ICAC investigates compliant against Channel 7’s Kerry Stokes

Below is the article that Kerry Stokes wanted concealed so much that he bribed former ICAC investigator Justice Stephen Campbell of the Supreme Court of NSW. to make Shane Dowling take it down from his website Kangaroo Court of Australia.

The NSW Independent Commission Against Corruption (ICAC) are currently doing an assessment of evidence regarding judicial favours that Kerry Stokes and his lawyer Justine Munsie have been receiving in the Supreme Court of NSW. This is due to a documented complaint I made a few weeks ago.

I will also be sending further evidence and ICAC will now also need to have a look at Kerry’s son Ryan as he also managed to get court orders against me in the last week when he is not even a litigant in the matter.

Background

Kerry Stokes initiated defamation proceedings against me in April last year with no intention of ever going to hearing. It is a frivolous and vexatious case. Stokes has abused the system and procedures regularly with the most obvious being that he has had four hearings with different judges ex parte. Ex parte means only Stokes’ lawyers were in court and on three of those occasions Stokes and his lawyers did not tell me they were going to court.

On all occasions Stokes received court orders in his favour. In the last week Stokes’ son Ryan Stokes has also done the same and gone to court ex parte and had orders against me (to take down articles) even though Ryan is not even part of the case.

What Kerry and Ryan Stokes did not know is that I had already made a compliant to ICAC who had requested further evidence and now Ryan Stokes is part of the complaint to ICAC.

None of the judges will publish reasons for their hearings and say why they had ex parte hearings and issued the orders they did. Only one has given me reasons after I emailed them a few weeks ago. By law judges have to give reasons which is meant to keep them accountable. So the judges are currently acting illegally. The reason they are refusing to give reasons is because they cannot justify the ex parte hearings or the orders they issued which in effect would be an admission they acted in a corrupt manner.

Ex Parte hearings

It is only in exceptional circumstances that there should ever be an ex parte hearing. For Kerry Stokes and his lawyers to have four in a defamation case is scandalous. And ICAC would be well aware of this.

I sent the below email on the 27th May 2015 to three judges, ICAC and others:

Subject: Matter 2014/00114469 – No Judgments delivered for ex parte Hearings and Orders for the benefit of Billionaire Kerry Stokes

Dear Justice Ian Harrison, Justice Lucy McCallum and Acting Justice Robert Shallcross Hulme

I am waiting for judgments from all three of you in the matter Munsie and Stokes v Dowling 2014/00114469 

All three of you heard the matter ex parte at different times and issued orders to the benefit of billionaire Kerry Stokes. (Only Kerry Stokes lawyers and barrister Sandy Dawson were there and the first two, with Harrison J and McCullum J, I didn’t even know the matter was set down for hearing) Your judgments are relevant to my defence given the applicants statement of claim raises allegations of judicial bribery and corruption by all three of you.

Can you please supply me with a copy of your written reasons immediately justifying why you had ex parte hearings and why you issued the orders that you did. I find it extremely disconcerting that I would have to write to all three of you asking for a copy of the reasons in the first place especially given two of the hearings were over 12 months ago.

The hearing dates were:

14th April 2014 – Monday – Justice Ian Harrison – ex parte

6th May 2014 – Tuesday – Justice Lucy McCallum – ex parte

17th February 2015 – Tuesday – Act Justice Robert Hulme – ex parte

Even the corrupt Justice Clifton Hoeben only took a week or so to publish a judgment in February this year (when he heard a notice of motion regarding this matter) which makes the failings of you three all that more indefensible.

When you have published the written judgments all of you should consider resigning ASAP. It is blatantly obvious that if one pays extra in the Supreme Court of NSW they can get ex parte hearings and court orders to their liking.

Regards

Shane Dowling (Click here to read the full email)

I received the below reply from the Independent Commission Against Corruption (ICAC) on the 27th May 2015 requesting further evidence.

ICAC - Shane Dowling letter

ICAC Fact sheet (Click here to read)

I have since had further communication with ICAC and will continue to do so.

I sent the below email on the 9th of June 2015 to all the judges of the Supreme Court of NSW:

Dear Chief Justice Bathurst and Attorney-General Upton

Kerry Stokes, his lawyer and fellow applicant Justine Munsie and barrister Sandy Dawson are clearly involved in bribing four NSW Supreme Court judges to have ex parte hearings and to issue orders in Stokes’ favour. The latest being Justice Davies who issued orders ex parte on Friday to make me take down 2 articles.

Any matter is hard pressed to justify one ex parte hearing and they should be extremely rare. Four ex parte hearings for one party in their favour and with court orders in their favour is a disgrace and a clear pointer to judicial bribery taking place.

The hearing dates were:

14th April 2014 – Monday – Justice Ian Harrison – ex parte – Issued a Super-Injunction for Kerry Stokes – It was dodgy and only lasted two days

6th May 2014 – Tuesday – Justice Lucy McCallum – ex parte – Abridged a notice of motion for Stokes – McCallum is a good friend of Justine Munsie

17th February 2015 – Tuesday – Acting Justice Robert Hulme – ex parte – Issued orders making me take down a post – All the information is still on other sites on the internet

5th June 2015 – Friday – Justice David Davies – ex parte – Issued orders to take down two posts. One was published over two months ago and the other over one month ago and both are whistleblowing articles with government documents showing government corruption involving Stokes and his son Ryan Stokes. The documents are also available on other sites and one is a judgment of the Australian Information Commissioner. Clearly no justification for the ex parte hearing or orders issued.

All four judges have at this point refused to publish written reasons justifying their ex parte hearings and the court orders they issued in Kerry Stokes favour. Acting Justice Robert Hulme did send me written reasons about two weeks ago when I emailed him, McCallum and Harrison asking for the written reasons. But he has failed to publish those reasons and they are a disgrace, vague and broad.

So out of four judges and four ex parte hearings we get one who sent me a copy of his reasons but has not published them. The reason for this is quite simple. If they gave reasons and published them every lawyer in the country could the see the pattern of ex parte hearings in Stokes’ favour, the lies and how corrupt the NSW Supreme Court is.

Both of you Chief Justice Bathurst and Attorney-General Upton have an obligation to make them all publish their reasons and then take disciplinary action against them. Although one has to suspect that you at least Chief Justice Bathurst are in on the game and getting a few bribes yourself. The corruption continues on your watch even though you have been made aware of it many times.

Can you please advise when you will make the four judges give reasons and publish them? Given the gravity of the allegations one would think you would do it by the end of the week.

Given the applicant’s (Kerry Stokes and Justine Munsie) statement of claim covers my allegations of judicial bribery against four Supreme Court judges then the matter should have been transferred to the Federal Court long ago which I requested when it was before Justice Clifton Hoeben and Registrar Rebel Kenna and others. Justice Hoeben and Ms Kenna were clearly trying to keep it in-house to cover-up the corruption by the judges. To continue to have the matter dealt with by the NSW Supreme Court is scandalous and damages the reputation of any judge who deals with it.

Regards

Shane Dowling (Click here to read the full email)

Ryan Stokes 2
Ryan Stokes tried a backdoor attempt to join his father’s defamation proceedings against me and this website “Kangaroo Court of Australia”.

Kerry Stokes’ barrister Sandy Dawson went to the Supreme Court of NSW Friday last week (5-6-15) and had Justice David Davies issue orders directing me to take down 2 articles in Kerry Stokes’ defamation matter against me. This was done for the benefit of Kerry’s son Ryan Stokes who claims he was defamed by me.

The big problem is that Ryan Stokes is not a party to the court case nor had he made any attempt to become a party to the case and has no rights whatsoever and the court orders were as corrupt as they get. Justice David Davies, Sandy Dawson and Ryan Stokes have a lot of explaining to do. Justice Davies is refusing to give reasons for his orders which is also blatant corruption. (Click here to read the orders) I ignored the court orders as I knew they were dodgy. Kerry and Ryan Stokes lawyer threatened me with contempt proceedings if I did not take down the posts which is scandalous and they had no right to do so. (Click here to read the email threat)

We were in court on Thursday (11-6-15) which was only meant to be 5 minutes but lasted an hour. Justice Peter Garling again issued orders for the benefit of Ryan Stokes even though he is still not a party to the case and had made no attempt to become one. (Click here to read the orders) As per usual Justice Garling has not published any reasons for his orders. That is five judges out of five who have not published reasons and only one has given reasons at this point. Once again I have ignored the orders because they are dodgy.

The first article was published over 2 months ago (29-3-15) titled “Kerry Stokes & the NLA lose Freedom of Information legal battle against KCA Blogger” (Click here to read the article) and the second was published a month ago (10-5-15) titled “Channel 7’s Ryan Stokes thrown under a bus for corruption as Chair of the National Library” (Click here to read the full article)

Both articles are clearly defendable in any defamation proceedings and I should have never been ordered to take them down. Two defences being but not limited to are qualified privilege and publication of public documents.

Both articles are also whistleblowing articles on government corruption and can be defended on the basis of the high court precedent Lange v Australian Broadcasting Corporation (1997) (also known as Lange v ABC)

Ryan Stokes claims he had nothing to do with corruption at the National Library of Australia (NLA) who stopped archiving my website after complaint by his father Kerry and lawyer Justine Munsie. the two articles Ryan Stokes wants taken down expose the corruption at the NLA. But here he is working closely and colluding with the two complainants in those articles, his father Kerry and Justine Munsie.

The matter is due back in court on Wednesday the 17th June at 10am before the duty judge for an estimated 2 hours to see if Ryan Stokes is added as an applicant. Ryan Stokes lawyer has filed an affidavit for him because Ryan won’t which the judge should not allow. (Click here to read) Stokes shouldn’t be allowed to join the matter. The duty judge needs to transfer the matter to the Federal Court as it raises allegations of judicial corruption against numerous Supreme Court judges.

Kerry Stokes thinks he is above the law but he has dug a massive hole for himself and there is no way out. It is time he was stopped and ICAC have the power to do it. ICAC have taken down politicians, a Premier and billionaire business people over the last few years so they can hold Kerry and Ryan Stokes accountable.

ICAC have no choice but to act given the gravity of the allegations and the powerful evidence of blatant favouritism and corruption by the judges. If and when ICAC move against Kerry Stokes and the others then Stokes and Co are in a lot of trouble. I could say a lot more but I will save that for next time.

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