1

p1 14-6-2014 Ken Lay Chief Commissioner Ref: Geoff Shaw saga

Consultant (Constitutionalist) to; FOLEYS LAWYERS, Wagga Wagga Email: kevin@foleyslawyers.com.au
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1
st
edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax
0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Free download of documents at blog Http://www.scribd.com/InspectorRikati

WI THOUT PREJ UDI CE
Ken Lay Chief Commissioner, Victorian Police 14-6-2014
C/o heidelberg.uni@police.vic.gov.au
5
Cc: Christine Fyffe, Speaker christine.fyffe@parliament.vic.gov.au
Mr D. Napthine Premier of Victoria denis.napthine@parliament.vic.gov.au
Treasurer Michael OBrien michael.obrien@parliament.vic.gov.au
Daniel Andrews leader ALP daniel.andrews@parliament.vic.gov.au
Mr Geoff Shaw geoff.shaw@parliament.vic.gov.au 10
Robert Clark Attorney General robert.clark@parliament.vic.gov.au
Louise Asher louise.asher@parliament.vic.gov.au
Matthew Johnston matthew.johnston@news.com.au
David Hurley david.hurley@news.com.au
Mr Ken Smith ken.smith@parliament.vic.gov.au 15
George Williams george.williams@unsw.edu.au

Ref: Geoff Shaw saga-etc
Sir,
As you may recall I wrote to you regarding the Geoff Shaw saga and subsequently the criminal 20
charges against Geoff Shaw were withdrawn.
I now direct myself again to you expressing my concerns that the Victorian Police in my view has no
legal authority to investigate matters as requested by Speaker Christine Fyffe of the Legislative
Assembly of Victoria.
Rather than to make this a lengthy set out I refer to the links below in which I have to some extend set out 25
that in my view the legislative assembly acted outside the provision of the standing orders, in particular
Standing order 125 and in violation of Standing Order 126 even so the Speaker had not suspended
Standing Orders. In my view as much as the police without a warrant search a private property only to
have the court to rule the evidenced would be inadmissible, likewise I view that any police investigation
based upon the inappropriate request by the Speaker who relies upon an invalid vote by the Legislative 30
Assembly would have the same effect.
My 13-6-2014 correspondences to both Premier Denis Napthine and Ms Louise Asher who moved the
motion for suspension ought to indicate both are well aware of the issues I did set out. Also my 12-6-2014
correspondence altered Speaker Christine Fyffe of this also. If the police were to obtain any so called
evidence and then discover that indeed the vote of the Legislative Assembly was in violation to the 35
Standing orders procedure then the police not only may not be abler to continue the investigation but may
undermine any usage of the material in future, even if it were to obtain subsequently appropriate
authority. Hence I view the Victorian Police would do better to check out the relevant legal issues first.
I do take it very serious if Speaker Christine Fyffe didnt notify the Victorian Police about my expressed
concerns as to the in validity of Legislative assembly voting on the motion that included the suspension of 40
Mr Geoff Shaw Member for Frankston, as I view this in itself may be an attempt to pervert the course of
JUSTICE if this concealment were to undermine the Victorian Police ability to investigate or to use any
details/information subsequently by it becoming inadmissible for litigation purposes.
I suspect that because I expose what potentially is rorting by members of Parliament such as during
election time that they use their parliamentarian privileges and pretend to be MP (member of Parliament) 45
even so they are not, and as such use/abuse taxpayers funded vehicles, telephone, travelling, etc, that my
exposure rather may be sought to be concealed. However, I view the Victorian Policed must act and seen
to be acting without political bias and as much as it pursued (albeit unsuccessfully) matters against



2
p2 14-6-2014 Ken Lay Chief Commissioner Ref: Geoff Shaw saga
Consultant (Constitutionalist) to; FOLEYS LAWYERS, Wagga Wagga Email: kevin@foleyslawyers.com.au
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1
st
edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax
0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Free download of documents at blog Http://www.scribd.com/InspectorRikati
Member for Frankston Mr Geoff Shaw then likewise what I view a far greater scandal involving
numerous Members of Parliament should be investigated.
.
At my blog www.scribd.com/inspectorrikati I have published copies of numerous documents but have
listed (below) direct links to some recent documents 5
So much for legal advice where it all ends up wrongly done. Will the Speaker now rectify
matters?

The document can be downloaded from:
http://www.scribd.com/doc/229305095/20140612-G-H-Schorel-Hlavka-O-W-B-to-Christine-Fyffe-Speaker-Re- 10
Geoff-Shaw-Standing-Order-125-Not-Followed-to-Invoke-Suspension-etc

When Members of Parliament and so not even the Speaker understand/comprehend their own
Standing Orders then we have a major problem!
15
The document can be downloaded from:
http://www.scribd.com/doc/229293692/20140612-G-H-Schorel-Hlavka-O-W-B-to-Mr-Geoff-Shaw-
PERSISTENTLY-etc

If the issue was that rules are to be enforced then what on earth were they doing for themselves 20
to ignore them?

The document can be downloaded from:
http://www.scribd.com/doc/229371287/20140613-G-H-Schorel-Hlavka-O-W-B-to-Louise-Asher-Re-Mr-Geoff-
Shaw-REQUEST-for-DETAILS-and-INFORMATION-etc 25

Will Denis Napthine show real leadership and admit that the suspension of Geoff Shaw was
without legal force?

The document can be downloaded from: 30
http://www.scribd.com/doc/229472296/20140613-G-H-Schorel-Hlavka-O-W-B-to-Denis-Napthine-Re-Mr-Geoff-
Shaw-REQUEST-for-DETAILS-and-INFORMATION-etc

Again, I see no need to repeat matters set out in the correspondences referred to with the above links in
this correspondence extensively as I rely upon the Victorian Police to be competent enough to be able to 35
download the documentation. If however the Victorian Police has a problem with this then do not hesitate
to contact me, and I can always provide the same via email with the documents as an attachment.
And I expect that the Speaker of the Legislative Assembly and the President of the Legislative Council
will fully cooperate that also all taxpayers funded telephone/mobile records are checked for usage during
election time (such as 2010 State election) if any former member of parliament t then during that election 40
time used his taxpayers telephone/mobile inappropriately, etc. Likewise so traveling and accommodation
cost. After all, where the Premier Mr Denis Napthine made such an issue about rorting and so persons of
both major political parties then lets have a real investigation to check it all out.

http://www.austlii.edu.au/au/legis/vic/hist_act/pra1958187/ 45

Oath for Members of the Police Force of Victoria

No. 6338.
POLICE REGULATION ACT 1958. 50
An Act to consolidate the Law relating to the Police Force in Victoria
[30th September, 1958]

SECOND SCHEDULE.


3
p3 14-6-2014 Ken Lay Chief Commissioner Ref: Geoff Shaw saga
Consultant (Constitutionalist) to; FOLEYS LAWYERS, Wagga Wagga Email: kevin@foleyslawyers.com.au
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1
st
edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax
0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Free download of documents at blog Http://www.scribd.com/InspectorRikati
FORM A.
Oath for Members of the Police Force of Victoria.
I swear by Almighty God that I will well and truly serve our Sovereign Lady the Queen as
a member of the Police Force of Victoria in such capacity as I may be hereafter appointed, promoted, or
reduced to without favour or affection malice or ill-will for the period of from this date, and until I am legally 5
discharged; that I will see and cause Her Majestys peace to be kept and preserved; and that I will prevent to
the best of my power all offences against the same, and that while I shall continue to be a member of the
Police Force of Victoria I will to the best of my skill and knowledge discharge all the duties legally imposed
upon me faithfully and according to law.(a)
As to the mode of administering the oath, see the Evidence Act 1958, Part IV., Division 1. 10

I trust that you and your fellow police officers will honour this oath and will act accordingly
without fear or bias as to the political standing of members of parliament.
.
In my view, any form of payment/financial benefit by legislation cannot be hidden by 15
parliamentarian privileges for that the payments to a Member of Parliament must be regulated by
legislation as an allowance, as to avoid it to be deemed an Office of Profit payment.
In my view as much as Speaker Christine Fyffe requested the Victorian Police to investigate (at
least according to an article publish in The Age http://www.theage.com.au/victoria/denis-
napthine-calls-for-general-and-specific-apologies-from-geoff-shaw-20140613-zs7f7.html 20
(Denis Napthine calls for 'general and specific' apologies from Geoff Shaw) then I view she had
a duty and obligation to Notify the Victorian Police about the legal issues I raised relevant to
such validity of a policed investigation.
It also us of concern to me that Mr Daniel Andrews having made such an issue about Mr Geoff
Shaw then apparently went campaigning in Frankston for a (non-existing) by election with a 25
deputy leader and I view the Victorian Police should investigate if he for political purposes
charges taxpayers to travel to an d from Frankston and used his mobile, etc, which would be ain
my view a misuse and abuse of taxpayers funded items.
Further, as Premier Denis Napthinme made a public statement that he was not going to b e held
at ransom by Mr Geoff Shaw about a judicial appointment then I view this implied a serious 30
matter and should be investigated. After all if Mr Geoff Shaw never did seek a judicial
appointment but merely questioned a past judicial appointment then I view Mr Denis Napthine
made a serious allegation against the Member of Frankston where he clearly stated ransom
which I view indicated an unlawful/ inappropriate conduct. I do not accept that a Premier can
make serious allegations and then can get away with it, if they were untrue. This would be a 35
deception upon not just Members of Parliament but also upon the citizen s of Victoria and must
not be tolerated to go unpunished if untrue. As the statement was made and broadcasted outside
the Parliament it is not subject to parliamentarian privileges and as such I view the Victorian
Policed had the inherent powers to investigate this matter.
40
MAY JUSTICE ALWAYS PREVAIL
.
(Our name is our motto!)

Awaiting your response, G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit) 45