From: judy
Thursday, 15 February 2001 20:04
To: OVOP
Subject: Democrats

I am forwarding to you a copy of the email that I have just sent to *******. I think it is fairly self explanatory as to the state of dad's health. If not, I shall tell you now. He is looking very ill at the moment. A rather sickly shade of grey. He says that he has not been receiving his medication regularly nor being tested for his blood pressure and sugar levels. Apparently the prison in holding 200 more people than it is suppose to so staffing levels are stretched to the limit. In these circumstances apparently the prisoners are locked in their cells for long periods of time. Great, ay!

Legal aid will still not fund his court case so it looks like he and I might have to prepare the case. His current legal rep. has said that until he is paid the monies owed he will not represent dad. It is only 3 weeks until the committal hearing!!! Dad has asked me to write to the Governor of the Prison to see if l would be allowed to visit dad on a professional visit. I do not like my chances. I sent the letter on Tuesday and are now waiting for a reply. Mum is staying here with me still. She goes down 2-3 times a week to see dad. I have been only able to go down once a week now. The farm requires my attention, ay.

I will also attach a letter that I sent to all the local and national newspapers. Actually, I had a phone call from a reporter with the Canberra Times, asked me for more history on the case. I sent this but have not heard anything more. I am doing as much as I can in the time I have available.

Yours sincerely,

Judy

 BRIEF SUMMARY BY BRIAN FYFFE

On the 22nd December 1982 a D8H bulldozer I was operating at Deddick in North eastern Victoria fractured a front hydraulic hose, caught alight and was badly damaged by fire. The machine was a 1973 "30,000 series model". Twelve months ago, in 1999, William Adams, the Victorian agent for Caterpillar Tractors sent out a recall notice on all D8 Bulldozers dating back to 1958, stating that the machines were faulty in the front hydraulic rams and were likely to blow, causing fire and/or serious injury or death to the operator.

I had recently spent over $60,000 on this D8H. As it was nearly paid for at the time l had to refinance with C.A.G.A. finance company in order to pay for the rebuild work to be done. I had it insured with the "State Insurance Company" at the time of the fire. The State Insurance Company would not settle the claim. They refused to pay for the damage sustained by the machine and then offered me an ex State Electricity Company D8H dozer as a replacement. As they refused to give me any "warranty" on this dozer l refused the offer and told them to rebuild my own machine. This they refused to do. I eventually went to court, Fyffe v. State Insurance Commissioner. Mr. Peter J. Galbally appeared for me before Justice James Gobbo, the now Governor of Victoria. I won my claim against the State and was awarded the $130,000 the machine was insured for and also $107,000 in interest. It was not till December 1985 that this case was heard, three years after the fire. Even though I had won my case the State Insurance Company would not settle and had to be served with a Warrant of Distress. They then settled in January 1986. During the 3 years I was without this machine untold damage was done to my business. I had bought a new D8K Bulldozer in 1980 and without the 2 machines could not operate properly or have the turnover to pay for the new machine. Because of this situation William Adams, the caterpillar dealer who had financed the new D8K repossessed it in 1984. This left me in a situation where I had neither machine but repayments on them both still to be met.

As we also ran a dairying enterprise I employed the services of a share farmer in 1982 who bought our herd of dairy cows. The 1982-1983 season was one of the worst droughts in Victorian history. The year of the Ash Wednesday bush fires. Even our creek, which never in living memory was known to stop flowing, dried up. So, after a year of this the share farmer decided to move on, taking the herd of cows with him. Things went from bad to worse. In 1986 we managed to get another herd together and resumed milking again. All of the time when I had little or no income I kept up my interest payments by selling assets I had built up over the years.

William Adams released my D8K after approximately 4 months to work for a company called Thiess Bros. on the Morwell River Diversion project. The dozer was hired to them on "dry hire" which meant I had to supply the machine and maintenance but they supplied the fuel and the driver. William Adams retained all the money for the hire of the machine which left me with no money but maintenance bills to pay.

This Bulldozer had a faulty radiator core since new, which was found to be working at only 25% capacity. It could only work for a few hours at a time and then would overheat and have to stop working. William Adams took 6 months to rectify this problem, even though I had explained to them what the problem was. I therefore lost tens of thousands of dollars in downtime even though this machine was under a new machine warranty to William Adams.

When my insurance claim was finally settled most of the money went on interest payments to the banks and C.A.G.A. In January 1986 I retrieved my dozer from Thiess bros. I then had to spend over $35,000 repairing the damage that this company and their drivers had done to the machine, keeping in mind that it was William Adams mechanics who did the repair work. There was also 700 hours on the Hour Meter unaccounted for. At $50.00 per hour this amounts to quite a large amount of money. The blame for my present predicament rests solely with the State of Victoria and who are still trying to rob my family and myself for everything we have worked for. I believe that all the hatred and spite we are experiencing at the moment is a pay back for beating them over the Insurance claim which was too little too late. If they had settled my claim promptly none of the problems we have at the moment would have happened. During the course of my no income years the ANZ Trustees, Westpac Bank and William Adams leasing gained judgments from "Masters" in the Supreme Court of Victoria against my property.

After I had repaired my D8K dozer with the employment of William Adams mechanics I was able to obtain a contract with the Conservation Department putting access roads in through the mountains in Gippsland. This contract started in February, 1986. My working day started at 4am till 12 midnight with a break from around 4 to 5 in the afternoon when my son-in-law would drive the dozer for a few hours. This went on 7 days a week, working over 120 hours per week. When l commenced the contract I told William Adams leasing I would pay them $10,000 a month till I caught up with the back payments. I sent of the first $10,00 payment and about 2 weeks later they attempted to repossess the D8K dozer. They were unsuccessful and that is when the dirty work started. In April 1986 the driver of the truck that was transporting my D8K between jobs was traveling on a narrow winding road when he cut too close to a corner and half of the float, which was carrying the dozer, went over the bank. I then attempted to drive the dozer off the back of the float before the whole lot fell over the edge with a 6-700 feet drop straight down. This attempt failed and the dozer fell backwards off the float, falling down 30-40 meters before landing on a ledge with me in the cabin. I received concussion from this fall. That night a person or persons unknown placed a stick of gelignite under the windscreen wiper of William Adams' finance managers' car. I had many discussions with this man but had not at any time ever threatened him. He later told the police that l was the only person William Adams were having finance troubles with so the police blamed me for this. On checking court records we found there were many people at that time who William Adams were taking legal action against. It must be mentioned that after receiving concussion from this accident I was not capable of driving two and a half hours to Melbourne, finding this person's house or car and then driving home again.

It took three days to salvage the machine and we had just got it back on the road when around the corner came a car full of detectives and the Special Operations Group. I believe that was the 25th of April, 1986, Anzac day. Shortly before this some people had placed a bomb in the Russell Street Police Headquarters and, unbeknown to me, these people who had planned this had been renting a house less than I mile from where I live.

On the day of the 25th of April, 1986, the police arrested me up the bush and took me down to my place. They searched my house and buildings with sniffer dogs, leaving a hell of a mess but found nothing because there was nothing there to find. I was then taken to the Yarram Police station where I was interviewed, made a statement then allowed to go. I could only work the machine in certain areas, where I could keep my eye on it for it was always under the threat of repossession and I knew that once it was gone I wouldn't have much hope of catching up on anything.

However the Banks kept threatening me with the judgments they had received in their favour. Some of the interest rates these banks were charging me were as high as 25%. I offered them payouts of their capital but they would not agree to this. Magna Carta states that the King or no one can take possession of your land before there is a trial by judge and jury. The Human Rights and Equal opportunities Act, 1986, also states that no people may be deprived of their subsistence. We have a list of recent court cases that show Politicians and Government agencies quoting the Bill of Rights in their defense.

In April of 1988 I received a stay of possession of my property through our Federal Member of Parliament, the Honorable Peter McGauran, who approached the ANZ bank on my behalf so that I could arrange proper suitable refinance to keep everyone happy. (the ANZ bank held the first mortgage on the properties). The stay was till October 1988. In April 1988 the State of Victoria used their sheriffs and police to repossess the D8K dozer on behalf of William Adams. The finance agreement that William Adams used to gain possession of the Dozer was illegal because the Registrar of Titles had stamped unsigned Mortgage documents and they also had no addvalerium stamp duty applies on them; I did not find this out until 1997. Approximately one month after taking possession of my dozer William Adams sold this machine for $70,000, being less than half of it's true value. They did not notify me, which they are legally bound to do, about this sale and did not give me the opportunity to purchase the machine back from them. I became aware of the sale through a third party. When I rang William Adams to ask about this sale a Mr. Preece told me that unless I agreed to release the mortgage documents for the farm he would not tell me how much the D8K bulldozer was sold for.

Approximately three weeks after the State of Victoria reposed my dozer the police and Special Operations Group raided my property again. They had with them their own "purportedly expert Police forensic Bomb Expert, Mr. Robert Colin Barnes". (It has only come to light recently about Barnes' evidence in major court cases being discredited; he has been dismissed from his official job as forensic scientist). Some months prior to this somebody had sent the ANZ trustees bank a letter bomb, and apparently again I got the blame. ANZ Trustees said I was the only person they were having litigation with but on checking court records, once again, this was found to be untrue as they had litigation against other people as well.

On this occasion the police came across some partly modified clocks and batteries in my house along with four new brief cases. Robert Barnes, who was in attendance, told the police that Fyffe was making bombs. My wife had bought the brief cases some time earlier for our two sons and two son-in-laws as they were on special and she often buys things well before Christmas, as do a lot of other people. The clocks were being modified by my youngest son, Joe, who was an apprentice diesel mechanic at the time, for use as watchdogs on diesel irrigation motors. Watch dogs mean they can shut a motor down at a certain time in the night, without having to get out of bed and physically go and do it yourself. So the police officers, Buckhorn and Miniseni, took a statement from me and like a fool I spoke to them. They later verballed me in court, because what they read out in court was a lot different to what was said on the day; the original notes were not produced. So away they went, taking Joes's toolbox with the clocks and bits and pieces and the brief cases, with them.

Three weeks later on the 25th of May, they were back with 27 police, Special Operations Group, news media, helicopters, horses, dogs and their own "Pie Cart". An army can't march on an empty stomach!! But I was not home at the time. The media coverage was horrific and they had not, at that time, spoken to me about what was going on. The police arrested my wife and took her to the Sale police station, charged her then released her. This is the lady whose only crime was to work hard all her life. My youngest son Joe, who was 17 years old at the time, was not charged till approximately two months later, by which time he had turned 18. I did not know what was happening that day till a friend arrived where I was working and broke the news. A friend drove me to Sale where I spoke to my then solicitor, a Matt Moroney, who accompanied me to the Sale police station. On my arrival there I was interviewed and arrested, held without bail for 10 months and released on the 30th of May, 1989.

I was charged with 18 serious criminal offences, a number of which were dismissed at my committal hearing, two more were heard in the Country Court with separate trials and dismissed as the Judges found the evidence to be untrue and unsubstantiated and so directed the jury to find the same. The charges against my wife, Wendy, were also dropped at this hearing. The police later re-instated these charges again Wendy. The police also dropped two of the three charges against my son Joe but later re-instated them.

I was charged with three offences, convicted, but later appealed this conviction, one week after I was released from jail. My trial was in March, 1989. I was convicted on 3 counts and was sentenced to 12 months imprisonment. I was released on 30th May, 1989. My appeal was heard on the 7th June, 1989, where two of the convictions were quashed. My wife and son went to trial in October, 1989, and were convicted. These convictions were later quashed on Appeal in June 1990. I did not have the advantage of using my wife and son's evidence in my trial as the trial Judge had ordered separate trials. At my appeal in June 1989, two counts, being Sending a letter bomb through the post and Making a threatening phone call, were quashed. The remaining charge, Possession of explosives under suspicious circumstances, being the alarm clocks, was upheld. The alarm clocks, which had no explosives, detonators or anything connected with explosives on or anywhere near them, were the only things that were found on my property. The Victorian Police found no other items during their thorough search of my property on the 25th of May. As I have never had any such materials in my possession and as it was never determined whom I was supposed to blow up, this charge is totally unsubstantiated. The State of Victoria will not let me clear this matter up in court because they know that they have made such a mess of things they will have to pay me compensation.

My property was auctioned under very suspicious circumstances and bought by the "State of Victoria". The property was auctioned on the 5th of April, 1989 and I was released from jail on the 30th of May, 1989. It seems I wasn't dangerous any more after the property was sold to the State of Victoria and as I was held in custody could do nothing to prevent this illegal auction. On my release from prison, my wife and I and the boys resumed occupation of the property with the consent of the Conservation and Natural Resources department. We were paying $0.84 a head agistment for the cattle and $40 a week rent for the house. Sometime in 1992 the Conservation Department said they did not require the property, as it was surplus to their needs. The property reverted back to the Finance and Treasury Department of the State of Victoria. At about this time the agistment rate was raised to $2.50 a head for the cattle, a jump of 300%. I informed the State of Victoria of their illegal treatment of me and said I would not pay them any more because I hadn't sold my property, hadn't signed anything and that their summary judgments were illegal, their charging me with made up criminal offences was illegal, their holding me without bail for 10 months was illegal, their fire sale of our property was illegal, and they should be paying me, not me paying them, for the way my family and myself had been held up to public ridicule and contempt, a very traumatic experience, for no reason what so ever.

Magna Carta, and the 1986 Human Rights and Equal Opportunities Commission states no people shall be deprived of their subsistence. I seceded my property on Australia Day 1997 to try and keep the arbitrary government of Australia at arms length and have received certificates of recognition from another Principality. I did not secede from Queen Elizabeth the II and still owe my loyalty to the Sovereign Lady her Majesty and all the English laws and Statutes, which apply to her coronation oath, but not the arbitrary Australian Government.

In my 8 appearances in the Supreme Court of Victoria and one in the High Court of Australia none of the matters raised have ever been answered. I would like to appeal to the UNHRC most urgently to investigate this corrupt legal system we have in Victoria and in fact the whole of Australia, where every official (Officers of the Crown) cover up for each other and think they can't be bought to justice.

On the 10th of October, 2000, the Special Operations Group which is the military arm of the Victorian Police Force, raided my property, took myself, my wife Wendy and my youngest son Joe, into custody. I was held for 6 hours before being allowed to contact my solicitor. Wendy and Joe were released at about 2am the following morning without being charged. I was and still am, being held in custody pending a trial on the charges of threatening to kill a sheriff of the Supreme Court and possession without a license of illegal firearms. I have applied for bail on two separate occasions in the Magistrates Court and both times the magistrate has refused bail on the grounds that I would be a threat to the community.

The moment I was removed from the property the State of Victoria moved in to take possession and placed a number of security guards on the property. They then proceeded to sell the property by public tender. The property has been sold to a local buyer. Even though I still have an Application to appeal for special leave to the High Court of Australia pending which will determine the true ownership of the property, the State of Victoria has ignored this application and sold the property.

After removing us from the property the sheriff moved in and loaded what possessions we had left into shipping containers and took them away to a storage area somewhere. After numerous phone calls my family were able to locate and retrieve these items after a week of negotiations. My son had his motorcycle and lawnmower seized by the sheriff and these items were held for 6 weeks before the sheriff released them. My son had to provide proof of purchase and also proof of where the money came from to purchase the items. In order for the sheriff to release the items they faxed through to the prison a document which they said that I had to sign to release the items from my possession to my son. This document was fraudulently written as it implies that I own the items, which I don't. I refused to sign the document. On the back of the document I wrote a statement which declares that at no time did these items belong to me and I had two prison officers witness it. This document was never mentioned to my son when he retrieved his possessions.

My legal representative has made numerous requests to me to plead guilty as I have, more than likely, already spent the time in jail if I were found guilty. I refuse to plead guilty as I am not guilty of these charges. I have never put my property up for sale and I have never agreed to this property being sold. I did not threaten to kill this sheriff, who instigated the phone call which implicates me. He rang me on the 31st May, 2000, to inform me that he and his mates would be down the next day to evict me off my property and to take possession of all chattels which were still there. It must be noted that the sheriff has alleged that he had his phone on "speaker phone" and has two other witness's accounts of the conversation that took place, both of whom are employees of the Sheriffs Department. After this phone conversation the sheriff did not proceed with the eviction for some 4 and a half months. I did not hear anything from the sheriffs department in all this time until the Police turned up on the 10th of October, 2000.

The police department sent a media release to the major newspapers and local radio stations which stated that a machine gun was found on the premises. This machine gun was suppose to be loaded, mounted and facing the front entrance door. This allegation has since been withdrawn. They have tried to drum up as much media coverage as possible to make me look like a desperate criminal who will harm others if I were released on bail. The local papers only gave a very brief account of the police raid and charges. They are becoming very wary of this police propaganda.

I am currently being held in custody at the Port Phillip prison pending a committal hearing in the Sale court on the 13th of March, 2001. I am determined to have a trial by judge and jury so that the truth about these corrupt officials can be brought out into the open for all to see. I am confident that when all the facts are presented a jury of my peers will find me innocent of these allegations.