The Missing Chapter by Bob Raftopoulos

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Can Do Fraud

The Missing Chapter

The companion piece to: Can Do – The story of Campbell Newman by Gavin King

 

With the advent of the book titled Can Do – The story of Campbell Newman by Gavin King I am of the view that the period of 2007 – 2011 while Can Do was Lord Mayor, has not been covered in its entirety and it was in this period that progressively led to his ‘forced’ resignation, it should have also resulted in his arrest.

Background leading up to my engagement with Newman

In November 2006, my architect lodged plans for a substantial and completely compliant under-development for 4 townhouses in the inner city suburb of Highgate Hill. The Townhouse development was an identical copy of a development undertaken by my architect for another developer and in another suburb that Council had approved 2 years earlier.

In December 2006, the response from the Brisbane City Council in the form of a ‘Information Request’, trashed every aspect of my development application and in fact the very first item of the information request set the application to fail, with a demand that I had to acquire 3 strips of land from adjoining property owners to extend the width of a Council lane adjoining my development property and of providing a written undertaking to maintain the lane infrastructure.

Legislation in the Integrated Planning Act 1997 states that:

3.5.32 Conditions that cannot be imposed

(1) A condition must not—

(i) a monetary payment for the establishment,

operating and maintenance costs of the

infrastructure;

The development application approval process should have been processed in less than 4 months and yet the Council Planner who imposed these illegal conditions in the information request would not rescind them. These conditions breached the Queensland Criminal Code, Chapter 13, S87 (1) (a) which states in part, ‘… a public officer cannot obtain a benefit for himself, herself or any other person’.

After 6 months of what was an ‘abuse of office’ and ‘unconscionable conduct’ of the BCC town planner, I lodged a complaint to the CMC alleging the Council Planner was sabotaging my development, only to be tut tutted away for having the effrontery for lodging a complaint.

Further complaints were made to the Deputy Mayor and finally after 10 months, in August 2007, the development application was approved, joy turned to rage when it was discovered that condition 26 buried in the engineering section of the development approval was the catalyst that sabotaged the development.

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Burned by Council

 

 

 

 

 

 

 

Condition 26 in layman’s terms required me to demolish and reconstruct structurally certified retaining walls on other people’s property that had absolutely no connection to my development. First of all, a public officer cannot obtain a benefit for other people, it’s a criminal offence. If I tried to comply with this condition I would have had to ask permission of these property owners to enter their property to construct the retaining walls and in doing so I would have been complicit in a crime organized by the BCC.

There was also condition 19, headed as Prioritized Pedestrian Pathway. The only problem with this term is that it doesn’t exist in the Brisbane Town Plan nor can it be found in any legislation therefore it has absolutely No Standing especially in a Court of Law!

This Prioritized Pedestrian Pathway can only be described as an easement providing access for the residents in the proposed 3 townhouses to be constructed at the rear of my house and it was to be located alongside the bedrooms of my house creating a safety and security risk. Again, Council did not have the jurisdiction to impose this condition, if they did, they would have called it an ‘Easement’. It also breaches the criminal code as the townhouse residents would have gained a benefit from this Prioritized Pedestrian Pathway.

Complaints were sent by email to Mayor Newman and Councillor Hinchcliffe who was in charge of Planning and was met with a deafening silence and in December 2007 Council went into caretaker mode for the March 2008 Council elections.

December 2007, I telephoned Mr Farrah from the CMC and after a heated conversation I was told to take my complaint to the cops and I went to the West End police station and the Sergeant on duty declared that a criminal offence was indeed committed by the Council town planner and sent my complaint to his supervisor. After 2 weeks of silence I went back to the West End Police station, saw the same Sergeant and asked him of the progress of my complaint and then he went and phoned his supervisor.

The sergeant must have been on the phone to his supervisor for at least 10 minutes and when he emerged he looked ashen and agitated and in an aggressive stance and tone told me to leave the station, I wasn’t going to argue with an oversized burly cop who had been roughed up by his supervisor and left the station.

January 2008, undeterred to what was starting to become a police cover up, I sent written complaints to my local State member Premier Anna Bligh, the police Minister Judy Spence, the Police Commissioner, the Queensland Ombudsman and the CMC.

The Newman Engagement

In March 2008, Newman won the Council election and 2 weeks after the election Newman sends me a letter saying that there will be a review of my Development Approval and a Mr Rory Kelly was going to conduct the review and was provided with Mr Kelly’s phone number.

Telephone contact was made with Mr Kelly and I asked that Council recall the development approval and issue a new one without the illegal offending conditions. There was no other way of dealing with these conditions. A Development Approval once issued is sealed and cannot be re-opened to make changes unless there is written consent from Council and the Developer.

Mr Kelly advised me the ‘intent’ of Condition 26 was to provide a dilapidation survey of the retaining walls and he had spoken to my engineer to produce said certificate to which I replied if you are going to change the meaning you have to record the change in the legal document, the Development Approval and I also advised him that Building Certifiers do not certify or accept dilapidation certificates for any structures, it’s not what they do, they certify structurally sound buildings.

After a few days of toing and froing with Mr Kelly I told him I had spoken to my Building Certifier who advised me that by law he was compelled to follow the conditions set out in the Development Approval and he wasn’t going to approve a Dilapidation certificate.

I also advised Mr Kelly that if a dilapidation certificate was issued for Condition 26 and if no changes were recorded in the Development Approval, the Dilapidation Certificate was a fraudulent certificate and to get legal advice before he put anything in writing.

I emailed Newman and advised him that the only way to resolve this matter was to recall and re-issue a new Development Approval without the offending conditions and that my Building Certifier would not approve a Dilapidation Certificate and what Mr Kelly was doing in approaching my engineer to craft a Dilapidation Certificate appears to have a criminal intent.

I also called my engineer and advised him that I’m not authorizing a Dilapidation Certificate and that he should consider his professional standing in regard to what was being proposed by Mr Kelly, a fraudulent certificate.

At the end of April 2008, I received a 2 page report signed by Newman. Everything I warned them about, Newman put it in writing and criminally incriminated himself.

My request for a new development approval was ignored and in this letter Newman goes on to say that ‘Our engineer approached your engineer and advised him that the ‘intent’ of the condition was for a dilapidation survey of the retaining walls ….’And went on to give instructions on what was to be included in the Dilapidation Certificate.

Soon after I received the Newman’s letter, I received the Dilapidation Certificate from my engineer mirroring Council’s instructions in the certificate.

So the scenario Council set would have been that I would trot off to the building certifier with Newman’s letter and the Dilapidation Certificate and try to ‘pass off’ the Dilapidation Certificate as a Structural Certificate, the requirement for Condition 26, and Newman’s Lord Mayoral letter would carry it through. As a beak would say ‘.., using the full weight of the Lord Mayoral Office’ to deceive.

Newman’s letter was worthless but criminally incriminating in written detail how Council conspired with my engineer to produce a fraudulent document to cover up a breach of the criminal act.

However, I did trot up to the building certifier with Newman’s letter and the Dilapidation Certificate and with a JP in tow. The building certifier was asked to view the documents and on perusal he rejected Newman’s instructed Dilapidation Certificate and Newman’s letter on the basis that it simply did not comply with Condition 26 in the Development Approval and that Newman’s letter and the Council instructed dilapidation certificate had no currency. The building Certifiers written rejection was sworn in the presence of a JP to become an Affidavit.

Time for a recap

  1. There are 2 written conditions in my development approval that is in breach of the Queensland Criminal Code.
  2. The Queensland Police along with the CMC have covered up the criminal breaches.
  3. Newman attempts to cover up the criminal breaches with a fraudulent Dilapidation Certificate.
  4. Building Certifier rejects Council’s instructed Dilapidation Certificate which was signed off by Newman.
  5. My Development Approval that had a project value of $5M was now completely sabotaged by Newman.
  6. My Development Approval/Certificate can now also be classed as a False Certificate, also being a criminal offence.

A fair question is why when considering the cops were protecting council planners that Newman felt it necessary to resort to be criminally involved in a cover up? And he can add another crime of the issuance of a false engineering certificate to the cover up.

In an earlier paragraph, I stated that I sent written complaints to persons mentioned and a week after I received Newman’s letter, I received replies from Police Minister Judy Spence, The Queensland Ombudsman and the CMC, and undoubtedly they were waiting for Newman to conclude his Review before releasing their replies.

Although the letters came a couple days scattered apart, they had the same impact as a coordinated missile attack with the same message that my complaints are now an establishment cover up.

Police Minister Spence mentions in her reply to me that the Cops advised her that my evidence held no substance to lodge a complaint (yet, Newman thought that the evidence should be covered up) and that I should seek a Formal Review with the Lord Mayor and I took that as a wink, wink, Newman will fix it.

The Queensland Ombudsman’s reply mirrored Newman’s cover up letter when they should have kicked Council’s arse for Mal Administration of dealing with erroneous conditions and the CMC produced 2 pages of twaddle. And all of them avoided addressing Condition 19 which had no legal standing and was a criminal offence. And the reason why they couldn’t address it is because they couldn’t produce any spin on something that doesn’t exist.

It is reasonable to assume that the parties above knew of Newman’s review and were expecting him to fix up the matter, but what they didn’t expect and were probably astounded if not aghast was that Newman would attempt to fix up the matter with fraud.

And it all started over again but this time I was making complaints against Newman for covering up planners crimes and signing off on instructions for a false certificate. And these complaints were ignored by the Cops, the CMC and Newman’s political opponents.

The 2004 Council election produced a Liberal Campbell Newman as Lord Mayor and a Labor David Hinchcliffe as Deputy Mayor, the Libs and Labor were conjointly running the ‘joint’, obviously corruptly, with Labor’s Deputy Mayor Hinchcliffe in charge of Council Planning. So there was the problem, a planning scandal would have engulfed Labor and Liberal and the political knives were not only sheathed they were securely locked up.

Newman was untouchable and more so for Brisbane City Council planners where they can brazenly breach the criminal code at will.

I kept my enemies (Newman, the Cops, the CMC, the Bligh Govt, the entire establishment) close, by emailing them on a weekly basis with unflattering stories and Photoshop images and in fact I probably started the first Photoshop war against the establishment and always there was some idiot who responded to my emails of which I dissected the bureaucratic bullshit spin and threw it back at them with interest. I was at this time abreast with planning legislation and the criminal law.

In 2009 I kept up the emails, the house had to be sold to pay down debt and the Missus filed for divorce and kept company with the Black Dog, Unipolar, who is much worse than Bipolar. It was also in this period I engaged the BCC CEO Jude Munro to have the Development Approval withdrawn and that a new one to be issued.

Ms Munro’s reply to my email stated in part ‘… the merits of the impositions can no longer be considered by Council as the legal process has already been completed and Council cannot now legally re-open that process.’

Oooops!

Ms Munro dropped Newman in the proverbial criminal bucket of poo as Newman’s letter to me contained 2 pages of illegally changing 4 conditions.

This said Munro’s letter was doctored in an Affidavit presented to the P&E court in 2011 in an attempt to extricate Newman from illegally changing conditions and it’s in the court transcript, Council’s solicitor was caught red handed but the judge accepted Council’s excuse of being a first draft which defies logic why Munro thought it would be (unintentionally) wise to incriminate Newman. There is a link to the court story at the end of this story.

For the whole of 2010 I took to protesting outside the Council Administration Building in George St, with what were highly defamatory posters of Newman. Initially I was protesting 3 times a week in the lunch hours and then cut it down to once a week.

Can Do Newman wasn’t the only pollie in my posters, and my local rep Premier Bligh also featured with a blind eye.

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One of the lunch time protest posters

As I mentioned earlier about keeping my enemies close, I would disclose by email the posters that I would use and the day and time I would be using them to protest.

All sorts of business people visit the Council Admin building as well as lawyers and Judges walking past as the Admin building is situated on the opposite corner of the law courts and although I attracted laughter from the lunch hour crowd, Newman showed his appreciation by initially having a cop move me on but my return visits necessitated the deployment of Council’s Rapid Response Group.

I was initially issued with a $500 fine under the advertising by laws for the poster above was deemed as an advertisement. Of course I refused to pay and Council refused to collect the fine.

Then came the numerous Council Move On Notices, again issued under the advertising by laws and which carried a $5,000 fine.

 

When the Move On notices didn’t have any effect, 3 police officers came and stood close to me where I was protesting, legally I might add, and it was intimidating and not a good look for onlookers

I asked one of the cops of their intentions and was told, they were waiting for a Council Officer to come out with a Move On Notice and then they were going to move me out of the city.

Well, the cops waited and waited and waited for over 40 minutes and then decided to call Council, a Council security officer came out clueless about a Move On Notice and so the cops left with the knowledge that they were conned by Council to come and intimidate me but not before I got their names and photo.

That evening my email heading to the whole establishment screamed in Capital letters ‘COPS CONNED’ with the photo and the names of the cops who were conned. There would have been a lot of angst generated against Newman from the Premier down and I don’t think the Senior Cops would have been that happy about it either.

The issuing of the $500 fine, the issuance of the Move On Notices and the Council instructed police intimidation breaches Chapter 10 of the Queensland Criminal Code – Interfering of political liberty.

Newman has now added 2 more crimes to his list. You can’t con the cops for starters and you can’t go around intimidating ‘legal’ political protesters.

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Serg. Van Boxell, Serg. Schodell, Sen Const. Plessey in the background is the bench seat where I quietly and passively sat and my protest posters shouting CAN DO FRAUD next to the seat.

 

Time for another recap

  1. There are 2 written conditions in my development approval that is in breach of the Queensland Criminal Code.
  2. The Queensland Police along with other government bodies and politicians have covered up the criminal breaches.
  3. Newman attempts to cover up the criminal breaches with a fraudulent Dilapidation Certificate.
  4. Building Certifier rejects Council’s instructed Dilapidation Certificate which was signed off by Newman.
  5. My Development Approval that had a project value of $5M was now completely sabotaged by Newman.
  6. My Development Approval/Certificate can now also be classed as a False Certificate, also being a criminal offence as it has been sabotaged with criminal conditions.
  7. Newman illegally changes conditions another criminal offence.
  8. Newman is in breach of the criminal code of Interfering with my political liberty. Another criminal offence.
  9. Newman lures cops under False Pretences, another criminal offence.

It is worth noting that CEO Jude Munro resigned not long after she received a hefty $70K pay rise. Ouch! She was taken out of my firing range as had the 2 planners involved in my Development Approval except these planners were moved sideways, actually one was promoted sideways. Munro’s role in the cover up and if convicted would serve a min. 7 year jail term.

And so it came to pass a couple of months after the COPS CONNED drama, it was obviously the last straw as someone assessed Newman, a man who could readily accumulate criminal offences with ease just to get rid of lil’ old me was not worth the risk of taking everyone in the establishment down with him. And just like Jude Munro before him he was forced to resign to get him out of my firing range.

And that folks is the real reason Can Do fraud resigned! He was liberated from his job as Mayor, all because of lil’ old me to then be promoted above his station as Premier and who went on create an incredible amount of angst on the Queensland electorate. I had to share the pain around!

In 2011, I stopped my protesting after the cop’s incident and started litigation against Council and I had a deep reservation that the cover up would extend to the courts and my fears were well founded on my second outing in the P&E court. In a “mediation” conference with Council, court registrar John Taylor bullied and threatened me to withdraw my claim of $2.2M + interest against Council. And I did duly make a complaint to the Chief Justice.

Judge Chesterman in his Court of Appeal summary transcript conceded that Mr Taylor might have overstepped the (criminal) mark; however it was of no consequence because he was rejecting my appeal. Judge Chesterman just brushed away a serious criminal offence to protect the judiciary and the establishment.

Judge Chesterman also conceded that to construct retaining walls on other peoples property was illegal, however, he argued against the requirement for construction against expert sworn advice from a Building Certifier and said only a structural certificate was required and he didn’t read all of the condition which stated said retaining walls were to be constructed prior to obtaining building approval. Also a structural certificate is issued after the construction of retaining walls. Doh!

This fool Judge Chesterman tripped over himself trying to cover up Condition 26, construction of the walls cost around $30K, cost of certificate cost around $5-$10K, the quantum is of no consequence, a benefit is still being obtained for people that had absolutely nothing to do with my development.

The questions that need to be answered are, ‘Who instructed court registrar John Taylor to stand over me? and who nobbled the judges Griffin, Chesterman, Lyons, Muir and Gummow?

If one is inclined, the story of the court dramas featuring dodgy judges all the way up to the High Court in full cover up mode, a stand over man court registrar, and a Council perjurer can be found here https://bobrafto.wordpress.com/2014/07/31/campbell-newman-the-corruption-of-brisbane-judges/

It’s where Newman belongs.

It’s where Newman belongs.

 

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