What see you in court means in Queensland

8th January 2010 

8th January 2010

 Dear Members

 In following Peter Spencer’s cause, a couple of unhelpful and even dangerous diversions have developed today, namely

  • Mention of the Brigalow Corporation
  • The ad hominem attack in The Australian this morning

 The Land Administration Commission preceding the Brigalow Corporation was set up in 1962 to oversee the Brigalow Scheme, the most enlightened land settlement scheme ever devised by a government.  We have had personal experience of this, having drawn a block in 1971.

John Purcell, the immediate past chairman of PRA, parcelled all the material provided about the Brigalow Corporation, including a DVD and sent it to Suri Ratnapala, Professor of Public Law at the University of Queensland.  He dismissed all the material out of hand and I believe that is where the matter should rest.

Without a limiting constitution or upper house, the Queensland government as is evident in the Vegetation Management Act has untrammelled power anyway.

We lose credibility with a large number of potential supporters who will run a mile at a whiff of conspiracy theories.

In the report in The Australian this morning the reporter chose to ignore the kind and loving support being lavished on Peter Spencer by his four adult American children, to indulge in a low ad hominem attack.

The reporter no doubt will gain kudos with Rudd’s spin team and reference to the blog, Mangled Thoughts, will give readers an insight into the visceral way the factions in the Liberal Party attack each other.  They pause every now and then to give Barnaby Joyce a blast.  They want free untrammelled predatory capitalism (one faction that is).

It is no surprise that with Senator Heffernan arriving on the scene, this type of attack is not far behind via The Australian.

If a Royal Commission is set up a freedom of information request for the minutes of a meeting between Professor Ian Noble and the Howard team would be a good start.  A recommendation ensued that carbon be locked up in vegetation on private land via the states.

This case politically is too hot to handle by any government State or Federal of both persuasions.  Rudd has said to Peter, Come down and “we’ll SEE YOU IN COURT

In Queensland, when the Veg Management officers arrive to investigate an alleged infringement (up to eight men is the record), your only decision is how much you are willing to pay.  If they say you are guilty, you have to prove you are innocent.

You do not have the defences of the Mistake of Fact, the Right to Silence, The Privilege against Self Incrimination and obviously there is the Reversal of the Onus of Proof.  They will plea bargain: plead guilty to minor charges and pay an appropriate fine or pit yourself against the full might of the state with unlimited resources and every imaginable charge including recently, Habitat Destruction.  You will face five years of court cases win, or lose, and a Compliance Order for vegetation rehabilitation registered against your title deeds for forty years, a good part of that time fenced off and unstocked.

That’s what “SEE YOU IN COURT” means in Queensland.

I would like to again quote Professor Suri Ratnapala from his open letter to Peter Spencer:

“Your cause is the cause of many thousands of honest and productive persons on whose lives and labour the prosperity of Australia was built and whose property the government has now stolen.
Your cause is the cause of every Australian who cares about the rule of law, constitutional government and political morality.
Your cause is the cause of every decent human being who values fair play. Your cause is Australia’s cause.”

Indeed, PRA was formed specifically to fight this cause.


 Ron Bahnisch

 Ron Bahnisch, Chairman
Property Rights Australia