20200515-PRESS RELEASE Mr G. H. Schorel-Hlavka O.W.B.

ISSUE –
Social distancing v Personal distancing & Face Mask v Face Shield

As a CONSTITUTIONALIST my concern is the true meaning and application of the constitution.

* Gerrit, I am curious what you are going to explain.

**#** INSPECTOR-RIKATI®, there is this hype about social distancing which is as it appears
to me understood that when you socialize then you do need to do social distancing, and so I was
at a McDonald in Heidelberg where between the counter and the equipment behind it is about 1
metre space and within the length of about 1 ½ metres there were 5 staff members. And when I
was at Officeworks in Bundoora a middle age female staff member was somehow embracing a
young female staff member. As such people seem to view that Social distancing applies to
customers and not those working in that business. Actually I witnessed the same in other stores.
* What about the Face Mask?
**#** Well, consider removing a face mask after using. Your hands touching the face mask then
likely will transfer any contamination onto your face when trying to take the face mask off. Also,
the breathing can be a problem, the same with fogging up your glasses, etc. Now with a face
shield then you avoid those problems.
* Is there any constitutional angel about this?
**#** Well, governments can regulate how businesses operate but they have no constitutional
powers to interfere with a persons social conduct. As such, I see no way how any purported
“State of Emergency” can trump constitutional rights.
HANSARD 9-2-1898 Constitution Convention Debates
QUOTE
Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
END QUOTE
.
HANSARD 1-3-1898 Constitution Convention Debates
QUOTE
Mr. GORDON.- The court may say-"It is a good law, but as it technically infringes on the Constitution
we will have to wipe it out."
END QUOTE

Hansard 8-3-1898 Constitution Convention Debates

QUOTE Sir JOHN DOWNER.-
No one is more in favour of that than I am. But, at the same time, it is said-"Let the Houses of Parliament act
capriciously and variously from day to day-allow this 'tacking' to go on if the Houses choose to agree to it-let
the Houses do one thing one day and another the next, and do not bother about altering the Constitution, but
trust the Parliament." Of course; but Parliament must only be trusted when it is within the Constitution. The
Senate of to-day and the House of Representatives must not be put in a position superior to the Constitution.
END QUOTE
As such, it makes no iota difference if you call it “State of Emergency” or whatever, because
the Commonwealth of Australia Constitution Act 1900 (UK) cannot be violated.
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 Where rights secured by the Constitution are involved, there can be no rule-making or legislation, which
would abrogate them. Miranda v. Arizona 384 US 436, 125:

The claim and exercise of Constitutional Rights cannot be converted into a crime. Miller v. Kansas 230 F
2nd 486, 489:

For a crime to exist, there must be an injured party (Corpus Delicti) There can be no sanction or penalty
imposed on one because of this Constitutional right. Sherer v. Cullen 481 F. 945:

HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE Mr. DEAKIN.-
What a charter of liberty is embraced within this Bill-of political liberty and religious liberty-the
liberty and the means to achieve all to which men in these days can reasonably aspire. A charter of
liberty is enshrined in this Constitution, which is also a charter of peace-of peace, order, and good
government for the whole of the peoples whom it will embrace and unite.
END QUOTE

HANSARD 17-3-1898 Constitution Convention Debates

QUOTE
Mr. SYMON (South Australia).- We who are assembled in this Convention are about to commit to the
people of Australia a new charter of union and liberty; we are about to commit this new Magna Charta
for their acceptance and confirmation, and I can conceive of nothing of greater magnitude in the whole
history of the peoples of the world than this question upon which we are about to invite the peoples of
Australia to vote. The Great Charter was wrung by the barons of England from a reluctant king. This
new charter is to be given by the people of Australia to themselves.
END QUOTE

The moment you accept intrusion into a persons constitutional rights then there is no stopping as
politicians will use any issue as an excuse to further their powers.

https://www.msn.com/en-au/news/australia/asio-legislation-to-allow-spies-to-question-terror-suspects-as-young-as-
14-introduced-to-parliament/ar-BB143A51?ocid=spartandhp
ASIO legislation to allow spies to question terror suspects as young as 14 introduced to Parliament
QUOTE
Ms Wright also raised concerns about a proposal to allow ASIO to internally authorise "non-intrusive"
tracking devices such as those placed on a car or in a bag, rather than getting a warrant from the
Attorney-General first.
END QUOTE

I always held the view that ASIO is a unconstitutional terrorist organisation that has no place
within our constitution.
The Framers of the Constitution made clear that in any dispute it ultimately is the Courts that
determines and adjudicate upon the issues after both sides have been heard. Therefore, a
purported warrant issue by an Attorney-General is nonsense. The same with ASIO interfering
with the rights of any citizen. When you consider how badly the intelligence Services were
regarding the WMD (Weapons of mass Destruction) then how on earth can anyone rely upon
them.

https://www.msn.com/en-au/news/australia/asio-legislation-to-allow-spies-to-question-terror-suspects-as-young-as-
14-introduced-to-parliament/ar-BB143A51?ocid=spartandhp
ASIO legislation to allow spies to question terror suspects as young as 14 introduced to Parliament
QUOTE
"It's been quite a time coming — the particular power is prompted in part by the shocking
murder of Curtis Cheng in 2015 by a 15-year-old.
END QUOTE

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Offcourse it is terrible that a child ends up killing, but let us not ignore reality that we had
politicians involved in the mass murder of people in Iraq for the so called WMD’s (Iraq) and so
why not do something about this. After all this in my view was the trigger for others to seek
revenge. No one is going to convince me that it is all right for politicians to perpetrate mass-
murder, crimes, against humanity, war crimes, treason, etc and then somehow they care about
human rights!
* Getting back to the social distancing, is this not remarkable how politicians are copying the
terms used by other countries?
**#** That is the problem. Other countries have their constitutions and well that may or may not
allow for certain laws but in Australia we have our constitution and the States within section 106
are created “subject to this constitution” and as such cannot override or ignore the true meaning
and application of the constitution.
As I also indicated the Chinese put out a cartoon referring to COVID-19 being “airborne” and as
such this is a further issue so far seemingly ignored. And, then the so-called COVIDSafe app that
would for example, at least as I understand it cause numerous wrong tracing to be needed. For
example, if you are say leaning against a wall and on the other-side someone is sitting on a bench
against the wall then you likely would have to isolate even so no contact eventuated but the app
simply doesn’t know there is a brick or other wall between you and the other person. I can for
example be seated in a car with windows closed and someone may walk past and then trigger off
the COVIDSafe app when really there was no contact. Yet, if indeed COVID-19 is airborne
then even if you are on the other side of the street then you could still fall ill and the COVIDSafe
app would not detect this, at least not in my view
* In your view there is a gross mismanagement?
**#** That would be underlining it. Politicians are legislating or even do without legislation as if
they can blatantly ignore constitutional rights of citizens and to me that is of concern because if
they can do it now they will employ this tactic whenever it politically suits them for whatever.
*.What about the refusal to allow protest, such as was in NSW?
**#** Political protest are inherited as a right in the constitution and this is one example how
politicians are claiming you need a permit and then refuse it even so no permit can override once
constitutional rights to be entitled to be involved in a political protest.
*. What about keeping “social distance” during a political protest?
**#** Again, one cannot through a backdoor manner regulate the right of a political protest. If a
person is actually sick then within health provisions such person can be placed in quarantine but
in my view the “social” part is unconstitutional.
*. What about somehow re-organizing hospitals because of the COVID-19 experiences.
**#** Here we go again we got politicians in a job and now somehow the health system is not up
to it to cope with it while in reality we had a stand-by hospital (in Geelong) at huge cost without
a simple patient. In my view the Minister for Health should have long ago prepared hospital and
other medical facilities for such an event well knowing it comes around every couple of years.
Their gross incompetence failing to have hospitals up to needed standards cannot be excused but
do not ask how many of them will. And here is your real problems. No use to shove down the
throat of citizens about the hospitals likely to be overwhelmed and then end up with not a single
patient and then claim that somehow the politicians (grossly incompetent) somehow were doing
a good job.
*.Do you think the politicians have spend the goodwill of citizens?
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**#** In my view citizens will not accept their nonsense again and again. If for example
Minister for Health Greg Hunt had been on the job regarding the Ruby Princess then a lot less
people would have been infected and have likely died. As such, let not have politicians claiming
they kept the death toll down because essentially they screwed up big time.
*.What about this Motherday issue by Comrade/Chairman Dan (Premier Daniel Andrews)?
**#** In my view another big stuff up. Again “socializing” is not part of government powers
because if you were to accept this then they can permanently invoke Chinese kind of controls.
Socializing is a “common law” right and there are other ways to seek to deal with this. While
home socializing is outside the control of any government where it doesn’t involve a
infected/sick person it could for example have ensured that nursing homes and other care
facilities had a room where visitors are separated from those they visit by a glass wall where
speakers on both side allow oral communication. As such, what we have is power play and sheer
incompetence and a total disregard as to the constitutional rights of citizens.
*. Are you against government control when it comes to a disease?
**#** Competent control within the provisions of the constitution cannot be complained about
but what I view we have is sheer incompetence, overbearing political powers and a total and
blatant ignorance of the usage of the Courts. We now have seen that politicians are not, as the
constitution requires, involving the courts at all but merely are terrorizing citizens without court
sanction that it is justified in the circumstances. As the Framers of the Constitution made clear
the constitution belongs to the People. It doesn’t belong to any Parliament and Parliament and the
Government is only able to act for the people. And if it seeks to defy constitutional rights of
citizens it must prove this before the courts to have a justified right in doing so, for example the
right of freedom of movement when a person is infected with a disease. It then ultimately is the
court and not politicians let alone some health official (who may lack any legal understanding
of constitutional rights), which orders if any it will issue against any particular person. It is utter
and sheer nonsense for the Victorian health official to claim that its system is working because
claiming to rely upon an unconstitutional so-called system where ad-hoc decisions are made
hardly is a “system”.
In the USA, there are various human rights and constitutional rights groups which are pursuing
litigation in the courts against those draconic measurements. One Iraq war veteran and now
police officers has put out videos, such as:

https://www.youtube.com/watch?v=HXDTBl1FCWs
Special forces veteran and Police Officer Greg Anderson (Re constitutional rights)

https://www.youtube.com/watch?v=XxLgH9W4OqI
Sheriff refusing to enforce lockdown_ 'This is not the country I grew up in'

There are deceased persons who were buried into mass graves merely because the death
certificate might have referred to COVID-19 this even so this might have been “assumed” and
the person might not have had it at all, as one judge discovered objecting to her sister being
declared death from covid-19 when an autopsy showed she didn’t even have it!
We need to return to the organics and legal principles embed in of our federal constitution!
This correspondence is not intended and neither must be perceived to state all issues/details.
Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)
MAY JUSTICE ALWAYS PREVAIL® (Our name is our motto!)

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