hootgallery - steve fitz
Testing the System
By Stephen Fitzgerald
No Justice in a corrupted legal system
In pre-hearing, the conciliator advise that very few cases are ever won by the worker seeking justice in the FWC. My question to that was why? The corporate will win and they will go after you for costs and drive you into bankruptcy. My question to that was how? From this experience it comes down to unscrupulous defence lawyers and a manipulative magistrate favouring corporates. In other words protecting the guilty on behalf of the federal government - All proven with evidence on the court record...
What drives this corruption of federal jurisdictions is a political system where right-wing conservative political parties are, by nature, the political arm of big business and subsequently pander to corporates at the expense of the Australian workforce. The federal government gets away with this because there are no checks and balances, there is no federal corruption watchdog of Fed ICAC.
DARK HEART EXPOSED
I trust my feelings and go where that take me and, here I am again, putting my neck on the line to stand up for what’s right... This time against a supermarket giant for their disgraceful and barbaric behaviour towards their own staff. The test, of course, is how the matter is managed in the Fair Work Commission (FWC) with irrefutable evidence pointing to corporate guilt. It's been a battle to break down the status quo but, I think I've done it... Vindication - With defence lawyers being barred from future FWC proceedings.
The case started out as a very simple unfair dismissal remedy claim, in the FWC, but has escalated into a corporate corruption nightmare with evidence pointing to criminal conspiracy and corruption of our legal system, within a Federal jurisdiction, on behalf of corporates. That's what you get for playing the big stick game and interfering with due-process of law. Corporate Integrity Test. Give them enough rope and they hang themselves...
THE KEY ISSUE EXPOSED BY THIS CASE
The corporate were denied their request for legal representation but, the defence lawyers were ushered into proceedings anyway - With the blessing and full support of the commissioner hearing the matter - To the detriment of the innocent worker, seeking justice, who was kept in the dark, misled and told that legal representation is not required in cases before the FWC. It was a set-up.
THE CORRUPTION OF COMMISSIONER CAMBRIDGE - View the evidence - After reading the evidence, what do you think the chances are of a worker getting a fair hearing in the Fair Work Commission before Commissioner Cambridge and, why is he like that - What drives him?
Unscrupulous defence lawyers and cohort magistrates have been exposed and it’s all on the court record and proven. Again, because this is important - Unlawful and illegal activity continues driven by unscrupulous defence lawyers to protect their little nest of clover worth $475 an hour. We have read it, we have heard about it and some of us have been impacted by the corruption of our legal system. Ask any police prosecutor in a pre-hearing or committal trial, they see it every day. And we wonder why there is no justice - Well, now you know why - It's the lawyers and corrupt magistrates - In this case, on behalf of the corporate.
THE COURT CASE - ON THE PUBLIC RECORD FOR ALL TIME
It's the small innocuous cases that bring them unstuck because they don't expect it. They are so accustomed to beating the innocent victim/worker to death that they become complacent and expose themselves. That's what happened here...
(1) Supreme Court representations - Includes the matter in brief
(2) Commonwealth Ombudsman representations - Corruption of our legal system
(3) The corruption of Commissioner Cambridge - Proven & on the court record
(4) Commonwealth Ombudsman appeal of decision - Corruption will not be investigated
(5) Financial Review article - Banning defence lawyers - Vindication
(6) Protecting Society - Who is manipulating our legal system and why?
(7) Appeals Book Evidence - Matter U2016/14484 - 12.5meg takes time to load
(8) Appeal Transcripts Evidence - Matter C2017/2237
(9) Appeal Closing Submission - Stephen Fitzgerald
(10) Decision of the Full Bench of the FWC
(11) Supreme Court decision - Defamation application refused - Appeal request ignored to date
CONCLUSION
With evidence on the court record I have proven manipulation and corruption of our legal system with a bias towards favouring corporates at the expense of the Australian worker. When the matter was referred to the Supreme Court my application was refused and the Commonwealth Ombudsman will not investigate the corruption of a Federal public servant because they say it's outside their jurisdiction?
"Outside their jurisdiction?" What about their obligation to report criminal activity to the relevant authority like the Federal Police or the Attorney General and at least make some effort to protect our system of government and our political system from corporate corruption. Or, are they telling us that they are also part of the problem? View (3) above.
If you inadvertently become a victim of unlawful or criminal activity then, my experience suggests that you will be further victimised by our adversarial legal system in favour of protecting the perpetrator of the criminal act against you. The second tear of criminals are therefore the defence lawyers, who protect the corporate, and those who pave the way for them. This is a horrible form of social oppression and, there are lasting consequences for denying justice.
When you are a victim of crime and then abused by the system, and denied justice, it adds insult to injury. There are those who would seek revenge and this can take many forms including social disobedience. The impact then, of a corrupted legal system, is felt throughout the community.
There is some satisfaction in knowing that corruption has been exposed and we now know what's going on with Government pandering to and, protecting corporates at the expense of the workforce. Also, Woolworths has spent $60,000, in legal fees, to expose themselves and the lawyers who protected them have now been expelled. That in no way alleviates my disappointment, and deep concern, that this has been allowed to happen in a free and democratic society.
Funny thing about corrupt corporations, they really hate bad publicity and, they get what they want with bribery. So, put two and two together - Give them as much bad publicity as possible. The response is that they are forced to buy loyalty with discounting. Expose them for what they are, with evidence to back it up, and that's how you take money from the rich and give it to the poor.
CORPORATE CORRUPTION OF OUR GOVERNMENT
Unlawful and criminal activity are perpetrated because those involved can get away with it. That's a symptom of the disease. Cure the disease and you cure the symptom and, in the process, protect our legal system and restore justice. If that's what corporations, the legal fraternity and our government wants? The top end of town doesn’t care what we want, or what's best for society, they only care about themselves so, they need to be exposed and, that's what I am doing...
In the Fair Work Commission there are two political appointments which suggests that the FWC does the governments bidding. If that bidding leans towards the corporate then the worker will not be able to get a fair go and, that's what has been happening. Here's the key: It's corporations corrupting the government that drive this behaviour. Subsequently, it's our government that needs protecting as much as society from those same unscrupulous corporations.
On the court record with evidence: The dark heart in Australian society has been exposed to the harsh light of day with evidence of corporate corruption of the Fair Work Commission and collusion between the corporate and the commissioner hearing matters: Again, View the evidence. The corruption of Commissioner Cambridge.
Corporations involved in unlawful activity, in this arena, is a result of corporations corrupting our elected representatives and subsequently our government bodies. Hopefully, with the removal of defence lawyers and exposing corrupted magistrates, corporations will be held accountable?
So, who really did steel justice - Was it the lawyer, the magistrate, our government or the corporate? It's not too hard to work out where it stems from. Two things have been achieved here (1) Defence lawyers have been barred from all future proceedings because of their deceit and (2) Corporate and government collusion has been exposed with the corruption of Commissioner Cambridge as proven.
SOLUTION
Set up a truly independent corporate watchdog to investigate illegal and unlawful activity, by corporates, and the corporate corruption of our elected representatives and our career public servants. The royal commission into the financial sector is confirmation of corporate behaviour and, a starting point would be investigation of the corruption of the Fair Work Commission by corporations - Since we already have the evidence to prove it.
FIGHTING BACK
Some of us fight back in an attempt to slow the rot. People like Bob Brown and iconic intellectual Noam Chomsky. In his words: "Pandering to corporates creates long-term harm to all but the rich and corporations, who are enjoying record profits at the expense of all of society".
These are the people who believe that society if worth protecting, and worth the fight, for our children and their children.