Ms (redacted)
Magistrate (redacted) Local Court
17th December 2020
Dear Magistrate (redacted)
re John Smith
Further to my letter to you of 20th Nov.
Ms SS tells me that (redacted) court will not provide her with access to transcripts of court proceedings, on the grounds that she has shared them with me and that I have quoted from them in my letter to the Minister, Gareth Ward, and Secretary, Mr Coutts- Trotter on 10th Dec. If this is true, questions arise:
(1) Has Ms SS broken any law in providing me with a copy of court transcripts? If so, which law?
(2) Have I broken any law in quoting from these transcripts in letters to the Minister and Secretary? If so, which law?
(3) If I have broken any law in publishing extracts from these transcripts, in redacted form, on my blog, please let me know what law. I will comply with any legal directions given to me.
(4) Given that Ms SS needs the transcripts for legal reasons, would it not be possible to provide her with them on the understanding that she does not show them to me?
Let me remind you of the following facts, of which you cannot fail to be aware of by now:
- On the morning of 16th November, a little before 9am, I sent an email to Dr Ainsworth, Robert Mc Lachlan and half a dozen FACS employees, making a very specific reference to Sally's presence in court that morning. (see email below) Was it required or not? My email included the following:
Sally was provided with (redacted) FACS' voluminous affidavit to the court less than three days before today's hearing.
- Sally has been too emotionally distressed to read through the report over the weekend and respond to the points made in it.
- Sally has not been informed whether or not she is expected to attend court today. She presumes, rightly or wrongly, that the answer is 'no', given that she, as a grieving mother, has been erased by FACS.
Both JK and NS knew, several hours before court proceedings commenced on 16th Nov, that Sally did not know if her presence in court was required. Neither made any effort to make contact with Sally.
- The day beforehand, 15th Nov, Sally was informed by Dr Ainsworth that the 16th Nov hearing was to be adjourned until 2nd December.
Consequently, Sally had no reason to believe her presence in court was required. She had an appointment to meet her son at (redacted) Library at 3 pm and did not have her mobile phone switched on whilst in transit to the library by public transport.
- Dr Ainsworth, Robert Mc Lachlan, along with JK and NS, knew that Sally was living in my house and could have, had they chosen to do so, called me and requested that I get a message to Sally, which I would have been able to do.
I will leave it to you to decide, Magistrate (redacted), if this behaviour on the part of Dr Ainsworth, Robert Mc Lachlan , JK and NS resulted from incompetence, or if none of them really wanted Sally in court, presenting affidavits to you in response to inaccuracies in FACS' own 13th Nov affidavit.
- The FACS affidavit was presented to the court on 13th Nov. Sally was sent a copy of it on 15th Nov, leaving her no time to read it, absorb it and talk it through with her Guardian.
Do you, as a Magistrate, make a habit of allowing a case to proceed when the Defence has had no time to read and respond to affidavits?
- Prior to 16th Nov, Dr Ainsworth had not once spoken to Ms SS. He was, however, well aware of her desire to hand up to yourself affidavits relating to her mental health. He chose not to do so, having had no consultation with his client and despite her clear instructions.
Is this the kind of lack of legal professionalism you tolerate in your court?
- Mark Whelan lied to you in court (see letter of 10th Nov to Minister Gareth Ward and Secretary Coutts-Trotter)). Are you accustomed to having lawyers lie to you in court? And allowing them to do so with impunity?
The court transcript I have been informed I am not allowed to quote from includes the following words of yours:
Magistrate (redacted) : There is in this Court’s view little doubt that with proper engagement with her mental health issues by the mother, contextualised into decision making that adequately prioritises and recognises John’s needs, Ms SS could be a very good parent. She clearly loves John and he her. He displays a significant level of insight and concern for his mother’s mental health issues....John’s views have been considered and taken into account, noting that he is aware of his mother’s psychological issues, is very concerned about her and wishes to reside with her and to provide care for her.
There are two aspects of this declaration of yours worthy of comment:
(1) You have now been provided with several documents relating to Ms SS's mental health that contradict Ms (redacted) clinical report. You must ask yourself, "Why did FACS not allow these documents to be passed up to me? Why were the only documents presented to me of 16th Nov. ones that created the impression that Ms SS was, in late 2020, mentally ill and not merely depressed?"
Is it legally responsible of you, Ms (redacted), to make final orders in this matter when you know, beyond a shadow of a doubt, that FACS and Dr Ainsworth have deliberately withheld from the court documents pertinent to the question of Sally's mental health?
(2) Working on the presumption that Ms SS suffers from a mental illness (a fact about which there is considerable disagreement) is it your legal opinion, your personal position as regards parenting, that a son who loves his mother and wishes to care for her, is to be denied the opportunity, for the next six years, as a result of his mother's illness? This is the third decade of the 21st C, (redacted), not the 19th Century. John should be commended for his empathy, his compassion, his love and not be punished for having these admirable human qualities.
A gross miscarriage of natural justice is taking place in your court. A day will come when you are held both morally and legally responsible for your decision. (redacted)
The same legal and moral day of reckoning applies to all within FACS who have been complicit in the complete removal of his mother from John's life.
yours sincerely
James Ricketson
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