KINGSLEY FERDINANDS: THE HATRED FOR BLACKS IN AUSTRALIA

KINGSLY FERDINANDS: THE HATRED FOR BLACKS

IN THE HIGH COURT OF AUSTRALIA  

ADELAIDE REGISTRY                                                                                                              No.        A22      of 2012

BETWEEN:                                                                                                          TREVOR KINGSLEY FERDINANDS

                                                                                                                                                                                         Plaintiff

                                                                                                                                                                                                  and

                                                                                                                                                    MINISTER FOR DEFENCE

                                                                                                                                                                                    Defendant

SUMMONS

To:         The Defendant:  Minister for Defence, Hon. Stephen Smith MP

                c/o Australian Government Solicitor’s Office, Grenfell Street, Adelaide S.A.       5000.

YOU ARE SUMMONED to attend before a Justice at____________________

[address of Court] on _________[date] at __________[time] on the hearing of an

application by Trevor Kingsley Ferdinands for [set out the orders being sought].

1.   An order to show cause and the relief claimed is that the Minister for Defence, Hon. Stephen Smith present the Captain Callaghan RAN Board of Inquiry report and findings in its full and entirely for inspection, consideration and assessment based on a failure to comply with a request on 11th May 2012 and this failure is a jurisdictional error of the Minister based upon denial of natural justice.

2.   The second relief sought is that this is a test case against s.75 (v) of the Constitution as to the duties and responsibilities of all Ministers of the Crown to lawfully and properly attend to the administration of their Commonwealth portfolios and offices.  This means that Ministers of the Crown must be responsible and not force plaintiffs to activate s.75 (v) of the Constitution based on the failure of a Minister to action a correspondence. 

3.   An order that the question of law be referred to the Full Court for determination of the issues raised in this application.  The Question of Law is lawfully and properly answered by this Honourable Court to give guidance to all soldiers in the Australian Army and the Australian Army Reserve, namely:

1.                   Can the Chief of Army appoint a legal defense counsel to a soldier in the Australian Army who has been accused and charged with service offences if that soldier has refused any Australian Army legal assistance and wishes to appoint his own legal advisors and team to defend charges against him?

4.   Finally, pursuant to section 75 (v) of the Constitution the Minister for Defence is an officer of the Commonwealth, and for the Minister of the Crown to ignore a request or decline to perform an overt statutory duty in the face of the Judiciary to amend the face of the public with all enabling is an injustice; thus, a denial of natural justice has occurred.  The Minister for Defence had a duty to prevent a denial of natural justice and a responsibility to perform these administrative acts in a quasi-judicial function as Minister for Defence within jurisdiction as a Minister of the Crown and declined to do produce the necessary materials evidence, namely:

                       (a)          That this Honourable Court issues constitutional writs of certiorari and mandamus in respect of the Minister’s decision not to comply with the requests of 11 May 2012 in which he made decision to refuse permission to release the Board of Inquiry report conducted by Captain Callaghan RAN that was a denial of natural justice.

                                5.            Any such orders or directions as the Court sees fit.

Filed:  Friday, 13th day of July 2012.

                                                                                                                                                              ....................................

                                                                                                                                                                 Registrar

This summons was filed by TREVOR KINGSLEY FERDINANDS.