Attorney-General v Bahonko
[2010] VSC 588
•14 December 2010
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
PRACTICE COURT
COMMON LAW DIVISION
SC I 2010 04919
| THE ATTORNEY-GENERAL FOR THE STATE OF VICTORIA | Plaintiff |
| v | |
| STANISLAWA BAHONKO | Defendant |
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JUDGE: | OSBORN J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 26 November 2010 | |
DATE OF RULING: | 14 December 2010 | |
CASE MAY BE CITED AS: | Attorney-General v Bahonko | |
MEDIUM NEUTRAL CITATION: | [2010] VSC 588 | |
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PRACTICE AND PROCEDURE – Application to restrain plaintiff from continuing with proceeding declaring defendant a vexatious litigant – Triable issue in the underlying proceeding – Issue of public interest – History relied on by plaintiff substantially undisputed – Allegations of misconduct in prior proceedings doubted – Trial the proper venue for ventilating defendant’s case – Restraint of plaintiff not justified – Further application for injunctive relief defective in form – Not supported by material justifying interlocutory relief – Relief sought not in public interest – Threat to plaintiff not established – Directions for trial and expedition of proceeding.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr D Masel | Victorian Government Solicitor |
| For the Defendant | Ms S Bahonko | In person |
HIS HONOUR:
Ms Bahonko has two matters before the Practice Court. By a summons dated 8 November 2010 amended on 15 November 2010 (‘the amended summons’) she seeks injunctive relief. She also seeks to appeal orders made by Mukhtar AsJ on 27 October 2010.
The first form of injunctive relief sought is an order restraining the Attorney-General from continuing the present proceeding. Ms Bahonko submitted, and counsel for the Attorney-General accepted, that logically the application for injunctive relief made in the amended summons should be disposed of before the question of the appeal was considered. Counsel for the Attorney-General did however also ask me to fix a trial date if I were able to.
The full terms of the claim for relief in the amended summons is as follows:
1. INJUNCTION against the Attorney General Rob Hulls from continuation of proceeding SCI 2010 04419.
2. RESTRAIN of the Attorney General Rob Hulls from giving ANY directions in relation to Plaintiff to ANY persons, organisations, corporations Departments, companies, administration, staff, Associates Justices and Judges of the Victorian Courts & Tribunals.
3. The Chief Commissioner Simon Overland & the Members of the Victorian Police are restrained from:
(a) any physical contact with Stansilawa Bahonko
(b) are restrained from the application of handcuffs on her
(c) are restrained from arrest, imprisonment of her without the order of the Full Court of the Supreme Court of Victoria
(d) are restrained from making threats at her & intimidation of her
(e) are restrained form any application of any substance at her
(f) are restrained from approaching her within a distance lesser then 10 meters
(g) are restrained from stalking & harassing her
(h) are restrained from giving directions to ANY persons & organisations & incite any Form of Violence against her
(h) Mr. Overland, his Deputy Commissioners & the Minister for Police for the State of Vic. are restrained from giving any instructions to any of his Police Force members to the effect of the above.
4. Attorney General Rob Hulls & the administration, staff, the Associate Justices & judges of the Victorian Courts are restrained from threats of assaults, assaults, mental, psychological, emotional tortures and abuse & from calling security police upon Stanislawa Bahonko.
5. Minister for Health Daniel Andrews & the staff in health care of any levels including doctors are restrained from giving directions to threat with assaults or assaults of Stanislawa Bahonko by any members of a health care & are restrained from calling security upon Stanislawa Bahonko and are restrained from mental, psychological, emotional tortures and abuse and from refusal of treatment to Stanislawa Bahonko.
6. Former Minister for health Bronwyn Pike is directed to remove any directions, instructions she has given when the Minister of Health in relation to Stanislawa Bahonko to any health care persons & institutions including those of refusal of care & calling of security upon Stanislawa Bahonko and including instruction to deny treatment & diagnostic tests & including instruction not to make adequate or accurate written medical record of Stanislawa Bahonko’s medical complaints & problems & from giving any directions to any persons, organisations Departments, organisations, companies, corporations in relation to Stanislawa Bahonko.
7. Premier of Victoria John Bramby & his Ministers are restrained from giving any directions, instructions to ANY persons, organisations, Departments, companies, corporations in relation to Stanislawa Bahonko except to their Legal Representatives when Defendants in Any proceedings.
8. Current & future legal representatives for the Attorney General Rob Hulls, The State of Victoria, Victorian Ministers & Victoria Police & the Chief Commissioner of Victoria Police Simon Overland are restrained from giving any directions to Any persons, organisations, companies, Departments, corporations in relation to Stanislawa Bahonko except for a lawful requirements of conducting Court Defences & are restrained from mental, psychological, emotional tortures & abuse of her.
9. Any such orders giving effect to the nature of injunctions & restrains sought in 1 to 8 & any such further orders the Court finds it fit to make in compliance with the international human rights laws to which Australia is a signatory & to ensure Stanislawa Bahonko’s rights to life, liberty, security of person, personal safety, protection from tortures and inhumane, degrading treatment or punishment.[1]
[1]Amended summons dated 8 November 2010, amended 15 November 2010, [1]-[9]. Emphasis in original.
During the course of the hearing before me I amended paragraph 1 to refer to proceeding 4919 of 2010 as it is plain this was its intent.
Ms Bahonko emphasised the importance to her of paragraphs 2 to 9 of the summons because she fears for her physical safety.
I interpolate that I accept that she is an intelligent woman with grievances which she holds genuinely and that she has an honest belief as to a number of the matters which she alleges in support of her claims. Nevertheless, many of her complaints are expressed in emotive language and the truth of the underlying facts is very much in issue.
Ms Bahonko seeks to restrain the Attorney-General from proceeding to seek to declare her a vexatious litigant because, as she puts it in her affidavit of 16 November 2010, such an injunction is necessary:
… to preserve my mental & physical health as this proceedings is a mental torture of me & psychological violence & threats of physical violence were enacted already in the course of this proceeding as on each occasion during the hearing at the Supreme Court of Victoria police officers were present & ready to arrest & assault to kill, seriously inure [sic] and permanently disable & I gave evidence of that in my previous Affidavits filed in this matter.
A statutory declaration of 26 October 2010 further elaborates the background circumstances to which Ms Bahonko appears to be referring.
1.The context is that since the attempt to kill or/permanently disable at work on 6 May 2004 where Victorian Police officers Farrah & Dechene were used as the hit men by Ann Turnbull, Pat Riley & as alleged with collaboration with Ms. Turnbull’[s] husband Alan & others I have been subject to threats & assaults at the Supreme Court of Victoria once I started seeking justice.
2.Threats, intimidation & assaults from the police security men intensified in 2008/09 & I had to call 000 at times. Those were associated with Prothonotary Saltalamacchia and among others with Justice Williams.
3.Justice Williams intimidated me at the Supreme Court during giving judgment in the matter Bahonko v Casey City Council when she have Court security positioned at the entry to the Courtroom on my arrival & the men from the security sitting just behind my back at the Courtroom. She refused to have him sent away & I became so distressed that I had to leave not waiting until she finished her Reasons.
4.I have knowledge of & observed that the Court security men & police are at the doors of criminal cases not civil.
5.During the hearings at the Court of Appeal there was not security men present at the door.
6.I raised my concerns directly to J.Williams & the administration of the Court previously & requested that no such intimidation to take place in the future & there are Medical Documents on the Supreme Court’s file which are in their substance a prohibition of such intimidation by police as I was almost killed by police on 6 May 2004 & their presence distresses me since that time.
7.At present I have only one Court matter that is Work Cover case awaiting appeal at the Court of Appeal & as the Questions of law which aroused [sic] were not dealt with by the High Court of Australia application is at the Privy Council in London.
8.On 8 September 2010, the Attorney General Rob Hulls took his vexatious action to have me declared vexatious litigant at the time of me not appearing in Courts at all for about a year.
9.I have to attend Courts again to defend that action which is a criminal psychological assault upon me.
10.From the outset as previously Hull’s [sic] conduct is unlawful, criminal, corrupt & deceitful as on about 9 September 2010 at 7 am man who arrived at my house to serve Documents took photos of my house from my frontyard without my permission & did not leave documents.
11.In a mean time I was viciously assaulted by Victoria Police Tancredi, Crawford, and Bracken & Detective on 7 October 2010 & sustained further injury to my neck & loss of sensation to the part top of the left hand & functional arm weakness. It was attempt to kill or/and permanently disable as on 6 May 2004.
12.On 9 October 2010 I was stalked & assaulted again when crossing parking by Victoria Police so called Transit Police: McCorminck, Warren Tait & Colin Huth & my hands were twisted again.
13.I learned of action & hearing only 2 days before & due to ill health I could not attend on 24 September 2010 despite my absence & appearance not being filed and the process was on a wrong forms Associate Justice Mukhtar promoted by Hull’s himself gave Hull’s leave to commence in such incorrect way & other orders in breach of natural justice.
14.When I attended Supreme Court Registry on 18 October 2010 to file Notice of Appeal I was threatened means assaulted by Courts security man & women who were called by the self-represented coordinator with name of Ms.Rora Bennett but this name may not be correct as she does not have a name badge & refused to provide me with her name or/and the prothonotary & his staff & came onto me within about 50 cm when I was sitting at the window of the self-represented litigants’ coordinator’[s] office & I took their names.
15.I stated to the coordinator that it was unjustifiable thus assault.
16.I had to attend Supreme Court Registry again on 22 October 2010 to file Summons to Restrain & for Injunctions against Vic. Police & others & Summons For injunction or/and dismissal of the abuse of the process Hull’s Proceedings.
17.My originating Motion with summons seeking injunction against Police & others was refused to be issued by Prothonotary Ratcliffe as he said that Court has no Jurisdiction to give orders as sought & sent me to the judge in the Practice Court Justice Dixon.
18.When I arrived to the Practice Court 7 at about 4 pm the Court room was closed & Court was empty what was unusual for the Practice Court.
19.When I was waiting there 2 Court Security men arrived & I became worry that I will be assaulted. They also did not have name badges. I asked them who send there & for their names They refused to give me name & threatened to remove me if I keep talking. One of them switched on what seemed to me was a small voice recorder.
20.Within about 15 minutes Courtroom was open by the Associate to Justice Dixon & the Courtroom door left open with the policemen standing next to it.
21.I asked Justice Dixon to close the Courtroom door before I start my application as I sought injunction against Police including the Supreme Court Police & told him that my health & life would be endangered if Police officers outside hear my application against Police & the Attorney General Rob Hulls & he refused saying that Court is open Court as if that principle meant the open door. It was psychologically offensive. The open Court does not mean open door.
22.I asked Justice Dixon what the security men were doing outside & that in addition to confidentiality I felt intimidated he said that they doing their job & refused to sent [sic] them away.
23.I handed to Justice Dixon my Affidavit of 22/09/10 with Exhibits demonstrating attempts to kill & disable & severity of my back injuries & that my body would not withstand further handcuffs & assaults & he stated that there was nothing in my Affidavit to support my claims.
24.I said that I disagree & it was wilful mental abuse for him to say that in the face of medical evidence, & he was also barking at me & speaking aggressively.
25.I could nor [sic] proceed with my submission because of the presence of the police & waited for about 30 minutes for orders refusing to issue proceedings for injunction.
26.On 26 October 2010 I attended Supreme Court of Victoria Practice Court No:7 at about 10:30 for the hearing of my Summons of 22/10/10 for dismissal of abuse of process proceedings or/and injunction to stop second direction hearing before Associate Justice Mukhtar tomorrow at 10:30 am.
27.The Court 7 was still closed & corridor was empty of litigants which is unusual for the Practice Court.
28.I observed four Police officers at the door of the Court 7. Two appear to be internal Police and 2 External Police Force.
29.I have knowledge that to have 4 police at the Courtroom it had to be organised & colluded with number of people that is Justice Williams, the Police heads with responsibility for such threats by the Attorney General Rob Hulls & Administration of the Supreme Court of Victoria.
30.I went back I asked woman from the Court Support Network to be with my [sic] because threats to my personal safety.
31.The woman appeared partially blind with a white stick was hostile to me & told me that Judge ordered her to be with a witness in another Court & she could not be with me & only walked with me to the Courtroom 7 & left me there.
32.This is evidence that what should be independent of Court administration Social Court Support Network is controlled by Court Administration & Judges thus it is evidence in support of Fascism in Justice.
33.When I entered Courtroom I noticed that there were no other applicants which was unusual and only my matter to be heard & 3 unknown [to] me woman sitting on the back appearing to be instructing solicitors for the Barrister Masel appearing for R.Hulls, which barrister was previously asked by me not to appear in my matters due to mental tortures he subjected me to with a deputy President Billings at the VCAT when Hulls attempted to put me under Guardianship & administrator.
34.The was no notice on the door as to cases & the judge name & I asked the judge for her name to ensure that it was Justice Williams who assaulted me before & in addition acted in a totally biased & corrupt manner for the Government in my matter against Casey City Council.
35.I asked for her to disqualify herself on the basis of conflict of interest & charges of assault & other criminal charges I have against her & on the basis of the current second assault.
36.I state that EVIDENCE IS that Justice Williams has colluded to organise 4 police officer for my hearing with intention to cause my arrest for contempt of the Court & injure or/and attempt to kill or permanently disable.
36.Justice Williams colluded with others & wilfully planned to abuse me, distress me, provoked my upset & caused me to make verbal claims of criminal conduct of her & against the Court as the institution which she would use to call 4 Police officers waiting outside ready to arrest me, twist my hands & imprisoned [sic] me.
37.Justice Williams plan did not work but it does not remove her CRIMINAL RESPONSIBILITY for the criminal act she prepared.
38.Justice Williams criminal plan did not work because I made allegation of Criminal conduct against her not the Court.
39.The evidence that she said at one point that she represents the Court points that she was leading towards charging me with Contempt of the Court & causing me injury by the 4 Police officers waiting outside.
40.Further J. Williams continue to hear Mr.Masel on substantive matters despite that I requested that the case before her was only her disqualification from the case but she persisted against my will.
41.Submission by barrister Masel that I was not in Contempt of the Court because I was making personal to Justice Williams claims of criminal conduct postponed Justice Williams’s realisation of assault & she left the Court telling me that she will returned [sic].
42.I left the Court immediately after she left as violence was in the air.
43.On my way out to the left the door way was blocked by police officer & I had great difficulty to pass him over in a little space he left on the side.
44.I believe that if I not left the Court today I would be imprisoned, injured, killed or made permanently disabled.
45.Justice Williams was replaced previously from sitting in my case in the Court of Appeal in about early 2009 on the basis of conflict of interest & she came wilfully to the bench today that is 26/10/10 for the criminal purpose to cause my arrest.
46.I have knowledge reported in the Media for example radio 3AW that Justice Williams upset the dead man’s sister by making suppression order against part of the Impact Statement made by the victim.
47.Justice Williams demonstrated pro-criminals bias in my cases & case mentioned above.
48.Protection of criminals is a landmark of R.Hulls.
49.I have to attend hearing tomorrow that is 27 October at 10:30 am before the associate Justice Mukhtar or he could give ALL the orders Hulls wants.
50.I am forced to attend the Supreme Court of Victoria risking my life & health.
51.Treatment of a 50 yo.woman, the victim of crime with a severe spinal injuries with violence & attempts to injure & kill by the judges, Court’s Administrators, the attorney General for the State of Vic. Rob Hulls on the Courts’ premises is a plain Evidence of Fascist Regime & constitute Crimes Against Humanity.[2]
[2]Exhibit AA to affidavit of Stanislawa Bahonko affirmed 11 November 2010, [1] of statutory declaration made 26 October 2010.
As to Ms Bahonko’s claim for broader injunctive relief, she states in part
12. There is a pattern of life-threatening assaults & unlawful imprisonments perpetrated by officers of Victoria Police the major being : on 6 May 2004 at Moorfields, harassment at home & attempt to arrest in April/May 2008 by Cranbourne Police, harassment by flushing [sic] lights into my windows on a regular basis at about 8pm by Vic. Police & unlawful search of me on my own street about the end of 2009, unlawful assault by ticketing inspector Owen Burgess on 28 February 2010 who since that time harassed me further & demonstrated to have special powers & close collaboration with Victoria Police & demonstrated to have confidential details about me, twisting of my right hand by Police officer Mulley on 2 August 2010, Assault to kill & imprisonment on 7 October 2010 where exact procedures of assault of 6 May 2004 were followed, assault & twisting my hands again with threats of arrest on 9 October 2010, calling Police upon me by Manager of Wise Employment at Dandenong within minutes after I faxed from there a letter to officer Bracken from Oakleigh re: assault on 7 October 2010, set up to charge with contempt of the Court, arrest & assault on 26 October 2010.
13. Instead of treatment I was threatened with assaults & removal by security man in St.Vincent’s Private Hospital on 7 October 2010 & Royal Melbourne Hospital on 8 October 2010.
14. On 29 October 2010 I was not allowed to state my full health symptoms I suffered following vicious assault on 7 October 2010 to Dr. Alex Mogilevski at Narre Warren Medical Centre & he refused to treat me at all without providing a reason as did 2 other GP’s in this & other Clinic.
15. Assault on 7 October 2010 was so vicious that X ray revealed possible undisplaced fracture of the left wrist, transient tingling of my right side of the face & tingling is persisting, loss of sensation to part of left hand that when pricked with injection needle by Dr.Mogilevski blood came up & I did not feel or react.[3]
[3]Affidavit of Stanislawa Bahonko affirmed 16 November 2010, [12]-[15].
Background to these allegations is further set out in an exhibit to her affidavit of 16 November 2010.
On 6 May 2004 when working as a Registered Nurse in Div.1 I was viciously assaulted by 2 police officer on behalf of the criminal employers & psychopaths.
I sustained life threatening closed head injuries & spinal & body injuries demonstrated & confirmed on only recently performed MRI & Post Traumatic Stress Disorder & I suffer from serious disability & have not worked since.
Victorian Government & Ministers & the Attorney General Rob Hulls covered up for primary criminals & ensured perversion of justice in all Courts for over 5 years & in addition engaged judges in intimidation & threats at me as for example judge Misso during my Work Cover trial.
Despite my complaints to the Attorney General no investigation was conducted into criminal conduct of this and other judges, judiciary officers & administrators.
Former Commissioner Ch. Nixon now is with the access to the money of the bushfire victim for which misery Ms. Nixon, Vic. Police & Vic. Government is responsible and is paid for favours she had done to Vic. Government in covering up that serious assault & criminal offences in the administration of justice in my cases.
Fundamental issues are that NO Witnesses were questioned ONLY perpetrators in May 2004.
NOW, new evidence came to light & cases must be reopen [sic] further that Vic. Gov, and its servants & agents wilfully engaged in criminal vilification of me & defamation as to the condition as suffer from and my intellectual capacities.
Vic.Gov.Corrupted doctors at their service & judges.
Since State employed criminals got away with crimes their [sic] continued with terror & torment of me for the last 5 years threatening me with arrests without a lawful cause & subjecting me to ongoing assaults at public places & even damaging my property & attacking me at home & inciting violence against me.
My reports to Police end up with me being threatened & intimidated & being referred to go to the Vic.Gov. & Parliament which clearly demonstrates that Vic.Gov. dictates to Vic. Police not to investigate crimes against me.
On 28 Feb. 2010 I was spotted by (without uniform) tickets inspectors & despite that I had a valid daily ticket for the day I was physically assaulted by OWEN BURGESS &, unlawfully arrested, mentally tortured & subject to violence & threatened with more physical violence & sustained shock, heart attack & ended up in Monash Medical Centre Emergency Department.
Since that assault I am ill.
Police who arrived instead of the victim assisted criminals & confiscated my valid ticket handing it over to the criminals, refused to take statement form me & continued with psychological abuses & intimidation of me the next day at the Oakleigh police station refusing to take statement from me and making me wait for over 1 hour when I was ill & the next day Constable Daniel Jamison took only notes into his notebook & refused to make a proper statement which I could sign & instead offended me.
Const.Jamison conduct is corrupt & criminal as he is covering up criminal assault of me & is obstructing justice further intimidating a witness.
Vic.Gov. sending squad of psychopaths & bullies upon commuters & terrorising public on the train.
Physiognomy of theses [sic] inspectors & their appearance and manner is of psychopaths & criminals & has nothing in it which is lawful or civil.
Media should take photos of those squads & it would confirm that those individuals are selected as all have threatening appearances characterising psychopaths & criminals & their conducts only confirms that objective findings.
I was grabbed by the shoulder & pushed by Owen Burgess without a lawful reason.
Fascists & their agents must keep their grabs in their pockets & cannot continue to bash & beat citizen & innocent victims.
Having a valid ticket & sitting quietly reading papers still puts one in danger in this State run by Fascist Government.
Forgetting concession card is not an offence for which a person should be arrested & tortured for in a civilised State but this is happening thus demonstrate that this is a Fascist Regime who sends terror squad to terrorise & threaten citizens.
Within minutes I was assaulted, entrapped by 4 psychopaths in a ring & prevented even from standing up & walking when became light-headed & short of air. I was entrapped at the end of the Clayton platform in a dark & far away from the public & I was not allowed to go to the waiting room of the station where the station officer was.
That squad on 28/02/10 delayed train for over 30 minutes already when I got into train at Dandenong Station then assaulted me & still were terrorising people at 9 pm on the same line & Police was on the train in attendance when I was coming back from Emergency Department.
Despite my Report to Oakleigh Police the same Squad continues to terrorise people on this line & I saw them including Owen Burgess at Malvern Station on 5 March 2010.
Therefore, I request that Owen Burgess & the Squad be removed from the line I travel on immediately as it causes me severe trauma & is putting me at danger.
I commenced process of seeking injunction against this squad & Owen Burgess which process takes time but their must be removed from my line immediately by there [sic] Minister for Transport & should be suspended from duty.
Opposition Leader managed to [get] Parliamentary inquiry into dealing with Winsor Hotel renovation Thus should commence more needed & overdue inquiry of 5 years of terror & torment of me by Vic. Government & its agents & servants & perversion of justice.
Despite that media reported numerous assaults often bloody on passengers by those ticketing inspectors Vic.Gov. still employs unlawfully criminals & psychopaths thus unsuitable individuals to terrorise passengers.
I request that criminal record check of Owen Burgess & the squad on 28/02/10 be provided to me & this must disclosed [sic] any past prison serving sentences & if any registration of sex offenders on adults or children.
Opposition leader seems mistaken as to the shortage of Police as there is enough police to attend Trains to assist terrorising squad & when I attended Oakleigh Police Station there were at least 3 officers on 1 March 2010 and all refused to take statement from me & intimidated me instead.
Vic.Gov. is wilfully putting public in danger by giving powers to assault, bash & kill to its squad which individuals are demonstrated to be specially selected for the job as Nazis SS squad.
The employment of theses squads must be subject of a parliamentary inquiry before they injure & kill more people as they were deaths reported of young peoples trying to escape those squads.
Further Parliamentary inquiry must address Why Attorney General obstructs access for victims to file charges of criminal assault at the Magistrates.
In the circumstances when Vic. Police covers up & protects criminal, a victim is prevented from filing charges of assault directly with the Magistrate Courts by means of imposition of large costs on the victim.
Despite that fee waivers are given in ALL Courts to file applications in civil matters Attorney General & Magistrates Court Registries refusing to give fee waiver to file charges of assault thus pensioners as me cannot bring charges against perpetrators.
This is violation of fundamental human rights of a person and the victim of crime & a plain evidence of protection of CRIMINALS by the STATE OF VICTORIA and demonstrates that this Regime has its power base in criminals & protests [sic] them evidently on each level.
This puts public in danger & increases crimes rates as violent crimes are commodity in this State.[4]
[4]Exhibit EE to affidavit of Stanislawa Bahonko affirmed 16 November 2010.
Ms Bahonko also makes allegations of police harassment on 25 March 2010 and 2 August 2010.
She complains particularly of alleged events in October 2010.
1. On 8 October 2010 I made Statutory Declaration in relation to police violence against on 7 October 2010 & I did not have at that time name of the second offender L/S/C Tancredi & identified him as officer of a Greek origin which I was told he is not. Detective name still to be established & the 4th officer involved was SGT.Bracken.
2. I have learned that Vic Minister for Police Cameron together with other Minister resigned on 7 October 2010 & my knowledge is that this event is relevant to the current police violence against me stated below.
2.1 It is my knowledge that Rob Hulls the Vic. Attorney General has power over Vic. Police & I have evidence of his obstruction of justice in my Work Cover Court Cases.
3. I declare that Rob Hulls urgent application to declare me vexatious litigant & talking away from me ability to start court proceedings against criminals is directly related to the current assault of 7 October 2010.
4. My everyday living has been systematically & systemically made as tortuous as possible by Australian Fascist in Gov. & police.
5. Below is example that even baying [sic] necessities I cannot avoid assaults. I have complaints against Woolworths of at least 2 years duration when in Hampton Park Store I have been wilfully thus criminally harassed by their security man of Indian Origin Sighn for a prolonged period of time on incitement from 2 fat evening store managers there & where I had been wilfully harassed & abused by staff for example, young man David.
5.1 Upon me entry to the store security man Sighn followed me around the store to each section causing me distress & that conduct continues despite my complaints to evening managers.
5.2 My shopping bags were searched upon each attendance at that store even that at times I had bag squashed in my hands thus demonstrating that it was empty & that those searches never produce any result for the staff. It was evidently being done to cause my upset & distress & defame me in the face of a public.
5.3 It was a criminal discrimination as other people bags were never searched & Shoppers of Indian origin were treated as “saint cows” by that Indian security man even that some of them had habits of touching & squizzed [sic] each fruit & putting it back on the shelfs [sic] .
5.4 I also witnessed that security man Sighn attempt to physically assault some youth outside the store, running after them & attempting to grab them & only when he noticed that I was watching he put his hands back
6. Despite my multiple requests to stop harassment & abuse it continues & became so unbearable & damaging to my health that I stopped doing shopping there & started shop at Oakleigh Woolworths.
7. Harassment at Woolworths Hampton Park was demonstrably incited & with a criminal purpose.
8. It is my belief that harassment at Oakleigh Woolworths is a continuation of harassment at Hampton Park Woolworths & incited by the same criminal persons.
9. I have not experience harassment at Cole’s [sic] stores at Hampton Park which I also attend frequently or at any other Cole’s [sic] location & my manner of shopping is the same in all shops that is that I search for reduced price items as I am on pension & often do not buy if prices are not reduced on the day.
10. This fact demonstrates that causes lie with Woolworth’s management, policies and quality of their employee & fascist culture that permeates that company.
11. I had multiple events at Woolworth Hampton Park that reduced price items were refused to me at the counter despite that there were on the shelf & other people were buying them.
12. Refusal of selling me reduced price items is an evidence in the case with Woolworths & Police Assault at Oakleigh on 7 October 2010 at about 6:30 pm when police officer of Greek origin who hide his name badge & fast told me his name which without seeing I am not able to spell correctly phonetically close to Koumanidis removed a loaf of bread from my shopping basket yelling at me aggressively that I am not to buy that bred [sic].
13. This bread was reduced from about $4-95 to $1-98.
14. Evidence is that that loaf of bread was part of the reason for a store manager Steve & assistant Christopher to assault me psychologically causing my apprehension of physical contact & assault & then utilising sadistic police officers women officer Const.C. Crawford & that of Greek origin so called Koumanidis to do job for him upon incitement.
15. Previously for several weeks staff of Indian Origin started harassment & abuses of me exactly the same as in Hampton Park that is constantly searching my backpack & not searching other shoppers with significant sizes bags.
16. They [sic] searches proved to be fruitless & as in Hampton Park were done to cause me distress & I was abused as they would interrupt me when I was paying into self serving machine demanding that I do 2 tasks at the same time which is impossible.
17. I told them to stop harassment as the content of my backpack was a private matter & contained personal items I needed for the day & such searches were violation of my privacy & for the reasons that they have multiple cameras in the store multiple staff stocking shelf everywhere & electronic check at the exit that searches have no lawful justification at present time & other shops do not conduct them.
18. Electronic devises [sic] extinguished reason for bags searching of customers.
19. I intended to make official complaints to the day Manager.
20. I was told that if I do not like searches to leave my backpack at the front of the store behind the side rails which I start doing.
21. Evidence is that my compliance with their demands only brought forward their plot of vicious assault as their [sic] could not longer abuse me & distress me by bag searching.
22. I was in Woolworths Oakleigh on Tuesday evening that is on 5 October 2010 & came face to face with the evening Manager Steve who assaulted me 2 days later on 7 October 2010 as I pick up some items he reduced & he did not indicated [sic] that I am not to shop there.
23. On Wednesday I was not there.
24. On Thursday at 6:30 on 7 October 2010 I went there to buy that particular loaf of bread & as usual I left my backpack at the front store seeing assistant noticing this & he did not say anything thus my entry were permitted & I was allowed into the store.
25. I went straight to the bread section which is well visible from the front desk of the shop & I have chosen one loaf of bread. I went around cakes shelves & then came back to bread thinking if I should get another loaf of bread & when I bend to get a plastic bag for the bread two men confronted me very closely too closely to my body & old one told me that I must leave the store because it is a private property.
26. As any fair minded member of the public would be I was shocked & asked: Why? It is a business open to the public & the evening manager Steve told me that he does not have to provide me with the reason.
27. As I move to the front of the shop I asked him to provide me with his surname as in my knowledge of law which is reasonable now I knew that it was criminal assault, wilful abuse & premeditated set up.
28. Man refused to provide me with his surname & made threats of calling police to remove me.
29. I said do so as I was right & done nothing wrong & was made a victim & wanted to also report the assault to police & obtain manager Surname.
30. Police arrived in approx.10 minutes man & woman & the man of Greek origin had his name badge hidden.
31. I was cut off & Manager took policeman aside & told him something I heard only first part when manager made false statement that I pushed the staff member but he said not today.
32. Policeman of Greek origin came to me very aggressively & cut me off when I said that now he should hear my side of the story.
33. I was holding shopping basket with a loaf of bread & I said that I go through & pay for the bread then meet him outside the store & policeman violently grab my basket & bred [sic] yelling at me that I will not buy that bread & to the best of my recollection physically taking bread from the basket throwing it on some trolley next to him.
34. I took the loaf of bread back from that trolley rise it up & yell so I cannot even buy a bread & at that moment for those words I was physically viciously assaulted policeman & woman attacked me from both sides viciously twisting my hands being [sic] me painfully & dragged & pushed me outside & I tried to free myself from their grabs.
35. When outside their continue violent hold of me & pushed me violently on the bench face down twisting my hands painfully & put handfuls [sic] of my hands in front of shoppers watching.
36. I asked them prior not to touch me because I have spinal injury but it did nothing to stop them or vicious force exerted upon my body especially upper back & neck.
37. They show no consideration to my repeated pleads to stop.
38. They show no consideration to my request for my backpack left at the shop & pushed me through the long corridor to the back of the car, order me in & lock me up.
39. I pleaded again to them to let me go because I cannot breath & I am claustrophobic but to no avail & I cry & scream then almost chocked [sic] & I started gasping for air & their [sic] stood there at the shopping car park for a long time about 20 minutes before driving to Oakleigh Police Station.
40. I notice light flushing [sic] & some air being punished [sic] inside.
41. Their [sic] dragged me into room & locked me up at the Oakleigh Police Station still in handcuffs.
42. My hands were swollen & finger was bleeding & pain was excruciating & I scream at them that there are Fascists.
43. After some time their [sic] brought in a man in a white shirt a Detective & woman Const.Crawford proceeded to do a personal search on me despite my objection when the 2 were watching & I asked if she had a search warrant she said she does not to have one.
44. She took my purse with loose change & my house key & other purse with tickets & notes etc and all I had in my pockets away.
45. Detective as well had a go at me & assaulted my [sic] physically by grabbing me by my blouse under my neck & dragging me from one side of the table to the opposite side very violently & aggressively then all left.
46. Then Sergeant Crocken (spelling may not be correct) came & asked me for my name which I responded to that all is in my documents removed by Const.Crawford.
47. Sergeant left & came back with 2 of them & told them to remove handcuffs of me & they did not obey his command but took him outside for talk & when they came back they pushed me outside still with handcuffs open the back of the car & tried to push me back in.
48. I objected & asked where I was being taken they refused to say at first forcefully trying to put me in & I fought not to get in as I knew that I would not survive inside again as I was dizzy & sore everywhere with hands so painful that I would pass out from pain if handcuffs not removed.
49. They told me that they going to take me to the train station & I stated that I go myself.
50. Then they asked where I lived said Hampton Park & I was terrified that they intended to keep me in handcuffs & locked all the way from Oakleigh to Hampton Park & from their vicious aggression & considered possibility that I further be harmed upon arrival to their chosen destination.
51. As Sergeant Crocken (spelling may not be correct) was watching I was objecting to being push inside the back of that car & it went for some time.
52. The 2 were unreasonably vicious & man looked frilled [sic] & satisfied looking at my battered body at the end.
53. Sergeant Crocken then told them to let me go & remove handcuffs & on my leaving I received a treat that if they hear about me again I will be locked up indicative of a long time but no reason provided for such threat of imprisonment for a long time.
54. Once I left their Police Station I was dizzy, my hands were swollen & bleeding, I had headache & I noticed weakness in my both hands then that my left hand was numb like a wood, my back was hurting & I had pain around kidney area.
55. I had to go to the Emergency Department as being a nurse I knew that I had nerve compression supplying my left hand & had a chest pain & with my cervical & other areas discs protrusion my life was endangered.
56. I called 000 & asked to be connected to OPI after hours Sen. Sergeant Francis with whom I spoken few months before when I was assaulted by Endeavour Hills police officers’ asked him to made report to OPI & he wanted to organise me only talk with a local police member.
57. Sen.Sergeant Francis was verbally provide by me with a rather detailed history of police violence since 6 May 2004 & multiple assault & corruption of local police officers & serious threats to my personal safety & to the best of my understanding he must be held accountable as to what he had done with those information & whether he took actions he was obligated to do.
58. To time of this declaration I continue to suffer from nerve compression to the top of my left hand with possibility of a permanent damage to that nerve.
59. Speaking from my direct experience with Victoria Police since 6 May 2004 & demonstrable evidence on MRI images of a life threatening injuries they cause me on 6 May 2004 & continue to cause this resembles exactly Hitler Nazis SS group & there is evidence existing in the public domain & media that people’s life are being taken for trivial reasons mostly failure to submit to sadism & abuse & for a pervert sadistic satisfaction.
60. Such Police Force reflects that Government is Fascist & that crimes against humanity taking place in Australia & that International Criminal Court must trial Australian Fascists.[5]
[5]Statutory declaration of Stanislawa Bahonko made 11 October 2010.
Insofar as Ms Bahonko seeks to restrain the Attorney-General from continuing the present proceeding her application must be refused.
(1) I am satisfied from the affidavit of Stephen Joseph Lee sworn 8 September 2010 that there is a triable basis for the Attorney-General’s proceeding.
(2) The proceeding is being brought in the public interest, namely in significant part to constrain the demands upon Court and other public resources imposed by proceedings instituted by Ms Bahonko.
(3) Ms Bahonko’s affidavit material does not provide a basis for disputing the greater part of the history set out in Mr Lee’s affidavit.
(4) I do not accept Ms Bahonko’s perceived grievances concerning the presence of security officers during hearings or other matters relating to the conduct of hearings in this Court are to be accepted as establishing miscarriages of justice or ongoing threats of violence. Nor do I accept that even if officers of the Court had acted improperly on occasion in the past that would be a proper basis for shutting the Attorney-General out of a trial of this proceeding.
(5) At the trial of the proceeding Ms Bahonko will be given the opportunity to address any relevant matter.
(6) At the trial of the proceeding the Court will be zealous to ensure Ms Bahonko is not subjected to any unlawful violence or threat of violence.
(7) It would be a grave thing to shut the Attorney-General out of Court without a full hearing and this step has not been justified.
Insofar as the further relief sought in the amended summons is concerned, that should also be refused.
(1) First, if relief of the type sought by Ms Bahonko is to be pursued, it must be by way of separate proceedings in proper form. Ms Bahonko appears in fact to have sought the issue of a separate proceeding, but it is not surprising that her amended summons was issued in this proceeding, given the first relief sought and the inadequacies of the summons.
(2) Any such proceeding must be instituted by writ in proper form containing a statement of claim setting out the allegations of fact upon which it is based.
(3) I do not accept Ms Bahonko’s affidavit material justifies the relief sought by her. It alleges overarching conspiracies by reference to allegations of such seriousness they could not readily be accepted as proven by mere assertion on an interlocutory basis.
(4) There is no satisfactory evidence that the Attorney-General or other ministers of the Government from time to time have given inappropriate directions to officers of their government departments as Ms Bahonko alleges.
(5) There is no satisfactory evidence that threats of assault, torture or abuse have been made to Ms Bahonko by the Attorney-General, officers of the courts, or health professionals, as Ms Bahonko alleges.
(6) I accept there may be triable issues as to whether Ms Bahonko has been fairly treated during particular incidents in supermarkets, when seeking to use public transport and at police stations. Nevertheless, these issues would not justify injunctive relief of the type and breadth she seeks.
(7) It is contrary to the public interest that Ms Bahonko or any other member of the public be granted a general exemption from any supervision or restraint by the Victoria Police or hospital security staff.
(8) I am not persuaded that there is any current threat to the health or safety of Ms Bahonko from any of those persons she seeks to restrain.
(9) It follows, the balance of convenience does not favour the injunctions sought even if I am wrong as to the ambit of the triable issues which she raises.
Accordingly, the amended summons will be dismissed. I further propose to fix this matter for trial in order to seek to bring it to finality and to minimise the distress which Ms Bahonko says the proceedings cause her.
I will order:
(a) the proceeding be fixed for trial on 6 June 2011;
(b) no further application be instituted in this proceeding by either party until 18 February 2011;
(c) the liberty to apply reserved by order 4 of Associate Justice Mukhtar on 27 October 2010 be exercisable after 18 February 2011 on 14 days written notice;
(d) the appeal from the orders of Associate Justice Mukhtar made on 27 October 2010 be adjourned to 4 March 2011 in the Practice Court.
The purpose of the second direction I have made is to ensure that all affidavit material relating to the issues for trial between the parties is before the Court, before further interlocutory questions are considered.
The purpose of the third direction is to ensure that proper consideration is given to the institution and conduct of further interlocutory applications by the parties.
The purpose of the fourth direction is to postpone the hearing of the appeal from Associate Justice Mukhtar until the affidavit material upon which each side relies for the purpose of trial is before the Court.
Since the hearing before me, Ms Bahonko has lodged further documentation regarding the change of government at the Victorian State elections and seeking procedural orders “in chamber”. Nothing in that material causes me to change my views as to the appropriateness of my preceding conclusions and the directions I have formulated.
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