response.
45 Do provide me with the relevant details and so what, if anything, METRO will do about a re-
investigation of the whole matter?
.
Awaiting your response, G. H. Schorel-Hlavka
END QUOTE 21-2-2011 CORRESPONDENCE
50 .

p42 17-3-2011 Submission Re elections (Part 1 of 2 Parts)


INSPECTOR-RIKATI® & How to lawfully avoid voting
A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS
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0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
In my view, there must be a compulsory reporting by VEC conducting election, to the
Parliament, about each and every incident that was reported and what, if any, action it took either
to deal itself with the matter or have it dealt with by the appropriate authorities and so which
5 Authority. After all, this so to say shoving under the carpet is undermining democratic elections!
We never should disregard such reporting being mandatory because it may then be found that
certain incidents may become apparent as a systematic conduct by certain political parties or
persons.
.
10 Below is a typical display on a wooden pallet which was secured to a pole with steel wire to
a pole as to avoid it becoming a danger to road users.
.

.
15 This one was used in the 2011 Broadmeadows District by-election and was wi8thout my
authorisation removed subsequently to Hume City council making known it would remove my
banners/posters.
The following is a display of what Hume City Council didn’t consider to be a problem (even so a
yellow sticker on the right lower part is on it since May 2010 that it should be removed, as it still
20 remains to be there). .

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INSPECTOR-RIKATI® & How to lawfully avoid voting
A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS
B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7
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
.
Perhaps taking up Kickboxing would have been better as then Hume City Council would have
stayed clear from harassing conduct?
5 .
And the sign (below) reproduced next to it also is so old you have problems to read it. Obviously
no safety problem even if a driver were to park in the middle of the intersection to try to read the
sign.

10

15
Below an old advertisements of other poster from May 2010 or even earlier and while Hume City
Council held it important for Road Management Act provisions to remove my election material
banner that was over it the original poster itself remains still in place and so countless other old
signs, posters, etc, not relating to any election campaign. This too will be considerable exposed
p44 17-3-2011 Submission Re elections (Part 1 of 2 Parts)
INSPECTOR-RIKATI® & How to lawfully avoid voting
A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS
B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7
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
in my forthcoming book. And well why not leave the Garage Sale sign also as it may block
drivers view but not an issue for a safety audit?

5
And the landscape is decorated with signs within Hume City Council!

.
p45 17-3-2011 Submission Re elections (Part 1 of 2 Parts)
INSPECTOR-RIKATI® & How to lawfully avoid voting
A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS
B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7
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0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
.
5 For sure my poster on that pole must be for Road Management Act safety audit be extremely
unsafe considering all the other signs around it not really existing?
Actually the roads are littered with signage that are supposed to be letting drivers know about
road conditions and what is legally applicable and lets see what the sings do make clear:

10 Well, forget about details as after all easier to fine a motorist claiming afterwards about details
that are not shown. That is Hume City Council road management for safety purposes!
p46 17-3-2011 Submission Re elections (Part 1 of 2 Parts)
INSPECTOR-RIKATI® & How to lawfully avoid voting
A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS
B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7
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0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Or was it sheer blatant disregard for my constitutional rights of “POLITICAL LIBERTY” as to
undermine my election, and how, by removing about all banners/posters and this while furniture
and car wrecks are littering the streets!

These are mere some example of Hume City Council safety audit that held it required to leave
10 this items littering the road but my “election material” banners/posters somehow were deemed a
danger? Come on!

p47 17-3-2011 Submission Re elections (Part 1 of 2 Parts)


INSPECTOR-RIKATI® & How to lawfully avoid voting
A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS
B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7
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0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
CAN YOU SEE BEHIND THE SING THE SIZE OF MY POSTER ON THE TRAILER
VERSUS THIS COMMONGUS BIG SIGN ADORING THE ROAD? And look around other
signage in the area but obviously they are not an issue for the Road management Act application!
Or, as I may have just shown is that Hume City Council wasn’t about road managing but simple
5 became the TERRORIST using the Road Management Act in disguise? And as is showjn in
this submission for the “election material” banners/posters they stole from me they now seek
$50.00 for each item. Well, this kind of extortion and blackmail isn’t going to do it with me and I
can expect that the parliament will step in and will ensure that never again such situation can
arise and appropriately restrict municipal/shire councils in their conduct.

10

Ivanhoe 2010 State election


.

15
p48 17-3-2011 Submission Re elections (Part 1 of 2 Parts)
INSPECTOR-RIKATI® & How to lawfully avoid voting
A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS
B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7
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0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
.
Banyule City Council has no objection to its own councillor (and others) acting in clear violation
of by-laws as long as they are not going by the name of INDEPENDENT candidate G. H.
5 Schorel-Hlavka! And look at all the signages!!!!!
.

.
Broadmeadows District 2011 by-election (Where is the permit I ask?)
10 .

.
p49 17-3-2011 Submission Re elections (Part 1 of 2 Parts)
INSPECTOR-RIKATI® & How to lawfully avoid voting
A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS
B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7
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0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Olympia Ward 2011 by-election

5 Previous State election


.

.
This sticker was right near a Banyule City Council facility but obviously of no concern to
10 Banyule City Council as it had with my election material banners/posters!
According to the VEC website the elections for “Templestowe Province” occurred in 1999 and
2002! Since then there are regions such as Northern Metropolitan Regions, that is for State
elections.

15
When then during the Ivanhoe election I placed posters on the window of this office, in view that
the state was still paying the rent for this office, I found they (the posters) were removed. To me
that was inappropriately interfering with “election material” as where this office was vacant and
paid for by the State of Victoria then surely the placing of posters on the windows should be
20 deemed well within my rights as there was no interference with any use of the shop front because
it clearly had been vacated by Craig Langdon.
p50 17-3-2011 Submission Re elections (Part 1 of 2 Parts)
INSPECTOR-RIKATI® & How to lawfully avoid voting
A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS
B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7
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
.
Bumper bar sticker:

5
As some unofficial guide cost are estimated as to replacement cost of items which were:

Pricelist as to estimated cost of items

10 HTVC Brochures per 25 $75.00

HTVC Flyers per 25 $55.00

HTVC Postcard per 100 $55.00


15
HTVC Oversize Postcard per 50 $55.00

Single item Description

20 $34.00 each Banner indoors-small

$43.00 each Banner outdoor-small-

$8.00 a set of 4 Banner corner adhesives


25
$ 8.00 each Bumper Bar sticker

$27.00 each Cap (One side printed only)

30 $9.00 each Keyring (+ $4.00 for other side printing)

$22.00 each Lawn sign (One side printed only)

$19.00 each Magnet (Car Door)


35
$19.00 each Mug (One side printed only)

$9.00 each Pen

40 $14.00 each Poster (one side printed only)

$18.00 each T-shirt Short sleeve

$14.00 each Window Decal


p51 17-3-2011 Submission Re elections (Part 1 of 2 Parts)
INSPECTOR-RIKATI® & How to lawfully avoid voting
A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS
B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7
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
Well with more then $12,000.00 worth of replacement cost of HTVC (postcards, oversize
postcards, banners, posters) and lost of other material that the over all replacement cost of all
“election material” will be in the tens of thousands of dollars that for some or another reason
couldn’t be used, mainly because of the VEC conduct then one has to ask what on earth is going
5 on?
Now we come to some of the correspondences that I provide in regard of the various
disputes. One may wonder why on earth I ended up in some many different battles just to
be in elections? Are they all so scared that my message may be heard by others that they
10 are willing to vandalise the democratic processes of elections?
QUOTE 110129 correspondence to Hume City Council
Hume City Council 29-1-2011
C/o Kristin Shanahan
15 Email: KristinS@hume.vic.gov.au
AND TO WHOM IT MAY CONCERN
.
Further to my email forwarded to Hume City Council at 02.56 am earlier today (copy reproduced
20 below) I indicate that as Author of books published in the INSPECTOR-RIKATI® series on
certain constitutional and other legal issues I have published books about how I comprehensively
defeated, after a 5 year protracted legal battle, the Crown about electoral matters.
For purpose of another book about electoral matters I have also been taking photo’s of how
political parties are blocking road access and have numerous banners on display at polling
25 stations, schools, etc. and you may recall medica coverage about polling stations that shows how
political parties had banners, etc, spread around fences, trees, poles, etc.
I did in fact provide the Electoral commission with some photographic evidence of this also and
indicated will provide this as evidence to the parliament.
I am not aware that Hume city council at any time then or during other elections issued notices
30 under the Road Management Act 2006 Section 66 as to stop if not all together prevent such
massive scale of displays by certain political parties. In fact the banners of both the ALP (John
Brumby) was considerable throughout the State even so he was not even a candidate himself in
other Districts. As such, it must be clear that Hume City Council having allowed this to go on
time and time again cannot have any kind of legal justification to ignore the sea of banners used
35 by political parties during an election period and now making an attack upon me for doing the
same. More over, it is well known from my election campaign that I have attacked the claims of
Councillor Yigit about his 10 years at council and his claim that there were (putting it in my own
words) no legitimate alternative candidates for the Broadmeadows By election and he was the
only one, this even so by 29 January 2011 I couldn’t locate his name as a candidate upon the
40 VEC (Victorian electoral Commission’s website).
I did however in my publication on my website http://www.schorel-hlavka.com and my blog
http://www.scribd.com/InspectorRikati publish my considerable criticism upon both Cr Yigit and
so also Hume City Council. To no surprise then Hume City council seems to seek to retaliate
against me by its what I consider misuse of section 66 of the Road management Act 2004 where
45 it hasn’t done so the same in past elections.
.
In my view it would be more in the benefit of Hume City council to use the Road management
Act 2004 and other legal provisions to for one stop the disturbing noise from trucks during the
night using airbrakes causing residents such as in Camp road to be deprived of a good night rest.
50 In fact all of the people who nominated me for the Broadmeadows by-election did so because of
the deprivation of sleep due to the inability of Hume City council to have a proper transport plan
in place.
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INSPECTOR-RIKATI® & How to lawfully avoid voting
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0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
As I have recommended Hume City Council should have a designated truck route in place, say
via Pascoe Vale Road and Somerton Road to Hume Highway for heavy vehicles who have no
local deliveries to use and trucks must have GPS fitted and any truck that breaches
curfews/traffic bans then the owners of the trucks are fined. As I have recommended also trucks
5 that need to deposit goods at storages in Camp Road should enter Camp Road from Hume
Highway and leave the same rout to avoid travelling through the build up area (residential area)
where people need their hard earned sleep and children can enjoy a human right to a decent night
sleep so they can be fresh to study at school.
There are other issues I attended to including the issue of diabetic’s specialist, and while
10 everyone might have been celebrating New years eve I was at my computer and forwarded to
Premier Ted Bailiue the following correspondence:
QUOTE
Mr Ted Baillieu, Premier 1-1-2011
ted.baillieu@parliament.vic.gov.au
15 .
Cc; Mr John & Mrs Sonja Rutherford, 47 Stanhope Street, Broadmeadows
Broadmeadows Progress Association
.
Ted, with the New Year we find that despite a can election having been held some 5 weeks ago and a change
20 of government resulted nevertheless for many their New Year is anything to celebrate about because it is
more of the same problems of the past.
During a recent visit to Mr John & Mrs Sonja Rutherford (Broadmeadows Progress Association) I was
given the understanding that Broadmeadows doesn’t have even a specialist for diabetics. Now, surely in
this time of day it should be a principle that a place like Broadmeadows has access to a diabetic specialist
25 without any need for me to write about this?
Consider how diabetics can progress and besides then the escalating cost to the community it also is
horrendous for those suffering and going from bad to worse that the Minister for Health should have been
immediately upon having been commissioned in the portfolio to have requested a full report of what the status
of health provisions or better to state the lack thereof is?
30 I also gained the understanding that there are problems in regard of the need of expansion of the
Broadmeadows Health Services as well as DIANELLA (Broadmeadows Community Health Centre) but
despite that the former Premier Mr John Brumby was actually the local member he lacked to ensure
appropriate levels of health services such as referred to above were provided for. Hence I urge you to take the
politics out of the health issue and ensure that without undue delay the minister for health will address these
35 and other issues, say within the next two weeks, albeit for those suffering from diabetics even tomorrow is too
late.
Victorian citizens shouldn’t have to battle for adequate and appropriate health services as the very reason
people elect Members to Parliament and from this the Government Ministers are drawn is so that the relevant
Minister will ensure that all Victorian citizens are provided upon a level of health care they are entitled upon.
40 I understand also that there are currently no beds available for a person needing this at the Broadmeadows
Health Service (who is associated with Northern Hospital in Epping).and this too needs to be addressed. With
an aging population there is a need to ensure that health service standards are maintained at the very least to
the need of the population. Talking about increasing hospital beds where so many young invalids (more then
7,000) are denied by the Commonwealth (it’s responsibility) to be provided with appropriate young invalid
45 care facilities and by this use up age care facilities resulting that many of the elderly are using hospital beds
needed for the sick awaiting a age care bed (Commonwealth responsibility) then clearly there need to be a
drastic change as to how hospital beds are used and the Commonwealth be held accountable for its failures.
I look forwards to your personal response to not just myself but also to Mr John & Mrs Sonja
Rutherford so they can pass on to the members of the Broadmeadows Progress Association and others the
50 good news that you are a Premier who will ensure appropriate health services urgently needed will be
provided for without undue delay.

Awaiting your response, G. H. Schorel-Hlavka


END QUOTE
55 .
It appears to me therefore that Hume City council isn’t using s.66 of the Road Management Act
2004 as for legitimate purposes but is rather abusing/misusing it as to try to undermine election

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INSPECTOR-RIKATI® & How to lawfully avoid voting
A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS
B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7
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
campaign against the inability of Hume City council to appropriately care for Hume city council
residents, such as those residing in residential area’s robbed of their rights of a decent night
sleep. More over, my blog & website makes clear my policies as a CONSTITUTIONALIST to
seek to stop wasteful spending by councils and that they must be curtailed to what they are
5 constitutionally s they are not a level of government. The Framers of the Constitution recognised
municipal/local councils to represent the interest of ratepayers but not being a local form of
government but merely being private corporations. As a former secretary of the Westmeadows
Progress Association I am too well aware that the councils are failing to provide for this in an
appropriate manner. Again I have widely published my policies regarding, so to say, bringing
10 back councillors to earth and to act like councillors for which municipal/shire councils were
actually created and stop this notion and grandstanding to be some level of government because
the States have no constitutional powers to create another level of government because this
would offend the federation. The States are created by s.106 of the constitution out of the
colonies and are by this bound to maintain the constitutional structure that the State Government
15 is in fact the “local government” and the Commonwealth is the “Central government”.
.
It is very obvious to me and I view likewise to any FAIR MINDED PERSON that Hume City
council is political bias in its conduct and seeks to misuse and abuse s.66 of the Road
Management Act 2004 for ulterior purposes. I am not aware that Hume City Council or for that
20 any other council insisted that for example political parties first apply for a permit to display their
numerous banners/posters/etc during elections. Now fancy Hume City Council taking this matter
to court and be faced having to admit it never acted during recent elections against political
parties and others but now seek to do so merely because my election campaign would severely
curtail the abuse and misuse (such as now referred to) of councils powers and sty to get councils
25 to act for the purpose they were originally created and that is to represent the interest of its
ratepayers and not form some unconstitutional level of government so every councillor can be a
emperor in his/her own ward and continue wasteful spending and disregard the real interest of
ratepayers. Without conceding that the Road Management Act can be applied against
election material it seems to me reasonable that if it applies to one candidate’s election material
30 then it should have been applied to all candidates involved in an election but considering Ted
Bailiue (Leader of the Liberal Party) was not a candidate in Broadmeadows District election yet
Hume City Council never bothered to take action against the numerous banners about him then
clearly Hume City Council can be perceived to be political bias!
.
35 QUOTE s3(1) Road Management Act 2004
non-road infrastructure means infrastructure in, on, under or over a road which is not road
infrastructure;
Note
See the definition of road infrastructure.
40 Examples
Non-road infrastructure would include gas pipes, water and sewerage pipes, cables,
electricity poles and cables, tram wires, rail infrastructure (including boom gates, level
crossings and tram safety zones), bus shelters, public telephones, mail boxes, roadside
furniture and fences erected by utilities or providers of public transport.
45 END QUOTE s3(1) Road Management Act 2004
and
QUOTE s3(1) Road Management Act 2004
road infrastructure means—
(a) the infrastructure which forms part of a roadway, pathway or shoulder, including—
50 (i) structures forming part of the roadway, pathway or shoulder;
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(ii) materials from which a roadway, pathway or shoulder is made;
(b) the road-related infrastructure—
but does not include—
(c) if the irrigation channel, sewer or drain is works within the meaning of the Water Act
5 1989 , any bridge or culvert over an irrigation channel, sewer or drain, other than a
bridge or culvert constructed by a road authority; or
(d) a bridge or culvert over a sewer or drain constructed under section 132 of the
Melbourne and Metropolitan Board of Works Act 1958;
Examples
10 Materials such as asphalt, bitumen, gravel, lane markers and lines would be materials from
which a roadway, pathway or shoulder is made.
END QUOTE s3(1) Road Management Act 2004
.
In my view it is a very serious matter that Hume City Council has used the provisions of s.66 of
15 the Road Management Act 2004 for what appears to me for ulterior purposes as for example
electricity poles are clearly not part of the road.
When one look at the conduct of a party in litigation the courts may consider the general
conduct of a party in regard of past elections. If therefore Hume City Council in recent elections
didn’t take any action whatsoever against any so called offenders who plastered all over their
20 banners and other election material, and how, considering the sizes of some banners used by
political parties, and now suddenly commence an all out attack upon me then in my view a Court
may take it as a very serious abuse of power or pretended powers for ulterior purposes nothing to
do with Road Management and designed to interfere with my constitutional rights of
“POLITICAL LIBERTY”.
25 I WILL NOW QUOTE SOME RELEVANT STATEMENTS.
.
http://www.austlii.edu.au/cgi-
bin/disp.pl/au/cases/cth/high_ct/1999/27.html?query=%22thi+act+and+all+law+made+by+the+parliament%22#fn50
QUOTE
30 Constitutional interpretation
The starting point for a principled interpretation of the Constitution is the search for the intention of its
makers[51].
END QUOTE
.
35 HANSARD 10-03-1891 Constitution Convention Debates
QUOTE
Dr. COCKBURN: All our experience hitherto has been under the condition of parliamentary
sovereignty. Parliament has been the supreme body. But when we embark on federation we throw
parliamentary sovereignty overboard. Parliament is no longer supreme. Our parliaments at present are
40 not only legislative, but constituent bodies. They have not only the power of legislation, but the power
of amending their constitutions. That must disappear at once on the abolition of parliamentary
sovereignty. No parliament under a federation can be a constituent body; it will cease to have the
power of changing its constitution at its own will. Again, instead of parliament being supreme, the
parliaments of a federation are coordinate bodies-the main power is split up, instead of being vested in
45 one body. More than all that, there is this difference: When parliamentary sovereignty is dispensed
with, instead of there being a high court of parliament, you bring into existence a powerful judiciary
which towers above all powers, legislative and executive, and which is the sole arbiter and interpreter
of the constitution.
END QUOTE
50 .
Hansard 2-3-1898 Constitution Convention Debates
QUOTE
Mr. SYMON ( South Australia ).-
In the preamble honorable members will find that what we desire to do is to unite in one indissoluble Federal
55 Commonwealth -that is the political Union-"under the Crown of the United Kingdom of Great Britain
and Ireland , and under the Constitution hereby established." Honorable members will therefore see that the
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application of the word Commonwealth is to the political Union which is sought to be established. It is not
intended there to have any relation whatever to the name of the country or nation which we are going to create
under that Union . The second part of the preamble goes on to say that it is expedient to make provision for
the admission of other colonies into the Commonwealth. That is, for admission into this political Union,
5 which is not a republic, which is not to be called a dominion, kingdom, or empire, but is to be a Union
by the name of "Commonwealth," and I do not propose to interfere with that in the slightest degree.
END QUOTE
.
Hansard 17-3-1898 Constitution Convention Debates
10 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
15 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
20 the citizen from interference. 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
25 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
30 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
35 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
40 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
45 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
.
50 And, the Court may first of all have to consider the legal standing of Hume City Council as if it
acts as a “local government” to which it is constitutionally non-existent then it may very well be
obligated to so to say throw out of the window any claims by Hume City Council.
It is not relevant if the State Parliament provided any purposed legislation to declare a
municipal/shire council to be a form of “local government’ as my publications on my blog and
55 website have extensively canvassed this issue and that no constitutional parliament can alter or
otherwise interfere with its State constitution and only the electors can approve or veto an
amendment to a State constitution. As such, Hume city council may very well be required to
show when a State Referendum was held to amend the State constitution as well as when a

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referendum was held that approved to amend the constitution (The Commonwealth of Australia
Constitution Act 1900 (UK) as if it cannot do so then forget about a legal standing.
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
5 Mr. BARTON.- Of course it will be argued that this Constitution will have been made by the
Parliament of the United Kingdom. That will be true in one sense, but not true in effect, because the
provisions of this Constitution, the principles which it embodies, and the details of enactment by which
those principles are enforced, will all have been the work of Australians.
END QUOTE
10 And
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
Mr. BARTON.- 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,
15 therefore, it can only act as the agents of the people.
END QUOTE
.
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
20 Mr. DEAKIN.- In this Constitution, although much is written much remains unwritten,
END QUOTE
And
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE Mr. DEAKIN.-
25 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.
END QUOTE
30 And
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
Mr. SYMON (South Australia).- 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
35 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
40 .
Now quoting some correspondences
QUOTE
From: Kristin Shanahan <KristinS@hume.vic.gov.au>
]

To: mayJUSTICEalwaysPREVAIL@schorel-hlavka.com
Cc:
Date: Friday, January 28, 2011 09:19 am
Subject: Hume City Council Direction to Comply
Attachments: Text version of this message. (1KB)
Road Manage Act AppRMAComp 2180067.pdf (83KB)

Dear Mr Schorel-Hlavka,

Please see the attached Direction to Comply. Should you have any queries, please do not
hesitate to contact the authorised officer at the Municipal Offices on weekdays between the
hours of 8.30am and 5.00pm on 9205 2200.
Thankyou,

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0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Technical Services Department
Hume City Council
Confidentiality
This information is Confidential. The information contained within this
transmission is directed to the defined recipient(s). Should this
transmission accidentally finds its way to an incorrect recipient then it
should be destroyed immediately without disclosing or using the information
contained within the transmission. If you have received this transmission in
error then please inform the sender immediately by return email and delete
the transmission and all of its associations. Any views expressed in this
email are those of the individual sender and may not necessarily reflect the
views of Hume City Council.
The Hume City Council has implemented anti-virus software, and whilst all
care is taken, it is the recipient's responsibility to ensure that any
attachments are scanned for viruses prior to use. The Hume City Council
monitors its email traffic.

END QUOTE
.
QUOTE
ROAD MANAGEMENT ACT – 2004
5 SCHEDULE 8
DIRECTION TO COMPLY
28 January 2011
To the Person in Charge:
Gerrit Hendrik Schorel-Hlavka
10 mayJUSTICEalwaysPREVAIL@schorel-hlavka.com
File Reference
No:
RMA20009
Reason for
15 Directions
Issue:
Sect 66. Written consent required for placing of specified
things on a road or road infrastructure
(1) Subject to sub-section (2) a person must not without the
20 written consent of the relevant coordinating road authority—
(b) place any sign or bill on or over a road or on a pole
bus shelter traffic sign tree or other object or infrastructure
on a road reserve.
Penalty: 10 penalty units
25 Remove all unauthorised political advertising from Road
Reserves throughout City of Hume within 48 hours of receipt
of this notice.
Inspection
Date:
30 27/01/2011.
You have, in the opinion of Hume City Council or an authorised officer of the Council,
committed one or more breaches of the Road Management Act 2004.
The item(s) indicated above are in breach of the Road Management Act 2004, Part 5
Protection of Roads, and Division 1 – Offences.
35 1. In contravention of section 61, clause (1) a person must comply with a
direction issued to the person under clause (3) of Schedule 6 within the time
specified in the direction.
Penalty: In the case of a natural person,
10 penalty units;
40 In the case of a body corporate,
50 penalty units.
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You are required to carry out all work necessary to ensure compliance within 48
hours from receipt of this notice. If you require further information you may contact
the authorised officer at the Municipal Offices on weekdays between the hours of
8.30am and 5.00pm. You are reminded as the person in charge of work or owner
5 of property for which the works are carried out for, is compliant with the Road
Management Act 2004.
If you fail to comply with this Notice you will be guilty of an offence under the Road
Management Act which will result in a $119.45 per penalty unit infringement being
issued to you for each offence without further notice. The Council at its sole
10 discretion may then carry out the works, for the cost of which, in addition to the
penalty, you will be liable.
……………………………………… Date: 28/01/2011.
Signature of Authorised Officer
Authorised Officer’s name: G. BIRD Telephone No: 9205 2200
15 END QUOTE
.
QUOTE
From: G. H. Schorel-Hlavka <schorel-hlavka@schorel-hlavka.com>

To: Kristin Shanahan <KristinS@hume.vic.gov.au>


Cc: inspector_rikati@yahoo.com.au

Date: Saturday, January 29, 2011 02:56 am


Subject: Re: Hume City Council Direction to Comply
Attachments: Text version of this message. (8KB)

Hume City Council

I notice that you have issued a notice however it seems you have overlooked that such as
the Environment Protection Act does exclude political material in relation to an election. the
Framers of the Constitution (within which in s106 the States were created) specifically
provided for "POLITICAL LIBERTY" as elections are a part of the exercise of democratic
rights and needed for the advancement of democracy.During the recent State election I was
a candidate in Ivanhoe and Banyule City Council first having objected to my election
material then accepted that I could leave it until 3 days after the poll was held. However, I
had removed all election material within 24 hours after the closure of the poll as such
sought to immediately remove all the material.I noted that a councillor of Hume City Council
Cr Yigit has indicated to stand for the by election for Broadmeadows and in fact Hume
Weekly and Hume Leader as well as the Star Weekly referred to this. Further, I noticed that
all around the Hume City Council area there were numerous poles that had material on it
some appeared to have been so worn by weather conditions as to appear to have been for
many years about, including garage sales signs. the Courts have always accepted that
ordinary legal provisions may not apply where it comes to political issues for example a
demonstration may cause the blocking of traffic but is an essential part of democracy
provided the demonstration is within a reasonable manner. With Banyule City Council it was
then an opponent candidate Anthony Carbines who reported me for littering, etc, such as
handing out how-to-vote-cards where his own supporters were issuing them. It is therefore
obvious that when a sitting councillor is contemplating or is nominating to be a candidate in
an election then the relevant council shouldn?t be or be seen to be political bias by seeking
to interfere with a political campaign of a candidate..I have been careful to use sticky tape
only as to avoid any damage to concrete poles or trees so that when items are removed
after the poll having been held at least no traces will be left as to my political campaign but
obviously all the other signs that were and will remain on display of garage sales, etc, will
remain, as it is not for me to remove those signs as I have no right to do so. Obviously it
appears to me that Hume City Council hasn?t bother to pursue the removal of those signs
that have existed already for a long period of time on display, or the pieces that were left of
it. .The Electoral Act provides up to 5-years term of imprisonment for anyone who interferes

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with electoral material. This is obviously provided for because the legislators held that
democracy must not be interfered with. .It should be noted that election material was
placed on display as an nominated candidate and not otherwise and therefore is part of a
political election campaign and not otherwise and I have every intention to remove it all, as
I did in Banyule, as soon as possible after the poll has been held, as not to do so then would
in my view be beyond the intentions of the Framers of the Constitution and this is to provide
for POLITICAL LIBERTY. .None of election material refers to selling any goods, such as
garage sales notices do, but all refer to ?VOTE 1 Schorel-Hlavka? referring to that I a
nominated candidate in the Broadmeadows by-election. I invite you to check with the VEC
website and you find that I am listed as the first nominated candidate. Obviously, after the
election has been held I will report to the Parliament about your writing and express my
concerns that yet again where a sitting councillor indicates to be a candidate (irrespective if
he is or isn?t going to be one) then the council seems to be hell bend on trying to interfere
with my POLITICAL LIBERTY but has done nothing to deal with any material such as the
numerous garage sale material that has been on display at numerous places for so long. In
my view this makes it appear that Hume City Council is taking a political bias position
directed against me as a candidate and not for purpose of concerns about any
legislation/regulation, etc..My 78 year wife Olga even commented to me how on earth so
many nails could have been left on poles, etc. This referring to some poles containing 30 or
more nails that were inserted by others for posting their advertising material, this whereas I
used sticky tape material to avoid any kind of damage to any structure..I urge Hume City
Council to apply the same kind of understanding Banyule City Council did and that it accepts
that I undertake to remove all (political) election material within 3 days after closure of the
polls. (19 February 2011 that the poll is held) My aim would be to remove it all within 24
hours after closure of the polls. .
As Hume City Council used the email address as registered with the VEC then clearly it is aware
that my material relates to an election and is election material.
.
Within the provisions of the Environment Protection Act I understand that depositing material
not specifically addressed to a householder in a letterbox is considered littering, except where it
concerns election material. I understand that Hume City Council has its Hume (council) monthly
delivered into letterboxes what appears to be in breach of the Environment Protection Act as it is
not material excluded by the act. As such it may appear that Hume City Council is selective in
what it may claim to be law enforcement.
.
In my view any council must be careful not to be seen as being political bias and it appears to me
because of the well published interest of Cr Yigit to be a candidate then for a FAIR MINDED
PERSON, considering also other issues raised above, it appear that Hume City Council is acting
with political bias in particular where it didn?t seem to bother to have the numerous garage sale
and other signs removed from the same poles, etc.
.
For the above I urge Hume City Council to accept it must remain and must be seen to be without
political bias or otherwise seeking to interfere with a political campaign, and for this will accept
that my undertaking to remove my election material within 3 days of the closure of the polls in
the circumstances.
.
Mr G. H. Schorel-Hlavka
.
29-1-2011

(Snail) Mail to:


Mr G. H. Schorel-Hlavka

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Self-Help for Pro Se and Pro Per Litigants - Lawsuit Self-Help Step-by-Step - Jurisdictionary?
-----Original Message-----
From: Kristin Shanahan [mailto:KristinS@hume.vic.gov.au]
Sent: Friday, January 28, 2011 09:19 AM
To: mayJUSTICEalwaysPREVAIL@schorel-hlavka.com
Subject: Hume City Council Direction to Comply

Dear Mr Schorel-Hlavka,

Please see the attached Direction to Comply. Should you have any queries, please do not
hesitate to contact the authorised officer at the Municipal Offices on weekdays between the
hours of 8.30am and 5.00pm on 9205 2200.
Thankyou,

Technical Services Department


Hume City Council
Confidentiality
This information is Confidential. The information contained within this
transmission is directed to the defined recipient(s). Should this
transmission accidentally finds its way to an incorrect recipient then it
should be destroyed immediately without disclosing or using the information
contained within the transmission. If you have received this transmission in
error then please inform the sender immediately by return email and delete
the transmission and all of its associations. Any views expressed in this
email are those of the individual sender and may not necessarily reflect the
views of Hume City Council.
The Hume City Council has implemented anti-virus software, and whilst all
care is taken, it is the recipient's responsibility to ensure that any
attachments are scanned for viruses prior to use. The Hume City Council
monitors its email traffic.

END QUOTE
.
I am not aware that any election material I posted was in a condition to cause any kind of
disruption to traffic. Fitting for example a banner/poster around a pole certainly would not
5 impede traffic because any traffic that would be able to hit the poster/banner would already be
out of control and have mounted a footpath or other curb to even try to get to the poster/banner.
Neither does any election material obscure the view of any road user as to be able to conduct safe
passage upon the roads.
As I indicated also in my initial email response of 02.56 am there are ample of residue of signs,
10 including numerous nails, left in various poles and yet Hume City Council seems to have no
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issue with this and if anything some of my banners/posters rather improved the particular site
from the ugliness of all the nails it covered up.
.
I welcome Hume City Council to provide me with details of all the s.66 notices it issued in recent
5 times against those candidates involved in elections! And, it may also then have to consider why
on earth it allowed banners referring to Ted Bailiue around Hume City Council where he wasn’t
even a candidate for Broadmeadows District? Is this meaning that as long as a political party or
candidate doesn’t have a policy that may be considered adverse to a municipal/shire council then
the display of political matters is permissible?
10 .
As I indicated already with Banyule City Council it accepted that I would remove all election
material within 3 days after the polling date and I did so in fact within 24 hours (and so in the
rain also!) As such, it cannot be argued that my election material will be on display (like all the
residue of past garage sales and other notices) for ever in the day because my election material
15 only relates to an election to enhance the democratic processes and upon which residents are
entitled to be aware of. It is a basic requirement for a democracy that those who are standing for
election as a candidate, and not pretend to be as councillor Yigit seems to me to do) are known to
the electors. It may very well be that so to say cr Yigit failed (as it appears to me) to obtain ALP
endorsement, as he was referred to in the media to rely upon because of the extensive campaign I
20 have set in train. And Hume city council may very well seek to misuse and abuse its powers so as
perhaps seeking to undermine my election campaign as to try to assist a fellow councillor to get
so to say a better footing in the election. Still, ultimately the courts may have to decide matters,
such as referred to above and the end result may be, as I anticipate, that a ruling will eventuated
against Hume City Council and more over finally so called “local government” as referring to
25 municipal/shire councils will be held to be unconstitutional.
.
Hansard 20-4-1897 Constitution Convention Debates
QUOTE
Dr. COCKBURN: I have raised this point at every opportunity. I do not wish to take up the time of the
30 Convention, but I certainly shall move-an amendment, because the clause is not in accordance with the
general provisions of Federation. The States composing the Federation should have full power to deal
with local affairs. Essentially, all external relations are taken out of their jurisdiction. I do think they
ought to have the power themselves to say what the Constitution under which they live shall be.
END QUOTE
35 This means also that councillors have no lawful position to travel overseas on purported council
matters, etc. even if for some reason, that I concede this can be legally justified, were to be
deemed a level of government. So, Hume City Council councillors better get used to the idea
they are to represent local ratepayer’s interest and no more.
I make it very clear that I didn’t intend and neither hold that I am acting in violation of any
40 legislative provisions because ultimately no act of parliament can interfere with the embedded
legal principles of the constitution such as “POLITICAL LIBERTY”. The real issue should be
considered if my election material is causing a real harm and not some pretended harm. In my
view my election material are in the spirit of democratic elections permissible and any legislation
that may purport otherwise would be deemed non-enforceable because to permit otherwise would
45 allow manipulation of powers by whomever as a way to undermine opponents election
campaigns. It must be clear that Hume City Council being on the receiving end of my election
policies then has its judgment clouded by the dust that is created by this political fight.
It seem to me more appropriate Hume city council withdraws the 29 January 2011 s.66 Road
Management Act correspondence to me and accept that in the circumstances my political
50 campaign should be left to run its course and the electors left to decide who shall be elected
without any undue interference by Hume City Council to try to influence this outcome, so that
within 3 days after the poll having been held the election material can be removed by me.
.
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Awaiting your response, G. H. Schorel-Hlavka

END QUOTE 110129 correspondence to Hume City Council


.
5 Obviously this didn’t do it for Hume City council as it simply persisted to remove “election
material” regardless of what may be lawful! At least no one can claim I didn’t make the effort to
try to get them to understand what was applicable. But as generally is happening councils are
terrorising their ratepayers and so why not do the same in regard of an election candidate who
could severely financial cripple the councils rip of the ratepayers by exposing the truth?
10 .
QUOTE 110202 correspondence to Hume City Council
Hume City Council (& Councillors) 2-2-2011
C/o Kristin Shanahan Email: KristinS@hume.vic.gov.au
Cc: Geoff Bird GeoffB@hume.vic.gov.au COMPLAINT
15
AND TO WHOM IT MAY CONCERN
.
Sir/Madam, the legal doctrine of “ex turpi causa non oritur action” (You cannot come to court
with dirty hands) denies any remedy to a litigant (including a prosecutor or defendant) who does
20 not come to court with clean hands. Hume City council cannot take the law into its own hands
and then ask a court to deal with the matters as if its own conduct is permissible.
In recent correspondence there has been an issue about my election campaign which included my
banners and posters that were posted around Broadmeadows District, for which I was the first
nominated candidate, an INDEPENDENT candidate I may add.
25 As a CONSTITUTIONALIST I hold it essential that where there is a dispute between parties
then ultimately the courts are there to impartially adjudicate about matters of law.
Geoff Bird indicated in his email January 31 at 09.32am; “Failure to comply will result in
Council removing all unauthorised advertisement and issuing infringements of 3 Penalty
units for each sign not removed by this deadline.”
30 By this Geoff Bird disregard my correspondence that my banners/posters are part of an election
campaign and it is an offence to interfere with the political rights of a person (not just a
candidate) with up to 5 year term of imprisonment as well as it is an offence with up to 5-years
terms of imprisonment to remove or damage election material.
On 1-2-2011, Tuesday evening, at about 10.45 pm, I have reported to the Victorian Police at
35 Broadmeadows that about $3,000 of replacement value of banners/posters were removed from
Barry Road and that Geoff Dixon (should have been Geoff Bird) of Hume City Council had
indicated that he would have banners/posters removed. I consider this was nothing but plain theft
and wilful damage and also interfering with my political rights.
It is not relevant if Geoff Bird himself or and or others did remove the banners/posters as
40 ultimately I hold that in view of his correspondence he is considered by me to be responsible.
We are living in a democratic society and when there is a dispute governing legal issues then we
have a democracy that provides for the impartial adjudication by the courts and not that Hume
city Council so to say take the law into its own hands. After all, Hume City Council wouldn’t
want in future that whenever a ratepayer has an argument with Hume City Council then the
45 ratepayer takes the law into his/her own hands, would it?
The police officer did ask me if I would inform Geoff of my report to the Police and I indicated I
would and do so hereby via Hume City Council. In my view it is regrettable that more then
$3,000.00 (estimated replacement value) worth of banners/posters have been unlawfully removed
also because this now interferes not just with my political rights but also of the electors. They are
50 entitled to be made aware as to a particular person standing as a candidate.
Before Hume City Council engages in further rot about my letterboxing of material and
unsolicited advertising material also referred to as junk mail it must be understood that the
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environment Protection Act specifically exclude election material to be regarded as such. Hence
election material does not constitute to be “junk mail” and neither “unsolicited advertising
material” but is regarded essential in the working of a democracy. Therefore Parliament has
made clear that election material as part of the working process of democracy cannot be regarded
5 as being advertising material, to which Geoff Bird referred to. By this also his notice was
therefore in that regard defective and null and void. The removal of any banners/posters also
could not be deemed lawful because they were removed without my authorisation and/or
consent and/or knowledge. It is clearly a deliberate conduct to undermine the election process
to hold a fair and proper election and to me that is a very serious issue.
10 .
As an INDEPENDENT candidate I do not have the financial and other resources of a political
party and certainly can do without undue interference by Hume City Council. The mere
correspondences themselves from or on behalf of Hume City Council is an undue interference in
my political liberty. I do not accept that this was a merely accidental error but rather a deliberate
15 interference and that the full weight of the law should be applied. In particular where I did urge
Geoff Bird to consult a competent lawyer in constitutional matters and that ultimately it will be
the courts to make the decision on basis of law then I view Hume City Council (so its employees)
should have respected this course of action, which now appears not to have been followed.
I am well aware that Hume City Council may prefer a Labor Party representative but this to me is
20 no justifiable excuse as ultimately the electors have a right to choose who they desire to represent
them and Hume City Council should never have in the first place commenced to interfere with
this. The fact that I as a CONSTITUTIONALIST seeks to cut down the absurd spending spree
of councils and the absurd rate increases often double the CPI figure is neither any excuse for
Hume City Council to undermine my election campaign. My recent writings have been nothing
25 less but very courteous to seek Hume City Council to get a grip on itself and understand it cannot
and must not interfere in the due election processes but it now appears to me it was to no avail. In
my view Hume City Council has to order an independent investigation into the whole matter.
Obviously also what it proposes to do with replacing the missing banners/posters.
I did very much set out that previously the Commonwealth was comprehensively defeated when
30 it sought to enforce its legislation against me where I proved after a 5-year epic legal battle that
no legislation can interfere with constitutionally embedded legal principles. As such, I view
Hume City Council would have done better to avoid any escalation of conflict by its own actions.
Every Member of Parliament is holding a seat because of elections that were held and it would
be sheer and utter nonsense then to hold that parliament would have intended to legislate to
35 curtail election that are part of a democratic exercise to elected a representative to the extend that
Hume City Council now purport to do. It may rather be that Hume City Council itself at times
might be guilty of spreading “junk mail” but isn’t aware of doing so because it may not consider
it to constitute “junk mail” even so in law it might be. Still, the fact that Hume City Council may
not desire a CONSTITUTIONALIST to be elected to the Parliament as then I would pursue
40 that municipal/shire councils return to the role of representing ratepayers and not, so to say, act
as emperors in their own right may be behind the reason why Hume City Council appears to me
to be now engaging in a form of terrorism to interfere with the rights of both the electors and
myself as a candidate to have a fair and proper election. I DEMAND that all banners/posters
that were removed are immediately replaced and appropriate action is taken against those
45 involved in the removal of the banners/posters. Where Hume City Council for whatever reason is
unable to replace the banners/posters then it should forthwith have me compensated for them.
Hume City Council should have a policy that it cannot itself take the law into its own hands but
as like others is bound to have a Court of Law to make the impartial decision on basis of law,
which I view it failed to do now.
50 .
Awaiting your response, G. H. Schorel-Hlavka
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END QUOTE 110202 correspondence to Hume City Council
.
As must be clear from the various pictures that once Hume City Council started this rot about the
Road management Act I decided to show that this was a blatant deceptive excuse and that my
5 photo’s prove that it had nothing to do with it. Surely having furniture and other items, including
a car wreck, along the road is far more dangerous then a by-election material” banner/poster?
QUOTE 110203 correspondence to Hume City Council
Hume City Council (& Councillors) 3-2-2011
10 C/o Kristin Shanahan Email: KristinS@hume.vic.gov.au
Cc: Geoff Bird GeoffB@hume.vic.gov.au COMPLAINT-supplement 1
AND TO WHOM IT MAY CONCERN
.
15 Sir/Madam,
This afternoon I was at Camp Road Broadmeadows (Hume city council) and noticed that there
was an A-Frame situated alongside the road of the VEC (Victorian electoral commission) as to
an early voting centre. And obviously the question is if this was by permit or the VEC simply
placed it there and it will remain to be there for some time but Hume City council simply isn’t
20 concerned about this being on the side of the road?

Also, just off the road I noticed the Australian Greens having its triangle sign on display. Would
this mean they too obtained a permit or Geoff Bird (HCC) isn’t that concerned about
25 Road Management provisions when it comes to the Australian Greens?
.

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Then again considering that my banners/posters were removed along Camp Road then I wonder
why not the many garage sale signs of long past garage sales, debris and other items? Is it just
that my banners/posters were removed for no other purpose but an interference of my political
campaign as after all if it was about Road management wouldn’t the proper display of signs be
5 more important? Here we had a no standing sign hardly visible. To me road signs that are very
important should have prior consideration. Obviously it seems Road management doesn’t include
proper management over road signs that are fainted away that you don’t know to which area it
applies. And it seems advertisement space is available for a price and so HCC seems not to be
against the display of material just as long as it so to say can make a buck out of it. Yes the
10 various post with advertising space is noted.

15

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5 .
The above photo’s (other then the last one) are just about Camp Road and I could have made
plenty more but no need to do so because there are ample of others in other area’s. Even a car
wreck, etc. As such, this whole notion about this being about Road management you can say
goodbye because it would be utter and sheer nonsense to hold that it was about Road
10 Management where debris is littered all over and nothing is done about that.
Why is it that so many cars are unlawfully parks and yet Geoff Bird seems to me not to be
involved to deal with this in his Road management plan to stop this.
Actually below pictures of how the bicycle lane is situated where cars are to be parked rather
then use part of the nature strip for a bicycle lane. What kind of Road Management is this I
15 wonder? Yes a bicycle is painted in the lane but it is also a parking area. Seems to me someone
so to say needs a kick on the butt and told to get of his butt and organise proper Road
Management or vacate the job for someone more competent in doing so.

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And outside the NQR centre we see one of many advertisements and I just wonder was there a
permit for this or isn’t this really not offence to the Road Management Act provisions because it
is not part of a political campaign against Hume City Council such as it should follow Federal
government policy not to increase rates beyond the CPI figure because the Commonwealth
5 standards are to be followed by State governments and also by municipal/shire councils.

.
If Hume City Council is going to think they can hoodwink the courts to argue that my
10 banners/posters were stolen and so removed because of Road Management provisions but that
debris, unreadable road signs, old defunct garage sale signs, lost animals signs and whatever are
not relevant then it may get some sobering response because I do not think that even if the Road
Management Act were applicable, this is not conceded by me regarding political campaigns, then
Hume City Council has to show an even handed application and not remove banners/posters but
15 not the other signs and rubbish. Actually many a pole was more attractive having my banner
covering up all the rif raf that was on poles, at least that is my view.
UI didn’t even have to go around to get evidence as such because I come across plenty when
letterboxing my election material and I can assure you that there is a lot more and my camera
will be snapping up a lot more to show that the removal of my banners/posters had nothing to do
20 with Road Management but simply abuse and misuse of power by and/or on behalf of Hume City
Council and this kind of political interference should be of great concern as it is tantamount to
undermine our democratic system.
Besides Road Management issues I saw a lot more that I consider shows Hume City Council is
failing to manage the place appropriately and I will be making a lot more photo’s about it.
25 I offered to maintain a STATUS QUO but clearly Hume City Council seemingly obsessed with
playing some power play game wanted to show its muscles. Well, I intend to publish another
book in the INSEPCTOR-RIKATI® series on certain constitutional and other legal issues and
rest assure Hume City Council will have its Chapter all right with nu7merous photo’s to adore it
how it appears to manage or better to state mismanage it and seems to be obsessed to pursue me
30 about my lawful political campaign perhaps as to try to avoid that I might be elected. After all,
why remove the banners/posters but not the rif raf adoring so many poles and attend to other
items? Hume City council took the law into its own hands rather then to pursue an impartial
judicial decision and if Hume City Council thinks this is a proper example of how one deals with
a dispute for ratepayers to follow then it obviously doesn’t have a clue what the consequences
35 can be from this. Clearly the removal of my banners/posters nearby an Early Poling Station but
not that of the Australian Greens also underlines there is a political bias! As I did file a formal
complaint with the Victorian Police already it is obviously a reported criminal offence also!
The question is what does Hume City Council propose to do to rectify matters and to
provide appropriate compensation because the replacement cost is escalating the more
40 banners/poster are removed besides the unconstitutional/unlawful interference in a
democratic election?
.
Awaiting your response, G. H. Schorel-Hlavka
END QUOTE 110203 correspondence to Hume City Council
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QUOTE 10 -3-2011 CORRESPONDENCE

END QUOTE 10-3-2011 CORRESPONDENCE


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.
I offered to maintain a STATUS QUO but clearly Hume City Council seemingly obsessed with
playing some power play game wanted to show its muscles.
Since the initial report was made to the Victorian Police at Broadmeadows a lot more
5 banners/posters were removed to a total estimated replacement value of $8,000.00
Obviously the problem was for me to prove that Hume City Council actually was involved in the
removal of the banners/posters and not just someone else was doing it! As such this was some
orchestrated political interference under the disguise by councils to be because of the
Environment Protection Act, the Road Management Act or whatever where in reality it was
10 deliberately targeting me because of my election campaign against councils slugging
unconstitutionally pensioners and other welfare recipients more then the CPI. And this is a very
serious matter because clearly, Banyule City council was not bothered about other candidates
having an area of display on post and fences but only targeted me for this and the photo’s that
will be published in my book will be extensive showing this also.
15 .
It is absurd to have for example Hume City Council targeting my banners/posters for Road
management Act purposes where the streets are littered with smashed car wrecks,
furniture, all kinds of advertisement material on poles, etc. And the same with Banyule
City Council.
20 .
This together with the conduct of METRO and the fact of the fire put onto the A-Frame in the
front yard of Liberal Candidate Carl Ziebels (Ivanhoe) which not only endangers his property but
also the lives of not just himself but also that of his wife and his two small children and the
knives attacks upon banners dumped in my drive way even so they didn’t have my residential
25 address on it, and numerous other matters, including the constant removal of banners/posters
then one has to ask what reporting, if any at all, did the VEC do so that Parliament at the very
least can become aware of such and numerous other incidents and by this perhaps can put in
place appropriate legislation to ensure matters will be appropriately dealt with?
More then likely the VEC presents its submissions that appears to indicate it is all so to say
30 hanky dory. Well it isn’t and how long will it be before appropriate action is taken or is there a
need to have human life wasted first? After all the fire at Liberal candidate Carl Ziebels could
easily have gone out of hand and resulted to loss of life. Elections have entered a period of actual
TERRORISM and the VEC would pretend everything is hanky dory and there is nothing wrong
going on. Sack the lot and get more competent people managing elections is my view!
35 .
Then we had Banyule City Council (of which at the time ALP candidate Anthony Carbines was a
councillor (on leave) pursuing me for having handed out “litter” because of a complaint by
Andrew Carbines that I was handing out how-to-vote cards outside the Heidelberg Height Post
Office which was next to his temporary office. Next I know is that more then 20 wooden pallets
40 with election banners and posters disappeared as well as two being dumped in my driveway
slashed with knives, and the CIB (Police) commenced their investigation, and night after night
banners/posters being removed. Again, the VEC whose duty is to make known to people what is
applicable as to elections in its advertising failed to provide any information that
interfering/removal of election material (such as banners/posters) could lead to up to 5 years
45 imprisonment. It is clear that the VEC miserably failed to ensure there were fair and proper
elections.
.
Now you see the replacement poster:

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Now the replacement poster is destroyed!

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When then I reported in Broadmeadows district to the VEC manager that my poster had been
removed (showing the wiring was still there) and replaced with an ALP signage he made known
he would report this. I accepted that in the circumstances this is the best he could do. However,
when I then subsequently attend to the Dimboola Road voting centre and reported the same there
5 to the VEC manager Philip he made clear it was none of his business. In my view any conduct
relating to elections is his business. I didn’t expect him to stand guard over any election material
but at the very least he should have noted it and reported it. Clearly there was an involvement by
the ALP in different elections of the removal of other candidate election material and to me this
is clearly prohibited by the election Act. Actually at Campbellfield, just after the closure of the
10 election, I went around to collect any posters I had fitted for the election and caught red handed a
greens candidate supporter just removing the last wire of my poster and walking off with it when
I stopped him.
In the Ivanhoe District elections where the voting centre was at Waterdale Road near Altona
Street other then for one all other banners and signs were missing when I came soon after the
15 election had closed. I had however made photo’s of them and so know precisely what went
missing. Then we had Hume City Council in the Broadmeadows district by-election making
known it would fine me for any election banners/posters I had on display, and would remove
them. I reported at the time to the Victorian Police at Broadmeadows some estimated $3,000.00
worth on replacement cost of banners/posters were removed and since then discovered this to be
20 more closely to $8,000.00 worth of replacement cost of election banners/posters. I kept a
considerable record with my photo camera as to the rubbish that were on the poles and which
were left afterwards by Hume City Council, even posters advertising about some venue in
Brisbane, Sydney and Melbourne in May 2010, as such of the previous year but somehow this all
had nothing to do with Road Management Act it claimed was applicable to my election material
25 but somehow not to any other material on display, or for that unregistered car wrecks, dumped
wrecked furniture, etc. Even Metro running the railways came into the act to destroy election
banners/posters!
.
I was also informed that the Olympia Ward counting was out of wack as to that apparently for
30 example a ballot showing next to my name a “1” it was claimed that this was a “7” and so I
didn’t get the first preference by this, and I understand the person who had the 7th preference by
this was given the 1st preference. I do not know how extensive this conduct was but to me it is
alarming that this eventuated in the first place.
Front side of T-Shirt Back side of T-Shirt

35
.
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We then also had a considerable bools up with the VEC undermining my election campaign.
Photo’s show that on 27 November 2010 in the Ivanhoe District election while other candidate
supporters were wearing T-shirts with the candidate’s name they supported on it when handing
out How-to-vote card at voting centres I had been warned by election officials on 7 November
5 2010 at Lt Collins Street, Melbourne that I couldn’t have any supporters wearing any T-Shirt
with my name on it was it was within the provisions of the legislation deemed to be a “notice”
because it had my name on it. Likewise the VEC then ruled that I couldn’t give out mugs with
my name on, not even to my supporters handing out How-to-vote Cards, it because they too
would constitute a “notice”. Yet, when then for the Broadmeadows District by-election for 19
10 February 2011 I then delivered mugs to the VEC head office it was then ruled they didn’t need to
be registered, and I was advised that I could use the T-shirts for any supporter. As such, what we
have is a policy on the run pending if they (the VEC) think they can undermine my election or
not.
Lets see what other candidates did then during the 2010 Invahoe district election!
15 .

.
That is left, the girl in yellow is wearing a T-Shirt for the Sex party and next to her the man
shows off his red T-shirt with the name Anthony Carbines on it. And well let’s have
20 another one for Anthony Carbines, but remember for me it was illegal to have a T-Shirt
with my name on it because it would be within the provisions of the act a “notice” well, just
for the 2010 Ivanhoe District election because for the 2011 Broadmeadows district by
election then it seems the legislation changed, well the legislation didn’t change just the
interpretation by the VEC and so then it was all rights. Seemingly because I caught out the
25 VEC to unlawfully deny me my “POLITICAL LIBERTY” with its ongoing nonsense.
Notice also the A-frames so force electors to walk through them, by this narrow the footpath.!
p73 17-3-2011 Submission Re elections (Part 1 of 2 Parts)
INSPECTOR-RIKATI® & How to lawfully avoid voting
A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS
B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7
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
.
This submission Part 1 of 2 Parts is not intended and neither must be perceived to include
5 all relevant matters/details and neither refers to matters as to any priority.
.

MAY JUSTICE ALWAYS PREVAIL®


.

(Our name is our motto!)


10 .

.
To be continued with part 2 of 2 parts

Awaiting your response, G. H. Schorel-Hlavka

15

p74 17-3-2011 Submission Re elections (Part 1 of 2 Parts)


INSPECTOR-RIKATI® & How to lawfully avoid voting
A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS
B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7
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