CCPR/C/120/D/2941/2017 The facts as submitted by the author 2.1 The author explains that on 14 June 1997, Victoria Police refused him equal protection of law from domestic violence when he complained that R.M.H., his ex-wife, had abused him and assaulted him. 2.2 The author submits that on 23 March 2000, he was contacted by M., who was selling his “contract killing services”. According to the author, the police had conspired with an informer named P. to constantly harass, intimidate and compel the author, with death threats, duress and fraud, to hire M. to kill his ex-wife. The author also submits that P. and the police had the same purpose of “political persecution” for inducing him into hiring M. to kill his ex-wife. The author explains that the police distorted unsubstantiated, inadmissible and fraudulent evidence to jail him. 2.3 The author advises that on 22 August 2000, the police arrested and charged him for the alleged offence of incitement to murder. He claimed that his arrest violated articles 14 (3) (b) and 9 (1) of the Covenant. He also claims that the police concealed exculpatory evidence by curtailing its inconclusive investigation to arbitrarily arrest him. 2.4 The author explains that during the trial proceedings in 2000 and 2001, where he was accused of incitement to murder, various unlawful incidents occurred that violated his rights. In that connection, he alleges that: (a) the printed legal documents he had submitted to his lawyer were stolen twice; (b) all his legal documents in electronic format were also stolen; (c) his telephone conversations with his lawyers were unlawfully and constantly monitored and intercepted; (d) the police fabricated false statements; (e) Victorian Legal Aid forced him to accept the assigned lawyers to represent him before the courts, and those lawyers refused to take his legitimate instructions on the conduct of his court proceedings; and (f) the trial judge denied him procedural rights to save the court time and to cover up the police’s unlawful conduct of corruption within their investigation, and unnecessarily discharged the whole first jury selection to create a gender-biased and unbalanced jury. 2.5 The author submits that the trial judge refused to give him the opportunity to contest the police evidence and did not give him the reasons why he had refused to stay the proceedings before the jury was selected and delivered its verdict. He adds that the trial judge “fraudulently misdirected the jury on the application of the law to relieve the prosecution of more than 80 per cent of the burden of proof for the prosecution”. 2.6 The author explains that from 1 November 2001 to 15 May 2003, the Court of Appeal of the Supreme Court of Victoria unlawfully violated his rights under article 14 (5) of the Covenant by endorsing the trial judge’s decision and denied his rights to access to justice. He claims that the Court of Appeal pervasively applied dual standards to protect the reputation of the trial judge rather than to protect the fundamental principles of the rule of law and the presumption of innocence. He also claims that Victoria Legal Aid deprived him of a chance to represent himself in court and to dismiss the inappropriate lawyers he was assigned in the appeal proceedings. 2.7 The author submits that on 11 February 2005, the High Court of Australia reiterated similar violations of the same articles of the Covenant denying his right to access to justice. He claims that the hearing for his application for special leave to appeal was unfair and arbitrary. In this connection, the author indicates that: (a) the High Court did not comply with the constitutional right regarding the quorum, which stipulates that there must be no less than three High Court judges at the hearing; (b) one of the two judges at the hearing was Justice H., who had previously precluded the author in his bail application and should have disqualified himself by reason of issues concerning the impartiality of the High Court; and (c) the High Court cut five minutes of the author’s debating time to prevent him from presenting all his arguments. The author therefore claims that the negative decision of the High Court in his case was flawed, defective and unlawful, and that the High Court discriminated against him and denied him natural justice in violation of article 14 (1) of the Covenant. 2.8 The author explains that after the Government of Victoria had withheld his application for more than two years, on 29 May 2012 the Governor of Victoria advised him that his petition for mercy to appeal his conviction was refused, without any reason. 2

Select target paragraph3