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1
2
3 The Hon Kyam Maher MLC 22-11-2023
4 Email Attorney-General'sDepartment@agd.sa.gov.au
5
6 NOT RESTRICTED FOR PUBLICATION
7 Re Judical abuse of power,duisqualification as Chief Justice
8 Sir,
9 I noticed that there appears to be a conflict involving former Chief Justice Chris Kourakis
10 whom I understand is still pretending to be Chief Justice.
11
12 Let me explain below:
13
14 The States are created within Section 106 of the Commonwealth of Australia Constitution Act
15 1900 (UK) “subject to this constitution”!
16
17 One of the legal principles embedded in the constitution is:
18
19 Hansard 1-2-1898 Constitution Convention Debates (Official Record of the Debates of the National
20 Australasian Convention),
21 QUOTE Mr. OCONNER (New South Wales).-
22 Because, as has been said before, it is [start page 357] necessary not only that the administration of
23 justice should be pure and above suspicion, but that it should be beyond the possibility of suspicion;
24 END QUOTE
25
26 It should be understood the legal principle referred to below of the USA is also in the same
27 manner applicable in the Commonwealth of Australia and so the States.
28
29 Scheuer v Thodes, 416 US 232 94S Ct 1683, 1687 (1974) states:
30 “when a state officer (which includes Judges) acts under a state law in a manner violative
31 of the US Constitution, he comes into conflict with the superior authority of that
32 Constitution, and he is in that case stripped of his official or representative character and is
33 subjected in his person to the consequences of his individual conduct.
34 The State has no power to impart to him any immunity from responsibility to the supreme
35 authority of the United States”.
36
37 ”The test for determining apparent bias is this: if a fair-minded and informed observer,
38 having considered the facts, would conclude that there was a real possibility that the judge
39 was biased, the judge must recuse himself (see Porter v Magill [2002] 2 AC 357 at [102]).
40 According to the “Guide to Judicial Conduct” in England and Wales (2018), Judge Swift
41 should have recused himself.
42
43 "... But … in the interpretation of the Constitution the connotation or connotations of its
44 words should remain constant. We are not to give words a meaning different from any

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1 meaning which they could have borne in 1900. Law is to be accommodated to changing
2 facts. It is not to be changed as language changes. "
3 Windeyer J (Ex parte Professional Engineers' Association)
4
5 This means that the identity of a person at the time of an alleged offence must be kept the same
6 throughout any litigation. After all, if say a person commits a criminal act as a private person but
7 then in proceedings claim to have acted a say a police officer, even so not being so at the time of
8 the alleged offence then JUSTICE is denied to the victim, as somehow the case is distorted. A
9 guilty person by changing personal identification can then influence unlawfully the outcome of
10 any litigation.
11 Likewise, if a male allegedly raped a female but then the male pretend to be a female
12 subsequently the court must deal with the alleged offender as a male and all officials and
13 witnesses must deal with the alleged offender as a male. Whereas for example a male could
14 possibly impregnate a female a female cannot, and as such it is essential that the court deals with
15 any litigation as were the circumstances at the time of the alleged incident.
16 Therefore, changing the identity of a male to a female can undermine the victims right to a fair
17 and proper trial.
18 .
19 QUOTE In the Marriage of P.N. and J.S. Axtell 7 FLR 931
20 The test of judicial bias as laid down by the high court is ‘whether it has been established that it might
21 reasonably be suspected by a fair minded person that the judge might not resolve the question before him
22 with a fair and unprejudiced mind’
23 END QUOTE
24
25 http://lawyerslawyer.net/2012/03/01/prosecutors-obligations-in-criminal-and-disciplinary-cases/
26 “Prosecutor’s Duties
27 62. A prosecutor must fairly assist the court to arrive at the truth, must seek
28 impartially to have the whole of the relevant evidence placed intelligibly before the
29 court, and must seek to assist the court with adequate submissions of law to enable
30 the law properly to be applied to the facts.
31
32 QUOTE ASIS v. US, 568 F2d 284.
33 A judge ceases to sit as a judicial officer because the governing principle of administrative law
34 provides that courts are prohibited from substituting their evidence, testimony, record, arguments,
35 and rationale for that of the agency. Additionally, courts are prohibited from substituting their
36 judgment for that of the agency. Courts in administrative issues are prohibited from even listening to
37 or hearing arguments, presentation, or rational.
38 END QUOTE
39
40 It appears to me that her former Chief Justice Chris Kourakis interfered with the evidence, in
41 that he substitute the male identity for a female identity and rob the victim of a fair and proper
42 trial.
43
44 Say a person was acting as na unlicensed medical practitioner and charge accordingly, but before
45 the trial eventuate this person becomes a medical doctor. The trial judge now insist that all
46 involved in the litigation refer to the accused as being a “doctor”, this even so at the time of the
47 alleged offences the accused was not. Clearly this would inappropriately interfere with a fair and
48 proper trial.
49 In the case reported:
50
51 https://www.theepochtimes.com/world/jk-rowling-criticises-australian-judge-for-using-gender-pronouns-in-court-
52 5526230
53 JK Rowling Criticises Australian Judge for Using Gender Pronouns ...
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1 9 Nov 2023 ... British writer J.K. Rowling has criticised an Australian Chief Justice over the requirement to use
2 female pronouns to refer to male sex ...
3 QUOTE
4 “I would prefer that social media commentators took the time to properly inform
5 themselves before pressing the send button, but my only concern is to assure the
6 South Australian public that Ms. Rowling’s anxiety is completely unfounded. ”
7 END QUOTE
8
9 In my view Chris Kourakis failed to understand that as a Chief Justice he cannot dictate court
10 staff, lawyers, witnesses, etc, to refer to a person not being the true identity of the person at the
11 time of the alleged offence. By doing so he undermines the victim of a fair and proper trial.
12 Moreover, he denies the proper administration of justice and by this violate the basic tenant in
13 the constitution and therefore no longer can be deemed to be a judge, let alone a chief justice.
14
15 Far too often the WOKE agenda has robbed of Australians the right to know the true identity of
16 those before the court. For example, so called refugees are hidden behind some fabricated name
17 and when they are convicted murderers, rapist, etc, then the courts in fact shield their identity
18 from public knowledge. This means that such a person in violation of Section 44 of the
19 Commonwealth of Australia Constitution Act 1900 (UK) could end up in the Parliament
20 because their true identity and criminal records remains hidden. See also:
21
22 It appears to me that the High Court of Australia is a threat to Australia’s national
23 security, in addition to those claiming to be Ministers and their collaborators.
24 You can download the document from:
25 https://www.scribd.com/document/685212627/20231118-Mr-G-H-Schorel-Hlavka-O-W-
26 B-to-Attorney-General-Mark-Dreyfus-National-Security-Issues-Supplement-1
27
28 https://www.theepochtimes.com/world/murderer-who-dissolved-wifes-body-in-acid-could-be-
29 released-from-australian-detention-5532588
30 Murderer Who Dissolved Wife's Body in Acid Could Be Released From Australian
31 Detention
32 QUOTE
33 Mr. Kellisar fled to Australia as a refugee in 1990 on a forged Canadian passport. He
34 was transferred from prison to detention centre with his visa cancelled due to the
35 seriousness of his criminal offences.
36 Killer’s Stepdaughters Reported Living In Fear
37 Mr. Kellisar has two step daughters, who said they were terrified by the prospect that
38 he would come for them after being released from the detention centre .
39 Sydney sisters Serrah and Bianca Katz, whose mother was killed under their
40 stepfather’s hand, said Mr. Kellisar has previously tried to take them from their
41 grandparents’ house when he came to Sydney in 1997.
42 “Growing up without your mum was awful, but what was worse was having in the
43 back of your mind one day he would be released,” Serrah told the Herald Sun .
44 “I have no doubt he wanted to murder us, we’ve grown up knowing if he ever got out
45 he would come for us.”
46 They had grown up in fear as their stepfather was violent towards them, Serrah
47 added.
48 END QUOTE
49
50 In this case the High Court of Australia placed the rights or non-existing rights of a murderer
51 above the rights of Australians. No indefinite incarceration can exist when a person by his own
52 free will decide not to leave. By entering the country under a false identity he by this already lost
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1 any rights. What we now seem to have is that like Chris Kourakis the courts are implementing
2 their WOKE agenda and in the process undermine the legal principles embedded in the
3 constitution.
4 In my view the Court simply should in cases like that of Mr. Kellisar case issue an order that
5 such persons are placed in detention but to be released for purpose of leaving the
6 Commonwealth of Australia. As such, the persons concerned have the key to their own
7 cell doors.
8
9 The courts have absolutely no legal (judicial) powers to override the legal principles embedded
10 in the constitution but this appears to be what is now eventuating.
11
12 Let’s be very clear about it, the right of a person to call himself a donkey, ass, cockroach, dog,
13 cat, or whatever is and should not be the issue rather that such a person or anyone else can
14 demand others us conform to this selected identity.
15
16 Political parties have been eager to claim they are promoting women’s rights and that a certain
17 number of women must be in management, political positions, etc, regardless they may not be as
18 competent as others for the position and yet with men now claiming to be women this throws out
19 the very argument of equality of men and women.
20
21 Judges must be free from bias and certainly not push the WOKE agenda. Whatever their
22 personal views might be should never be dictating the rights of parties appearing before the
23 bench. In my view former Chief Justice Chris Kourakis simply misused/abused his powers to
24 pursue a WOKE agenda and by this causes uncalled complications to litigation. Courts must
25 deal with the parties as they were at the time of each particular incident complained about and
26 not substitute FACTS for WOKEISM because it might suit some WOKE judges. An alleged
27 perpetrator has rights but they cannot be to alter the evidence, etc, of an alleged criminal
28 conduct. In my view a judge who doesn’t know the difference between a biological male and a
29 biological female doesn’t belong at the bench, being unable to be fair minded dealing with
30 evidence in the case. A judge who defies the constitutional rights of an alleged victim simply lost
31 the judicial position when doing so!
32

33
34
35 We need to return to the organics and legal principles embed in of our federal constitution!
36
37 This correspondence is not intended and neither must be perceived to state all issues/details.
38 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)

39 MAY JUSTICE ALWAYS PREVAIL®

40 (Our name is our motto!)
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