At the boat ramp I was approached by a man who told me his daughter was admitted to a mental ward and three years later had a baby all the time being in the care of the hospital.
Then some minutes ago I was told of an elderly patient being raped in a nursing home. The way these institutions do business has to change. The denial has to stop and whistle blowers have to come forward.
I will personally blow the whistle here. These emails were the result of a magistrate abusing his powers to bully and incarcerate a member of the public. The result is these emails. What chances does one have if one were unable to defend ones self against these bullies if one is medicated sorry drugged to the hilt as was the case here. I also wonder if the Mr Thompson is related to the federal politician of the same name?
I refer to our recent telephone discussion concerning the complaint you made to the Commission about former Magistrate Thompson of the Local Court.
As I explained during our conversation, the Judicial Commission, in accordance with the provisions of the Judicial Officers Act, can examine complaints about the ability or behaviour of a judicial officer (a judge or magistrate). However before it can commence an examination of a complaint it must have the complaint in proper form, that is, the complaint must be in writing and the particulars of the complaint must be verified by a statutory declaration.
As you are aware, the original complaint form you lodged with the Commission was not in proper form because your signature was not witnessed by a Justice of the Peace. You were requested to re-submit the form properly executed, which you did. When the Commission received your complaint it commenced its preliminary examination, which included confirming that the person complained about held office as a judicial officer. The Commission was advised that Mr. Thompson had retired as a magistrate.
The Judicial Officers Act requires that if a person ceases to hold office as a judicial officer the Commission must cease dealing with the complaint. This is what happened in relation to your matter. You were advised accordingly of this action.
Although I understand that in the circumstances you may wish that something further could be done about your concerns the legislation requires the Commission to cease dealing with the matter and there is nothing further it can do to assist you.
Judicial Commission of NSW
Dear Mr Schmatt,
I will copy correspondence of before:-
As a result of your high position you are required to treat people with dignity and respect especially when these people are the ones paying your wages through our taxation system.
Although Mr Thompson was acting in a judicial capacity, he also needs to remain accountable to the people who placed him in this position.
The initial complaint was lodged on the 30th May 2008. This was 30 days before Mr Thompson's retirement. I then per your wishes re-declared the complaint via statutory declaration on the 19th June at Gundagai. Mr Thompson did not retire for 30 days before the initial complaint was lodged. The complaint was then re lodged in an unchanged format leaving 11 days where an investigation could have continued from the earlier pre-investigation stage on the 30th May 2008.
I'm not entirely sure of the retirement procedures of the judiciary, but I can imagine, that many people know well in advance of such events taking place. As a result of this there would be a requirement on your part to act without delay from the initial complaint.
Essentially, Mr Thompson was a magistrate at the time of the complaint. The response that I initially received from your office was one of apathy and nonchalance. If this is sincerely 'all that you can do', then maybe we need to launch some law reform to add some accountability to those in the judiciary and those that monitor those in the judiciary.
I have dealt with people like you before and they can get away with outright lies in the district court in Wollongong and the local court also in Wollongong. They use their power to control people and intimidate, they get away with what they like,and are unaccountable for there actions and are the first to complain when it doesn't go their way. If you cant stand the heat get out of the job or do what you are there to do..investigate and inform me of weather i was right or wrong which you did not do.
Dear Mr. Strik,
Your interpretation of what I said in my letter of 1 July 2008 is incorrect.
What I said in that letter was that as Mr. Thompson is no longer a
judicial officer, in his case a magistrate, the Commission has no
power under the Judicial Officers Act to investigate your complaint.
If he had remained a judicial officer the complaint would have been
examined, but as he is not the Commission has simply no authority to
do anything about your concerns.
dear Mr E.J.Schmatt
So what you are saying is anyone who is coming up to retirement or who
is retired will not be held accountable for there actions
i will take note of this when i get caught by a speeding camera or the
police in the future or any other thing I might be held accountable
thank you very much for your assistance
So Mr Thompson decision to hold my son against his will is therefore
unlawful as iI think my son might be retiring as well.
please note if I do not get a reasonable reply or a written appology
from Mr Thompson I will take this further
Thank you for your letter concerning magistrate Thompson.
I just received a letter from the judicial commission of New South Wales
I will quote it here ...
"Dear Mr Strik,
I refer to your complaint you lodged with the commission in relation
to his Honour Magistrate Thompson of the Local Court.
Following receipt of your complaint form the commission received
advice that Magistrate Thompson had retired as a magistrate, effective
from 30 June,2008.As such he ceased to be a judicial officer under the
Judicial Officers Act 1986.
As magistrate Mr Thompson is no longer a judicial officer the
commission has no power to investigate your complaint and in those
circumstances I am unable to assist you in this matter.
As this is the best they can do I would like to ask for the cases
that Mr Thompson sat on to be reviewed as I don't think justice has
ps sorry something happened stewart