COMPLAINT – SWORN
SUMMONS of a Commonwealth Public Officer
THE COMPLAINT and SWORN AFFIDAVIT by Mr. John George Aster of 4 Barney Street, Arana Hills in the State of Queensland
made this 6th day of December, 2011,
before the undersigned, a Justice of the Peace for the said State, and sworn in the presence of at Brisbane the following complaints were raised and sworn to be the truth:
THE PARTIES:
MR. JOHN GEORGE ASTER ( JA ) ( Father of Fiona Heather Aster ( FA )
VS
FEDERAL MAGISTRATE DEMACK ( FMD )
Any charges should be considered deemed as “separate charges” (emphasis accented) to any or all accountability by jurisprudence. All charges are included in this indictment in a single filing to respect the judicial economy of the Commonwealth, Australia’s States, Territories and the Crown.
- Note: All alleged offences happened between the years 2006 to 2011which Federal Magistrate was a party to knowing of and the failing to act as a Magistrate and administer law when seeking remedy by justice.
- Complaint: Magistrate Demack of the Federal Magistrates Court denied the issue of final orders in the Federal Magistrates Court for a period of longer than 12 months, whereby this constitutes Obstruction of Justice, and holds hostage this family under premise of bail, where no crime has been committed, Constituting Criminal Coercion.
Charge 1: Unwarranted demands of a Commonwealth public official Criminal Code Act 1995 (Cth) Div 139.1
Charge 2: Abuse of public office
Code Act 1995 (Cth) Div 142.2(1)(a)(i)(ii)(iii)
Complaint:Federal Magistrate Demack (FMD ) due to only Federal Police involvement has now decided to issue Judgement at 9:15am on 18th November 2011 stating that Her Honour Reserved Judgement which John Aster will prove at trial there was no such court order and that John Aster had 14 days to raise an outline of submissions prior to Federal Magistrate Demack issuing orders. (Initial Filing 18th January 2008 – Family Magistrates Court, Final Orders reserved by FMD on the 9th of September, 2010 without Court order or written document advising that fact.
Federal Agent Kym Dwyer with whom John Aster and his Power of Attorney Mark Andrew Winter has been visiting and communicating almost weekly since September 2011regarding the crimes and of the serious harm and with the Psychologist of John Aster is seeing for treatment of Severe Complex Post-traumatic Stress Disorder.
Then on 21st November 2011 provided unsigned Court orders not under common seal of the Magistrate which within the courtroom on the 18th November 2011 did have a representative who was known to be my Power of Attorney (Mr. Mark Andrew Winter) and upon delivering orders did not read out the court order as written and provided to John Aster.
Then on the 23rd November 2011, did receive a Court order and document with common seal on three (3) of four (4) pages, pages without signature finishing at paragraph 22.
NO order was provided other than giving John Aster direction to raise an outline of submissions.
John Aster had past experience in having tried to appeal after the trial of the 27th-29th January 2010. It will be proven via recordings and other sources that FMD and the registrar were outside of their ability and that the appearance of criminal collusion exists. 28 days of waiting for court orders passed and according to the recordings of the Registrar John Aster could not appeal any previous court order after 28 days had lapsed, once again, keeping in mind that no such order existed that was requested by the registrar and the Registrar was fully aware of the situation, this action by itself constitutes Obstruction of Justice within the practice of government whereby Justice is made impossible by the Actions of Demack and the Registrar, as John Aster tried to do an appeal within time.
John Aster was not able to appeal due to the conspiracy and collusion of the head registrar and FMD ignoring that fact and refusing to write 3 separate documents being court orders for each day John Aster was appealing the orders, therefore the registrar would not accept the appeal when it was in time.
Once the registrar did accept it he said “it was too late” and denied the appeal. (John Aster has him recorded).
FMD did not provide transcripts until the 27th day of the 28 day process thereby hindering and insuring that John Aster did not have adequate time to appeal or deny the order or sufficiently examine the transcripts to adequately prepare for appeal.
When the registrar heard this, his response was “SO WHAT!” which John Aster also has recorded.
John Aster is in fear of not having the right to live a normal life of a father having liberty and freedom because of the actions and words of every person in “authority” that has been involved in this conspiracy from its inception.
FMD has ignored and misinterpreted the laws of this country repeatedly and continues to do so.
FMD’s lack of following the Law is nothing more that criminal in nature.
FMD has denied appeal contrary to law.
Charge 3: Abuse of public office
Code Act 1995 (Cth) Div 142.2(1)(a)(i)(ii)(iii)
Charge 4: Conspiracy
Code Act 1995 (Cth) Div 11.5 (1)
Charge 5: Conspiracy to defeat justice
Code Act 1995 (Cth) Div 42
EVIDENCE
Examples of John Aster’s severe trauma and threats include:
- ALLEGATION: Federal Magistrate Demack ( FMD ), by failing to recuse herself, and having full knowledge about that which John Aster stated, and gave reasons that he believed, was patent and apprehended bias and manifested bias throughout the proceeding which began in 2009.
- Complaint: Federal Magistrate Demack still refused to recuse herself from the proceedings even though John Aster had arrested Federal Magistrate Demack for Fraud, Treason, and Perverting the course of Justice and did so under grave duress. (per minas).
FMD failed to report that she had been arrested which is supported by the children’s lawyer Mr. Mike Emerson of Emerson Lawyers along with John Aster on a recording made and maintained by John Aster.
FMD stated that transcripts will be provided in order to preserve justice which include the evidence of arrest, but nothing has been provided to date.
Every judicial official in the courtroom of FMD has ignored the arrest of FDM therefore each and every official is also guilty of aiding and abetting, which is considered to be collusion and perversion of justice and conspiracy, et al…
FMD ordered John Aster that the recordings of Emerson and all copies be surrendered to FMD, thereby attempting to destroy evidence of wrongdoings which constitutes Criminal Coercion and Racketeering by FMD.
The children’s barrister within the final hearing had participated in criminal coercion and organised crime by asking FMD to surrender all copies of the recordings of Mr. Mike Emerson and Dr. John Chalk to the Court thereby implying that the FMD could make orders regarding the child having any access to John Aster.
Charge 6: Attempting to pervert the course of justice
Crimes Act 1914; Div 43
Charge 7: Treason
Criminal Code Act 1995 (Cth) Div 80.1
Charge 8: Conspiracy
Code Act 1995 (Cth) Div 11.5 (1)
Charge 9: Abuse of public office
Code Act 1995 (Cth) Div 142.2(1)(a)(i)(ii)(iii)
Charge 10: Criminal Associations and Organisations
Code Act 1995 (Cth) Div 390
- Complaint:Federal Magistrate Demack (FMD) had stated on the second day of the first Final Hearing that unless we finished the proceedings within 3 days and yelling at my Lawyer Harold James Johnson , that she will be ordering my unsupervised contact days to be removed having not heard or presented any reason other the Dr. Chalks admission on tape stating words to the effect that it was due to Federal Magistrate Demack being “pissed off with my lawyer”.
FMD ignore Eun Kyung Hwang’s response to John Asters question “have I done anything wrong towards you or our daughter throughout the whole proceedings?”
The answer was a very convincing and consistent “NO!!!!!” for which FMD was observed to be distressed based upon the consistent answers of Eun Kyung Hwang. This is not altered but is available on recordings of Ozscripts Pty Ltd who John Aster had not contracted with nor being informed of their prices nor quotes were that it was not the Federal Magistrates Court who maintains these recordings.
( Most families of Australia cannot afford $5 per 100 words spoken to be typed nor are we allowed to record what is happening to protect ourselves against crime in a family court room ).
Charge 11:Criminal Associations and Organizations
Code Act 1995 (Cth) Div 390
- Complaint: Federal Magistrate Demack (FMD) having knowledge of evidence that Eun Kyung Huang did ask a previous subcontractor and friend to Eun Kyung Hwang and John Aster to make a false declaration to imply John Aster had harmed his child.
This person namely Mr. Daniel Parker issued an affidavit stating the requests from Eun Kyung Huang and this was ignored by all judicial officers and FMD without objection or motion to quash by EK and stated that it would be removed from the body of evidence.
Daniel Parker was neither a friend when he opened up in opposition to us and at the same time there was over $100,000 of stock which went missing out of the factory. (He would have been the last person she would have gone to for a character witness if she wanted to be fair and truthful. Queensland Police have his name on file within a Townsville Investigation (2006).)
Federal Magistrate Demack ( FMD ) was well aware of my business and over a period of 4 years could have had any person employed giving her a statement.
There are no less than 10 (ten) supporting affidavits from multiple credible sources that have been removed from record by FMD which were not disputed by Eun Kyung Hwang nor challenged by EK since the inception of this action.
FMD was also furnished proofs that the only claim of harm of EK produced full explanation of harm toward her was false and impossible to have happened and is supported by telephonic records. Evidence which was refused at the end of the trial to be surrendered as all other judicial officers had that privilege.
The QLD police namely Mr. Senior Detective Sergeant David Farley, of the Children’s Protection Police of the West Side Division, the officer in charge has received proofs of these claims and also is concerned of the flight risk of EK.
Senior Detective Sergeant David Farley being informed and made knowledgeable of the flight possibilities of EK specifically stated that he needs proof of the signing of affidavit and presentation of criminal complaint against FMD as they relate to this case.
There has never been a case where state police have had to act in such a way (to Senior Detective Sergeant Senior Detective Sergeant David Farley’s knowledge) to investigate a family law matter for the determination that the FMC behaviours is that of a criminal nature.
Mr. Senior Detective Sergeant David Farley also has evidence of FMD’s behaviours and not signing and sealing court orders as well as incorrect information within court orders.
The evidence itself supports the claims of John Aster.
Mr. Senior Detective Sergeant David Farley has a copy of the letter from the Chief Federal Magistrate refusing to assist with remedy.
FMD was aware of the common law Matthew Chapter 18 vers 15 – 18. John Aster brought into the court more than Five (5) times Gods will for the people to prove there was no wrong done. Gods law being common law is law of the court.
John Aster brought a minimum of 10 witnesses via affidavit refuting the claims of Eun Kyung Hwang.
Federal Magistrate Demack (FMD) denied listening to truth and now Mr. Senior Detective Sergeant David Farley has approx Fifty five (55) counts of Eun Kyung Hwang making false declarations which has raised a file reference and stated to John Aster that he will carry out that investigation.
Preventions could have been raised by Judical officers to stop Eun’s first lawyer Lucette May Collett, assisting with making false declarations which was ignored by Federal Magistrate Demack.
Federal Magistrate Demack has denied John Aster the rights which God commanded of the people.
Charge 17: Conspiracy
Code Act 1995 (Cth) Div 11.5 (1)
Charge 18: Attempting to pervert the course of justice
Crimes Act 1914; Div 43
Charge 19: Treason
Criminal Code Act 1995 (Cth) Div 80.1
Charge 20: Conspiracy to defeat justice
Code Act 1995 (Cth) Div 42
- Complaint: FMD would not allow witnesses to enter the court room and Eun Kyung Hwang had had 5 accidents a few were serious and also lied stating on Affidavit that and on oath when questioned about turning into a blind corner and a double lines and rolling the car 5 times. The Queensland Police will be able to verify this. The accident occurred in 2007 and John Aster was denied to even have Eun Kyung Hwang do an driving course as travelling the long distances of up to 544km that John Aster and his daughter were travelling was excessive and dangerous. Eun Kyung Hwang lived 8 km away from John Asterso it was both excessive and dangerous due to the mothers driving record. Each time John Aster tried to protect his daughter and it was denied by Federal Magistrate Demack and including doing drop offs and Eun Kyung Hwang ignoring the court order so that further allegations could be made due to no witnesses and the refusal by the Mothers Lawyer to change the venue even when the Notary Public and friend to both of us stated it was dangerous. All lawyers, FMD, and Dr Chalk ignored that John Aster was getting more and more concerned why they would not change the venue. The accidents were getting more serious, there was a large scrap down one side of Eun Kyung Hwangs care which was seen by a party namely Glenys Head 1243 Mt Gravatt-Capalaba Rd Burbank who was doing the change over of my Daughter and the person entering court was very concerned as he nearly had a head on collision with Eun Kyung Hwang and ended up on the footpath to escape the accident and a Double loader truck travelling 80km per hour nearly collided with the car of Eun Kyung Hwang’s car. John Aster was getting more and more stressed and harmed that not only were the courts allowing more false allegations but ensuring that if John Aster did not give up seeing his daughter that John Aster would be putting his daughter in danger. John Aster persisted to try meeting a Mc Donalds at Chermside where cameras are everywhere and located 10 mins driving from each of us. Separate sentences, 2 police stations and a police beat located close by, and John Aster would not have to in the middle of summer be driving in at peak hour long distances for no just cause. John Aster was scared of the false allegations. John Aster was scared of harm. John Aster was witnessing the harm as he had no air conditioner while travelling during peak hour traffic and travelling home was too long and the whole situation to protect the mother to allow further fraud on the court was allowed by all parties. FMD ignored the harm it was causing John Aster’s daughter. FMD had no into on detecting any harm being caused by Eun Kyung Hwang and did ignore Family Law Act 1975 – Sect 60CA “Childs best interests paramount consideration in making a parenting order”. All FMD had concern with and Dr Chalk that John Aster was getting more and more stressed when getting more time with my Daughter. John Aster did not want to put my daughter at risk and refusing to listen. The first Children’s Lawyer Sarah Cleeland when receiving 155 approx counts of serious harm and malpractice had denied sending to provide Dr Chalk with the harm caused by the Children’s Lawyer and Mothers lawyer overseeing the harm caused by Eun Kyung Hwang. On the day of court,the children’s lawyers affidavit was handed to JohnAster but John Aster not a party to the secret discussions so that John Aster could not refute or giving explanations to documents. This Affidavit was sent to Dr Chalk omitting evidence of a document with 155 issues John Aster had concern were illegal having no understand of statute law. John Aster believed that both the mother’s lawyer and the children’s lawyer were in panic when submitting the document and Dr. Chalk was only there to administer protection against the Judiciary. This was explained on Affidavit by John Aster as to what evidence was removed from being put onto court record and not sent to Dr Chalk. It was clear that FMD wanted to ensure harm and did not want to know of evidence. The second children’s lawyer Mike Emerson illegally subpoenaed Glenys Head. FMD ignored the allegation of John Aster and refused to review the subpoena request nor report Mike Emerson nor caution. Mike Emerson illegally subpoena was for my witness who had come so most times to court and was not allowed to be heard. The subpoena was issued 2 days prior to court and Glenys Head did seek her own legal advice to find out if it was illegally written. John Aster was not able to cross examine or call as a witness and nor did Mike Emerson call her as witness for the full duration of the first hearing. John Aster states Mike Emerson was smiling at him when refusing to allow John Aster to call Glenys Head as John Aster’s witness.
- Federal Magistrate Demack refused to allow legal terms to be used in a court room and refusing to understand law by stating words such as “we live in Australia we don’t speak Latin.” (or words very similar to this John Aster does not have the transcripts and can not rely on them only the voice recording).
Charge 21: Abuse of public office