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Day 1 of the trial: 3 August 2009

38 On the first day of the trial, a number of preliminary issues were discussed, including an application by counsel for the State , Mr Ihle, to set aside three subpoenas that Mr Slaveski had filed addressed to the former Chief Commissioner of Police and two other senior police officers who are not parties to the proceeding. When this application was made, Mr Slaveski became agitated and argumentative. I explained that he was required to be respectful. This is reflected on pages 25 to 27 and 30 to 31 of the transcript, relevant parts of which are set out below:

HIS HONOUR: ... At the moment what I'm seeking your agreement to is that the time for them to attend court, pursuant to the subpoena, is put off until - - -

MR SLAVESKI: That's OK.

HIS HONOUR: - - - we can have a discussion about whether - - -

MR SLAVESKI: Yes, that's fine.

HIS HONOUR: - - - the subpoenas are proper. If I find that they are proper, then we can decide what date they should attend.

MR SLAVESKI: That's OK.

HIS HONOUR: If I decide they're not proper, then they won't have to attend. But at the moment - - -

MR SLAVESKI: Then I probably have to make an urgent application Your Honour, with all due respect, on top of you - - -

HIS HONOUR: Well - - -

MR SLAVESKI: - - - no, but just a minute Your Honour, you - - -

HIS HONOUR: Let's not - - -

MR SLAVESKI: - - - no, because Your Honour, I have three

HIS HONOUR: Just - - -

MR SLAVESKI: - - - so this cowboys - - -

HIS HONOUR: Mr Slaveski?

MR SLAVESKI: - - - are coming into my property, they're bashing me up - - -

HIS HONOUR: Mr Slaveski?

MR SLAVESKI: - - - they are liable to come here and answer to you.

HIS HONOUR: Mr Slaveski? Mr Slaveski, let's just calm down please?

MR SLAVESKI: So - yes, this is her signature here.

HIS HONOUR: Mr Slaveski, now there are some very basic rules - - -

MR SLAVESKI: Yes, of course.

HIS HONOUR: - - - we need to all comply with in this court.

MR SLAVESKI: But Your Honour, with all due - which they can all hide behind these people.

HIS HONOUR: Just one second. Just one second.

MR SLAVESKI: Sorry, yes.

HIS HONOUR: There's really one rule and that rule is this, that everyone respects everyone else's role.

MR SLAVESKI: Yes.

HIS HONOUR: Also, that when someone speaks, everyone else listens.

MR SLAVESKI: I apologise for that Your Honour.

HIS HONOUR: And when I speak, no one else speaks.

MR SLAVESKI: I apologise greatly, Your Honour.

HIS HONOUR: So when you start speaking and I ask you to stop - - -

MR SLAVESKI: OK.

HIS HONOUR: - - - no matter how important you think what you're about to say is, you stop.

MR SLAVESKI: OK.

HIS HONOUR: And you listen to me. Now all I'm asking is for the issue of whether these subpoenas are appropriate, to be debated not today but another day - soon. It will be this week sometime.

...

HIS HONOUR: This proceeding is going to be conducted subject to those very basic rules that I mentioned.

MR SLAVESKI: Yes.

HIS HONOUR: So when I interrupt you, you must stop and listen to me.

MR SLAVESKI: I will certainly do that, Your Honour.

HIS HONOUR: And I can guarantee that this hearing [will] be conducted fairly.

MR SLAVESKI: That is all I ask for, 50/50, Your Honour.

HIS HONOUR: Yes, you will get a fair hearing.

MR SLAVESKI: Thank you.

HIS HONOUR: But it's not just a fair hearing to you. It's a fair hearing to everybody.

MR SLAVESKI: Yes.

HIS HONOUR: Because that's what court proceedings are all about.

MR SLAVESKI: I certainly agree with that.

HIS HONOUR: So everyone will have a chance to present their case, and I'll certainly listen. I have a completely open mind, and so things will work out much smoother and proceed more efficiently if we follow those basic rules.

MR SLAVESKI: I agree with you, Your Honour.

HIS HONOUR: And if ever you, for medical or other reasons, need a break, all you have to do is say so and we will organise that.

MR SLAVESKI: I much appreciate it. Thank you, Your Honour. And if I went that way, I apologise.

HIS HONOUR: That's fine, Mr Slaveski. I'm not easily offended.

Day 5 of the trial: 11 August 2009

39 On 11 August 2009, Mr Slaveski became quarrelsome when re-examining Mr Tancevski in relation to the events at the Melbourne Magistrates’ Court on 31 August 2007. Mr Tancevski had attended the Melbourne Magistrates’ Court on that day as a potential witness but was not called by Mr Slaveski’s lawyers. Mr Slaveski was critical of his lawyers’ conduct of his case, particularly in relation to their forensic management of video footage taken from a security camera at the Children’s Court on 13 July 2006 – being the date of the ninth incident – which Mr Slaveski believes was tampered with by the police. Mr Slaveski’s inappropriate behaviour is reflected on pages 586 to 597 of the transcript, relevant parts of which are set out below:

[Mr SLAVESKI:] OK. Do you remember Paul Smith, the detective going like this and like this and threats to kill Glenn Parker with a newspaper, do you remember this?---Yes, this paper.

You know this paper?---This paper.

Just a minute, sorry, Mr Char. Did I have papers like this or have the big paper?---Big paper.

Big paper. Can you tell the judge which paper I had and tell these gentlemen here please. This paper?---Yes.

So I didn't have this paper did I?

HIS HONOUR: Sorry, Mr Slaveski. Please do not shout.

MR SLAVESKI: So I didn't have this paper did I?---No.

HIS HONOUR: Mr Slaveski?

MR SLAVESKI: OK.

HIS HONOUR: Please do not shout. We can all hear you.

MR SLAVESKI: Good, thank you sir. Now do you remember coming for four days, Mr Tancevski?---Four or five days.

Four or five days you come. Do you remember one day I say - sorry, Your Honour, I say to the barrister "Listen you dog, you are selling me to the police" and me arguing outside and I chucked the video off the floor?---Yes.

I said "Tell this to the judge" do you remember that?---Yes I remember.

You swear to God?---I swear to God.

...

MR SLAVESKI: That video footage was edited - edited Your Honour.

...

HIS HONOUR: ... What I'm going to ask you is this. You are the one who investigated whether the video was - - -

MR SLAVESKI: That's correct.

HIS HONOUR: - - - tampered with.

MR SLAVESKI: Tampered with.

HIS HONOUR: And you will give evidence about the tampering, is that correct?

MR SLAVESKI: Well I will be doing that when Snezana comes in. She saw some of the video footage.

HIS HONOUR: Yes.

MR SLAVESKI: And that - that's the reason of this monitor and all of that - -

HIS HONOUR: I appreciate that, and certainly you will be able to do that later, what you've asked this witness and what this witness has confirmed is that he was present when you were discussing these issues with your lawyers.

MR SLAVESKI: That's it.

HIS HONOUR: And you were complaining about - - -

MR SLAVESKI: To play the video footage.

HIS HONOUR: Because you wanted them to and they decided not to.

MR SLAVESKI: And then my witnesses - my witness came, Daren Scott, they didn't call him as a witness.

HIS HONOUR: And they - - -

MR SLAVESKI: Mr Dimitrija Tancevski came for four days, he was kept outside for four days.

HIS HONOUR: And they didn't call him?

MR SLAVESKI: Will call him - he was never called.

HIS HONOUR: I understand that.

MR SLAVESKI: So, this is what I'm saying to Your Honour. And then, that magistrate was favouring the police and after it was far too late to play the video footage and to produce this.

HIS HONOUR: All right. But you - - -

MR SLAVESKI: It was never played.

HIS HONOUR: But you will play it here.

MR SLAVESKI: I will play it here.

HIS HONOUR: All right.

MR SLAVESKI: That's the reason that we are here.

HIS HONOUR: I understand that.

MR SLAVESKI: But I don't like Mr Gipp torturing the stand that he didn't come to give evidence and all of that crap. It's not fair, Your Honour.

HIS HONOUR: Well, Mr Slaveski, just take it one step at a time. What Mr Gipp asked the witness was did he give evidence.

MR SLAVESKI: It's the way he said it, Your Honour. He was waiting – he could have phrased it – he was coming – the old man, for four days.

HIS HONOUR: But Mr Slaveski, Mr Gipp is entitled to ask the question and this witness is obliged to answer and if he doesn't understand it, to ask for an explanation. So, where we've got to is that you have obtained from Mr Tancevski, evidence that although he was called – although he attended the court and was ready to give [evidence], he was not called - - -

MR SLAVESKI: He was not called by my legal team.

HIS HONOUR: - - - and that's something – and you're not happy with that.

MR SLAVESKI: Because I was set up to gain custody.

HIS HONOUR: All right.

MR SLAVESKI: Because I was a witness against a corrupted copper threats to kill me – the newspaper.

HIS HONOUR: I understand that.

MR SLAVESKI: That's my – that's what Mr Tancevski is virtually saying if you understand his picture, Your Honour.

HIS HONOUR: Yes.

MR SLAVESKI: That is all he's saying.

HIS HONOUR: All right. Now, have you finished with the witness?

MR SLAVESKI: No, I just – Mr Tancevski – just one more thing, Your Honour.

HIS HONOUR: Sure.

MR SLAVESKI: Did I tell the barrister, Richard Edney, Your Honour – his name was Richard Edney. A dog that sold me to the police and I'm not for sale for any millions of dollars anymore. Do you remember me arguing with him and telling him, "Did you get interpreter for Mr Tancevski?" Did the interpreter come?---No.

No. So, there was no interpreter for you and you were a very valuable witness?---I'm a bit upset, this time.

HIS HONOUR: Yes.

MR SLAVESKI: So, there was no interpreter for you?---Call me today to tell me, I call you tomorrow.

So, he said, "I'll call you tomorrow"?---(Indistinct) call me tomorrow.

HIS HONOUR: But you were never called as a - - -?---No, no called. I everyday come and - - -

All right. I understand what - - -

MR SLAVESKI: So, that's - - - -

HIS HONOUR: I understand.

MR SLAVESKI: - - - - that's - I kept on telling him outside, "Where's the interpreter?" "He's going to come later, tomorrow." It was all a set up – a plan, Your Honour.

HIS HONOUR: Mr Slaveski, I understand - - -

MR SLAVESKI: That's my - - -

HIS HONOUR: - - - your - - -

MR SLAVESKI: Because Mr Gipp was not there, therefore he should – he should be cautious with the - - -

HIS HONOUR: Well, this is how the system works, Mr Slaveski.

MR SLAVESKI: Well, I will torture his witnesses on the stand as well. Don't you worry.

HIS HONOUR: Well, you can ask questions but - - -

MR SLAVESKI: Yes, my heart will pump. Don't worry.

HIS HONOUR: You see, Mr Slaveski, Mr Gipp asked him, "Were you called?" And he said, "I went there but I was not called as a witness." And you asked him why and he's now explained that so, that's perfectly fine. He's given an explanation because your - - -

MR SLAVESKI: These people, Your Honour – people with evidence.

HIS HONOUR: Yes, I understand - - -

MR SLAVESKI: They – they - -

HIS HONOUR: We'll get to - - -

MR SLAVESKI: Look at the – 13 Your Honour, I'm sorry. I've got to say this please. Thirteen – 13 July 2006 and I get arrested after seven months. I took them seven months to make a movie out of me so they can tamper – eight minutes movie they did.

HIS HONOUR: Yes.

MR SLAVESKI: And that will show – that will be shown.

HIS HONOUR: Well, I'm looking forward to seeing it.

MR SLAVESKI: Yes. And you know what? I will take it step by step - - -

HIS HONOUR: Of course.

MR SLAVESKI: - - - a second by second - - -

HIS HONOUR: You're entitled - - -

MR SLAVESKI: - - - a minute by minute.

HIS HONOUR: All right, Mr Slaveski.

MR SLAVESKI: I need this.

HIS HONOUR: All right. Sit down please.

MR SLAVESKI: Thank you, sir.

HIS HONOUR: Now, I was just going to explain to you and you really need to let me finish - - -

MR SLAVESKI: Yes, Your Honour. I'm sorry.

HIS HONOUR: - - - because you have your go - - -

MR SLAVESKI: Of course.

HIS HONOUR: - - - and then I have my go - - -

MR SLAVESKI: Of course.

HIS HONOUR: - - - and then we move on.

MR SLAVESKI: Yes.

HIS HONOUR: Now, you need to remain calm because we will get through the case more efficiently if you do.

MR SLAVESKI: I don't like corruption, Your Honour.

HIS HONOUR: Neither do I. Sit down please.

MR SLAVESKI: Well, Your Honour, he should not ask questions - - -

HIS HONOUR: Mr Slaveski - - -

MR SLAVESKI: - - - like that. It's ridiculous. It's stupidity.

HIS HONOUR: Mr Slaveski, sit down please.

MR SLAVESKI: Thank you.

HIS HONOUR: Now, I'm just going to explain to you – this again, because I don't want this happening with other witnesses. All right. It's very important that you listen. Mr Gipp or Mr Ihle is entitled to ask the witness questions. All right. Now, if the witness doesn't understand, they'll say so. If the witness gives an incomplete answer, you can ask for clarification. And what you did now was – apart from you getting a little bit excited, was perfectly all right because Mr Gipp asked a question, "Were you called to give evidence?" He said that, "I went there but they never called me." And you explained that the reason for that was because your lawyers didn't call him and that's fine. That's exactly - - -

MR SLAVESKI: Because they were told by the police not to be called, Your Honour.

HIS HONOUR: Well - - -

MR SLAVESKI: That's why I sacked these barristers.

HIS HONOUR: I understand that you say that it's a set up.

MR SLAVESKI: Of course it was a set up.

HIS HONOUR: Yes. Have you finished with the witness now?

MR SLAVESKI: I certainly did and I'm sorry, Mr Tancevski and I apologise to the court but not to the other party.

HIS HONOUR: Well, let's move on.

MR SLAVESKI: I'm sorry, Your Honour.

...

MR SLAVESKI: ... I would like – with all due respect, Your Honour, that particular video footage, if that has been edited, I would like superior people, professional people to examine that.

HIS HONOUR: Well, that's up to you, Mr Slaveski.

MR SLAVESKI: Well, it certainly is up to me because we are sick of this corruption. You know, I already have - Daren Scott from Channel 9 came four times and the cops adjourned the case and now he's saying, "I'm sick of this matter adjournment - all this garbage, I'm not coming." But we sent the subpoena again.

HIS HONOUR: Yes, I saw that.

MR SLAVESKI: Yes so, you know, these people when they come they have to give the evidence. They should not be played with.

HIS HONOUR: Yes. All right. Well - - -

MR SLAVESKI: Thank you, Your Honour. I apologise again to the court.

HIS HONOUR: Yes. Now, we're finished with Mr Tancevski and we've thanked him for his evidence. Mrs Slaveska, are you ready to resume your evidence.

MR SLAVESKI: I think I need a bit of a break, Your Honour.

HIS HONOUR: You need a break?

MR SLAVESKI: Yes, I am just on fire.

HIS HONOUR: You're – all right. Well, it's now - - -

MR SLAVESKI: These people don't play with me. Thirty-five, 40 years being in the recording industry playing with evidence, you corrupted cops. I must walk out from the court from Your Honour.

HIS HONOUR: All right. Well, we might adjourn until tomorrow, Mr Slaveski.

MR SLAVESKI: No, it's all right, Your Honour.

HIS HONOUR: Well, we need to - - -

MR SLAVESKI: Like, I am sick of these people. I've got a quarter of a million dollar recording studio there and these stupid police officers are going to tamper with evidence, making movies out of me. Threats to kill a police officer with a newspaper. You people should be embarrassed of yourselves.

HIS HONOUR: All right. We're going to adjourn until - - -

MR SLAVESKI: I apologise to you only, Your Honour, I do.

HIS HONOUR: - - - tomorrow at 10.30.
 
Day 12 of the trial: 25 August 2009

40 On 25 August 2009, there was discussion about how Mr Slaveski would prove his allegation that his businesses lost income as a result of the police defendants’ conduct. Mr Slaveski asked Mrs Slaveska to read a letter from an accountant and after she did so, he sought to tender it. Mr Gipp objected to the tender and the letter was marked for identification. Mr Slaveski then sought to produce to the Court various bank deposit books and other primary books of account, rather than tax returns, profit and loss statements or balance sheets for particular years.

41 When I sought to explain the normal way in which loss of income was proved and the importance of independent records, such as bank statements, Mr Slaveski became discourteous. This is reflected on pages 1235 to 1237 of the transcript, relevant parts of which are set out below:

MR SLAVESKI: So, what I'd like you to do, Your Honour, is I would like you to physically see these documents please.

HIS HONOUR: Mr Slaveski, I won't do that because the bank statements, as Mr Gipp has said, will provide a running total for all of these amounts so, rather than looking at lots of books, what Mr Gipp has asked for - -

MR SLAVESKI: I'm not interested in what Mr Gipp said.

HIS HONOUR: Well, I'm agreeing with what Mr Gipp has said, that's why I'm explaining - - -

MR SLAVESKI: You do.

HIS HONOUR: - - - it to you. That's right.

MR SLAVESKI: What if I say I don't want your explanation and I don't accept your explanation, Your Honour, with all due respect.

HIS HONOUR: Well, Mr Slaveski, the way these court proceedings work - - -

MR SLAVESKI: Yes.

HIS HONOUR: - - - is that one party makes submissions, the other party makes submissions - - -

MR SLAVESKI: So, you don't acknowledge, Your Honour - - -

HIS HONOUR: Mr Slaveski, do not interrupt me please.

MR SLAVESKI: Of course.

HIS HONOUR: Wait until I finish.

MR SLAVESKI: Of course. See Snezana. What did I say to you today?

HIS HONOUR: The way – please do not interrupt me, Mr Slaveski. The way it works is that one party makes submissions, the other party makes submissions and the judge decides and that's what a judge is for. The judge decides.

MR SLAVESKI: So, you don't accept to see a stamp from the bank?

HIS HONOUR: Mr Slaveski, Mr Gipp has submitted that it would assist all the parties, including me, to have the bank statements.

MR SLAVESKI: All right.

HIS HONOUR: You say you have the bank statements.

MR SLAVESKI: Yes.

HIS HONOUR: Therefore please produce them.

MR SLAVESKI: All right. Then I will certainly produce them, Your Honour. I would like you to just see one deposit of notes. There's $10,000 note here. Can Your Honour see this please?

HIS HONOUR: Mr Slaveski, I can accept that if it's just - - -

MR SLAVESKI: But I would like you to see it. It's different when you see it, Your Honour, please. It's $10,000 cash money.

HIS HONOUR: Mr Slaveski, if that amount will - - -

MR SLAVESKI: Yes.

HIS HONOUR: - - - appear in the bank statement. Now, I have ruled that for this matter to proceed to the next step, you are to produce the bank statements.

MR SLAVESKI: Your Honour, obviously you are not taking this as evidence. Are you going to mark them something or what?

HIS HONOUR: I'm happy to mark these documents as – for identification.

MR SLAVESKI: Of course, identification or corruption?

HIS HONOUR: What do you say, Mr Slaveski?

MR SLAVESKI: That they are corrupted, Your Honour?

HIS HONOUR: Well, Mr Slaveski - - -

MR SLAVESKI: The police is corrupted.

HIS HONOUR: That is not helpful for you to be making statements like that.

MR SLAVESKI: Of course. All right. What's the identification number, Your Honour? Let's proceed, please.

HIS HONOUR: Thank you.

42 Later on 25 August 2009, there was a discussion about Mr Slaveski’s request that the Chief Commissioner of Police be required to produce all Law Enforcement Assistance Program (‘LEAP’) records relating to the police defendants. The Court was informed that in the case of a member of the public, LEAP records are easily accessible because they involve limited categories, such as when a person is a defendant in criminal proceedings, is suspected of having committed a criminal offence or is a respondent to an intervention order. The Court was also informed that, in the case of police officers, there are thousands of LEAP records because they include routine entries made by them in carrying out their duties. As a result of this information, I ruled that the Chief Commissioner need not include routine entries in the LEAP records that were to be produced in relation to the police defendants.

43 Mr Slaveski was not happy with my ruling. Mrs Slaveska submitted on his behalf that, as the police defendants had obtained on subpoena all LEAP records relating to Mr Slaveski, he should be given all LEAP records relating to the police defendants. When I refused to alter my ruling, Mr Slaveski became hostile and, while purporting to speak to Mrs Slaveska privately at the Bar table, he made disparaging comments about me, including that my views were ‘criminal’. He also made a veiled threat to end the hearing. This is reflected on pages 1263 to 1265 of the transcript, relevant parts of which are set out below:.

MR SLAVESKI: Excuse me Your Honour, can I have a moment with Snezana?

HIS HONOUR: Of course. Do you want me to adjourn for five minutes?

MR SLAVESKI: No, no, that's OK. That's OK. We'll finalise it today. Today we'll know whether it goes forward, this case, or it doesn't Your Honour.

HIS HONOUR: Sure Mr Slaveski.

MR SLAVESKI: OK, so I'm prepared for that.

HIS HONOUR: Mr Slaveski, I think, you're entitled to have privacy in your discussions with [Mrs Slaveska], you're either making submissions yourself that I hear, or you are discussing the matter with Mrs Slaveska.

MR SLAVESKI: With Slaveska, Snezana Your Honour so - - -

MS SLAVESKA: Your Honour, it's the same thing. As I said before, it's like -

MR SLAVESKI: He's got [a] different view now, I can see. Criminal, his views are criminal.

MS SLAVESKA: Mr Slaveski's concern is that, Your Honour, you've read all this damaging material - - -

HIS HONOUR: Well, Mrs Slaveski, Mrs Slaveska, I beg your pardon, may I correct you on something? I have read nothing. I can tell you now that I have read the ... writ, the statement of claim, the subpoenas that I've had to make rulings on, anything that I've had to make a ruling on. I have in front of me Mr Slaveski's LEAP records. I have not read them. I can assure you. ... So if Mr Slaveski's concern is that I have read his LEAP records and that my mind has been poisoned against him, the only thing I know about Mr Slaveski's record is what you or he has told me. I can assure you of that. These documents are not evidence until they are placed in evidence, as I explained before.

44 Later still on 25 August 2009, Mr Slaveski re-agitated the issue of the LEAP records and intimated that he might ask me to disqualify myself and possibly walk out of the hearing the following week. This is reflected on pages 1279 to 1283 of the transcript, relevant parts of which are set out below:

MR SLAVESKI: So I'll put towards the court, Your Honour, that everybody's on notice, we the, and for today, Your Honour, I get, I am not in a position to continue, I don't feel the best. And for the other reason is that I can see I don't blame anybody but the defendants themselves, they're just poisoning everybody, their minds, and it's just not fair. And with all due respect, Your Honour, I do recall what Magistrate Popovich said, "Mr Slaveski, I am not going to read this. I shouldn't have read it", so I'm sorry but - - -

HIS HONOUR: I'm one step behind her, Mr Slaveski, because I have not read the material.

MR SLAVESKI: I don't know whether you do, whether you have or you haven't, I don't know that, Your Honour.

HIS HONOUR: Mr Slaveski, I have told you I have not read the material - - -

MR SLAVESKI: Well, Your Honour –

HIS HONOUR: That means that I have not read the material.

MR SLAVESKI: Yes, so, Your Honour, I would like the LEAP record, as I said to Snezana from that criminal record until their documents are produced in the same format as mine, and, Your Honour, I don't believe that you've been fair because you said to the State , "Give me 100 pages and give me how many pages are on the computer printout?" And Mr Ihle never told you how many pages.

HIS HONOUR: Yes, but he's going to tell me on Monday.

MR SLAVESKI: Of course he will, Your Honour. Christmas is coming as well, Your Honour, of course. But you know, we have to hit the nail on the head, that's why it's a Supreme Court, let's do the job right. So, unfortunately, Your Honour, now, I am putting the court on notice, I want all the way justice or I would like to ask you to disqualify yourself.

HIS HONOUR: You're asking me to disqualify myself?

MR SLAVESKI: No, Your Honour, if there is no justice as of next week, Your Honour. So I would like to put everybody on notice that the police and the State has poisoned your brain, your mind, with all due respect, with the LEAP record and that I carry a gun, that I am a drug dealer, that I am whatever I am to them, but I reverse those words, that they are the ones carrying guns and killing people. I don't do that, Your Honour. I am a businessman, I am a respectable gentleman and as you saw, $1.65 million was deposited into my account and Your Honour didn't take that into consideration, but it's there, it's on the record. So it's better we all possibly start fresh next week, or Your Honour, you know what the laws are more than anybody.

HIS HONOUR: Well Mr Slaveski, I will - - -

MR SLAVESKI: I will get Snezana now.

HIS HONOUR: I will repeat for your benefit - - -

MR SLAVESKI: Yes.

HIS HONOUR: - that I have not read the LEAP records that have been produced about you, that my mind has not been poisoned. What I said before was that that was your concern - - -

MR SLAVESKI: Yes.

HIS HONOUR: - but my position is very different from the Magistrate, because I have not read the LEAP records, and there is no basis for me to disqualify myself based on anything in the LEAP records. The only information I have about your history, as shown in the LEAP records, is what has been said in open court.

MR SLAVESKI: Are you saying, Your Honour, that you didn't read my criminal record? You saw it, but you shouldn't have read it, Your Honour.

HIS HONOUR: No, no. I saw - - -

MR SLAVESKI: But you've seen and the one that I ripped it out and you were holding it.

HIS HONOUR: No, Mr Slaveski - - -

MR SLAVESKI: So you've got a view of me being a criminal, Your Honour.

HIS HONOUR: No, Mr Slaveski, let me just repeat it so that you can understand it. Everything that is filed pursuant to subpoena goes in the court file. As the judge running this case - - -

MR SLAVESKI: Of course.

HIS HONOUR: - my staff and I have the court file. I physically see that there's a subpoena been produced, and attached to it are LEAP records relating to you. I have not read that material.

MR SLAVESKI: Your Honour, when I read that criminal record of mine that they created. I'm not a criminal, they created.

HIS HONOUR: Well, it's a record that's been produced by LEAP as a result of - - -

MR SLAVESKI: By who? By who, Your Honour?

HIS HONOUR: By the State . By the police in response - - -

MR SLAVESKI: By Victoria Police – Police Victoria. Victoria Police, Your Honour, has an ABN number. They are just a security company. That's all they are.

HIS HONOUR: The Victoria Police is a state government agency, Mr Slaveski.

MR SLAVESKI: Well, then it's their problem but I've got my state and my – I've got my God gifted human rights and I've got my rights that overrules your rights, Your Honour, and the State 's rights. It overrules the whole laws of the universe which is my human rights.

HIS HONOUR: Mr Slaveski - - -

MR SLAVESKI: And those human rights, Your Honour, if we're going to continue this way, they have been neglected. They have not been upholded by you by accepting those corrupted files by Victoria Police and I allege that are corrupted because they started giving you corrupted documents to you, Your Honour, as well. They've been giving us corrupted documents for the past nine years. That is the reason that we are here today. They either give you the lot or nothing and I'm prepared for that. At least we go that way. Your Honour, he knows what his position is.

HIS HONOUR: Well - - -

MR SLAVESKI: I'll sit down now, please?

Day 13 of the trial: 31 August 2009

45 The next hearing date after 25 August 2009 was 31 August 2009. At the commencement of the hearing on that day, I made a statement to Mr Slaveski explaining his options were he to decide to walk out of the hearing simply because he was not happy with one of my rulings. I also discussed an inappropriate comment that Mr Slaveski had made to my associate over the telephone on 27 August 2009 to the effect that he knew that I was under pressure from the police and the State because this was a big case. My statement and the discussion are set out at pages 1292 to 1300 of the transcript, and are extracted below:

HIS HONOUR: Following on from last Tuesday, I'm going to make a statement for your benefit. It explains some things which you may or may not be aware of but in case you're not aware of them, it's important for you to listen and - - -

MR SLAVESKI: Thank you, Your Honour.

HIS HONOUR: - - - and Mrs Slaveska if you can listen carefully as well. I'll just go through the statement. If you can defer any questions until after I finish that would be better.

MR SLAVESKI: What's defer, Your Honour?

HIS HONOUR: Wait until I finish.

MR SLAVESKI: Sorry, sir. Sorry, Your Honour.

HIS HONOUR: So, rather than interrupting and asking a question - - -

MR SLAVESKI: Yes.

HIS HONOUR: - - - I will read fairly slowly so that the transcript is accurate and if you have any questions after we finish today, you can always come back and ask any questions after you've had a chance to read the transcript.

MR SLAVESKI: Thank you.

HIS HONOUR: On Tuesday 25 August, Mr Slaveski, you indicated during the discussion in court that you may consider walking out of the hearing if you do not like my decision about production of the 2nd to 20th defendants' full LEAP records. I wish to explain your choices and the consequences of those choices. You have four choices.

Your first choice is to continue conducting your case fully as you have been doing to date. If you do this, you must, like every party in every proceeding, comply with rulings that the judge makes including about subpoenas even though you do not like them. A party who does not like a ruling cannot simply walk out and start again with another judge. You do not have that choice. The normal procedure is that the hearing continues and the judge makes a final decision called the judgment at the end of the case. The normal rule in Australia is that the party that loses is ordered to pay the legal costs of the party that wins. If the defendants lose, it is likely they will be ordered to pay your legal costs. If you lose, it is likely you will be ordered to pay the defendants' legal costs. The party that loses can appeal to the Court of Appeal against the judgment. In such an appeal, a party can complain about the end result and in addition to the end result, they can complain about any ruling made during the trial including any order for payment of costs.

However, a party cannot interrupt a hearing to appeal against rulings made during the trial. The hearing must continue until the judge delivers the judgment. It is only then that the judgment, including any rulings made during the trial that affect the judgment, can be appealed to the Court of Appeal. So, that is your first choice.

Your second choice is to discontinue the proceeding under Rule 25.02 of the Supreme Court Rules. If you wish to do that, you will need either permission from me or the consent of all the defendants. If you seek my permission, that permission may be granted on certain conditions. For example, it is normal to require that the plaintiff pay the defendants' legal costs up to the date the proceeding is discontinued. Rule 63.15 provides for payment of legal costs.
 
Day 12 of the trial: 25 August 2009

40 On 25 August 2009, there was discussion about how Mr Slaveski would prove his allegation that his businesses lost income as a result of the police defendants’ conduct. Mr Slaveski asked Mrs Slaveska to read a letter from an accountant and after she did so, he sought to tender it. Mr Gipp objected to the tender and the letter was marked for identification. Mr Slaveski then sought to produce to the Court various bank deposit books and other primary books of account, rather than tax returns, profit and loss statements or balance sheets for particular years.

41 When I sought to explain the normal way in which loss of income was proved and the importance of independent records, such as bank statements, Mr Slaveski became discourteous. This is reflected on pages 1235 to 1237 of the transcript, relevant parts of which are set out below:

MR SLAVESKI: So, what I'd like you to do, Your Honour, is I would like you to physically see these documents please.

HIS HONOUR: Mr Slaveski, I won't do that because the bank statements, as Mr Gipp has said, will provide a running total for all of these amounts so, rather than looking at lots of books, what Mr Gipp has asked for - -

MR SLAVESKI: I'm not interested in what Mr Gipp said.

HIS HONOUR: Well, I'm agreeing with what Mr Gipp has said, that's why I'm explaining - - -

MR SLAVESKI: You do.

HIS HONOUR: - - - it to you. That's right.

MR SLAVESKI: What if I say I don't want your explanation and I don't accept your explanation, Your Honour, with all due respect.

HIS HONOUR: Well, Mr Slaveski, the way these court proceedings work - - -

MR SLAVESKI: Yes.

HIS HONOUR: - - - is that one party makes submissions, the other party makes submissions - - -

MR SLAVESKI: So, you don't acknowledge, Your Honour - - -

HIS HONOUR: Mr Slaveski, do not interrupt me please.

MR SLAVESKI: Of course.

HIS HONOUR: Wait until I finish.

MR SLAVESKI: Of course. See Snezana. What did I say to you today?

HIS HONOUR: The way – please do not interrupt me, Mr Slaveski. The way it works is that one party makes submissions, the other party makes submissions and the judge decides and that's what a judge is for. The judge decides.

MR SLAVESKI: So, you don't accept to see a stamp from the bank?

HIS HONOUR: Mr Slaveski, Mr Gipp has submitted that it would assist all the parties, including me, to have the bank statements.

MR SLAVESKI: All right.

HIS HONOUR: You say you have the bank statements.

MR SLAVESKI: Yes.

HIS HONOUR: Therefore please produce them.

MR SLAVESKI: All right. Then I will certainly produce them, Your Honour. I would like you to just see one deposit of notes. There's $10,000 note here. Can Your Honour see this please?

HIS HONOUR: Mr Slaveski, I can accept that if it's just - - -

MR SLAVESKI: But I would like you to see it. It's different when you see it, Your Honour, please. It's $10,000 cash money.

HIS HONOUR: Mr Slaveski, if that amount will - - -

MR SLAVESKI: Yes.

HIS HONOUR: - - - appear in the bank statement. Now, I have ruled that for this matter to proceed to the next step, you are to produce the bank statements.

MR SLAVESKI: Your Honour, obviously you are not taking this as evidence. Are you going to mark them something or what?

HIS HONOUR: I'm happy to mark these documents as – for identification.

MR SLAVESKI: Of course, identification or corruption?

HIS HONOUR: What do you say, Mr Slaveski?

MR SLAVESKI: That they are corrupted, Your Honour?

HIS HONOUR: Well, Mr Slaveski - - -

MR SLAVESKI: The police is corrupted.

HIS HONOUR: That is not helpful for you to be making statements like that.

MR SLAVESKI: Of course. All right. What's the identification number, Your Honour? Let's proceed, please.

HIS HONOUR: Thank you.

42 Later on 25 August 2009, there was a discussion about Mr Slaveski’s request that the Chief Commissioner of Police be required to produce all Law Enforcement Assistance Program (‘LEAP’) records relating to the police defendants. The Court was informed that in the case of a member of the public, LEAP records are easily accessible because they involve limited categories, such as when a person is a defendant in criminal proceedings, is suspected of having committed a criminal offence or is a respondent to an intervention order. The Court was also informed that, in the case of police officers, there are thousands of LEAP records because they include routine entries made by them in carrying out their duties. As a result of this information, I ruled that the Chief Commissioner need not include routine entries in the LEAP records that were to be produced in relation to the police defendants.

43 Mr Slaveski was not happy with my ruling. Mrs Slaveska submitted on his behalf that, as the police defendants had obtained on subpoena all LEAP records relating to Mr Slaveski, he should be given all LEAP records relating to the police defendants. When I refused to alter my ruling, Mr Slaveski became hostile and, while purporting to speak to Mrs Slaveska privately at the Bar table, he made disparaging comments about me, including that my views were ‘criminal’. He also made a veiled threat to end the hearing. This is reflected on pages 1263 to 1265 of the transcript, relevant parts of which are set out below:.

MR SLAVESKI: Excuse me Your Honour, can I have a moment with Snezana?

HIS HONOUR: Of course. Do you want me to adjourn for five minutes?

MR SLAVESKI: No, no, that's OK. That's OK. We'll finalise it today. Today we'll know whether it goes forward, this case, or it doesn't Your Honour.

HIS HONOUR: Sure Mr Slaveski.

MR SLAVESKI: OK, so I'm prepared for that.

HIS HONOUR: Mr Slaveski, I think, you're entitled to have privacy in your discussions with [Mrs Slaveska], you're either making submissions yourself that I hear, or you are discussing the matter with Mrs Slaveska.

MR SLAVESKI: With Slaveska, Snezana Your Honour so - - -

MS SLAVESKA: Your Honour, it's the same thing. As I said before, it's like -

MR SLAVESKI: He's got [a] different view now, I can see. Criminal, his views are criminal.

MS SLAVESKA: Mr Slaveski's concern is that, Your Honour, you've read all this damaging material - - -

HIS HONOUR: Well, Mrs Slaveski, Mrs Slaveska, I beg your pardon, may I correct you on something? I have read nothing. I can tell you now that I have read the ... writ, the statement of claim, the subpoenas that I've had to make rulings on, anything that I've had to make a ruling on. I have in front of me Mr Slaveski's LEAP records. I have not read them. I can assure you. ... So if Mr Slaveski's concern is that I have read his LEAP records and that my mind has been poisoned against him, the only thing I know about Mr Slaveski's record is what you or he has told me. I can assure you of that. These documents are not evidence until they are placed in evidence, as I explained before.

44 Later still on 25 August 2009, Mr Slaveski re-agitated the issue of the LEAP records and intimated that he might ask me to disqualify myself and possibly walk out of the hearing the following week. This is reflected on pages 1279 to 1283 of the transcript, relevant parts of which are set out below:

MR SLAVESKI: So I'll put towards the court, Your Honour, that everybody's on notice, we the, and for today, Your Honour, I get, I am not in a position to continue, I don't feel the best. And for the other reason is that I can see I don't blame anybody but the defendants themselves, they're just poisoning everybody, their minds, and it's just not fair. And with all due respect, Your Honour, I do recall what Magistrate Popovich said, "Mr Slaveski, I am not going to read this. I shouldn't have read it", so I'm sorry but - - -

HIS HONOUR: I'm one step behind her, Mr Slaveski, because I have not read the material.

MR SLAVESKI: I don't know whether you do, whether you have or you haven't, I don't know that, Your Honour.

HIS HONOUR: Mr Slaveski, I have told you I have not read the material - - -

MR SLAVESKI: Well, Your Honour –

HIS HONOUR: That means that I have not read the material.

MR SLAVESKI: Yes, so, Your Honour, I would like the LEAP record, as I said to Snezana from that criminal record until their documents are produced in the same format as mine, and, Your Honour, I don't believe that you've been fair because you said to the State , "Give me 100 pages and give me how many pages are on the computer printout?" And Mr Ihle never told you how many pages.

HIS HONOUR: Yes, but he's going to tell me on Monday.

MR SLAVESKI: Of course he will, Your Honour. Christmas is coming as well, Your Honour, of course. But you know, we have to hit the nail on the head, that's why it's a Supreme Court, let's do the job right. So, unfortunately, Your Honour, now, I am putting the court on notice, I want all the way justice or I would like to ask you to disqualify yourself.

HIS HONOUR: You're asking me to disqualify myself?

MR SLAVESKI: No, Your Honour, if there is no justice as of next week, Your Honour. So I would like to put everybody on notice that the police and the State has poisoned your brain, your mind, with all due respect, with the LEAP record and that I carry a gun, that I am a drug dealer, that I am whatever I am to them, but I reverse those words, that they are the ones carrying guns and killing people. I don't do that, Your Honour. I am a businessman, I am a respectable gentleman and as you saw, $1.65 million was deposited into my account and Your Honour didn't take that into consideration, but it's there, it's on the record. So it's better we all possibly start fresh next week, or Your Honour, you know what the laws are more than anybody.

HIS HONOUR: Well Mr Slaveski, I will - - -

MR SLAVESKI: I will get Snezana now.

HIS HONOUR: I will repeat for your benefit - - -

MR SLAVESKI: Yes.

HIS HONOUR: - that I have not read the LEAP records that have been produced about you, that my mind has not been poisoned. What I said before was that that was your concern - - -

MR SLAVESKI: Yes.

HIS HONOUR: - but my position is very different from the Magistrate, because I have not read the LEAP records, and there is no basis for me to disqualify myself based on anything in the LEAP records. The only information I have about your history, as shown in the LEAP records, is what has been said in open court.

MR SLAVESKI: Are you saying, Your Honour, that you didn't read my criminal record? You saw it, but you shouldn't have read it, Your Honour.

HIS HONOUR: No, no. I saw - - -

MR SLAVESKI: But you've seen and the one that I ripped it out and you were holding it.

HIS HONOUR: No, Mr Slaveski - - -

MR SLAVESKI: So you've got a view of me being a criminal, Your Honour.

HIS HONOUR: No, Mr Slaveski, let me just repeat it so that you can understand it. Everything that is filed pursuant to subpoena goes in the court file. As the judge running this case - - -

MR SLAVESKI: Of course.

HIS HONOUR: - my staff and I have the court file. I physically see that there's a subpoena been produced, and attached to it are LEAP records relating to you. I have not read that material.

MR SLAVESKI: Your Honour, when I read that criminal record of mine that they created. I'm not a criminal, they created.

HIS HONOUR: Well, it's a record that's been produced by LEAP as a result of - - -

MR SLAVESKI: By who? By who, Your Honour?

HIS HONOUR: By the State . By the police in response - - -

MR SLAVESKI: By Victoria Police – Police Victoria. Victoria Police, Your Honour, has an ABN number. They are just a security company. That's all they are.

HIS HONOUR: The Victoria Police is a state government agency, Mr Slaveski.

MR SLAVESKI: Well, then it's their problem but I've got my state and my – I've got my God gifted human rights and I've got my rights that overrules your rights, Your Honour, and the State 's rights. It overrules the whole laws of the universe which is my human rights.

HIS HONOUR: Mr Slaveski - - -

MR SLAVESKI: And those human rights, Your Honour, if we're going to continue this way, they have been neglected. They have not been upholded by you by accepting those corrupted files by Victoria Police and I allege that are corrupted because they started giving you corrupted documents to you, Your Honour, as well. They've been giving us corrupted documents for the past nine years. That is the reason that we are here today. They either give you the lot or nothing and I'm prepared for that. At least we go that way. Your Honour, he knows what his position is.

HIS HONOUR: Well - - -

MR SLAVESKI: I'll sit down now, please?

Day 13 of the trial: 31 August 2009

45 The next hearing date after 25 August 2009 was 31 August 2009. At the commencement of the hearing on that day, I made a statement to Mr Slaveski explaining his options were he to decide to walk out of the hearing simply because he was not happy with one of my rulings. I also discussed an inappropriate comment that Mr Slaveski had made to my associate over the telephone on 27 August 2009 to the effect that he knew that I was under pressure from the police and the State because this was a big case. My statement and the discussion are set out at pages 1292 to 1300 of the transcript, and are extracted below:

HIS HONOUR: Following on from last Tuesday, I'm going to make a statement for your benefit. It explains some things which you may or may not be aware of but in case you're not aware of them, it's important for you to listen and - - -

MR SLAVESKI: Thank you, Your Honour.

HIS HONOUR: - - - and Mrs Slaveska if you can listen carefully as well. I'll just go through the statement. If you can defer any questions until after I finish that would be better.

MR SLAVESKI: What's defer, Your Honour?

HIS HONOUR: Wait until I finish.

MR SLAVESKI: Sorry, sir. Sorry, Your Honour.

HIS HONOUR: So, rather than interrupting and asking a question - - -

MR SLAVESKI: Yes.

HIS HONOUR: - - - I will read fairly slowly so that the transcript is accurate and if you have any questions after we finish today, you can always come back and ask any questions after you've had a chance to read the transcript.

MR SLAVESKI: Thank you.

HIS HONOUR: On Tuesday 25 August, Mr Slaveski, you indicated during the discussion in court that you may consider walking out of the hearing if you do not like my decision about production of the 2nd to 20th defendants' full LEAP records. I wish to explain your choices and the consequences of those choices. You have four choices.

Your first choice is to continue conducting your case fully as you have been doing to date. If you do this, you must, like every party in every proceeding, comply with rulings that the judge makes including about subpoenas even though you do not like them. A party who does not like a ruling cannot simply walk out and start again with another judge. You do not have that choice. The normal procedure is that the hearing continues and the judge makes a final decision called the judgment at the end of the case. The normal rule in Australia is that the party that loses is ordered to pay the legal costs of the party that wins. If the defendants lose, it is likely they will be ordered to pay your legal costs. If you lose, it is likely you will be ordered to pay the defendants' legal costs. The party that loses can appeal to the Court of Appeal against the judgment. In such an appeal, a party can complain about the end result and in addition to the end result, they can complain about any ruling made during the trial including any order for payment of costs.

However, a party cannot interrupt a hearing to appeal against rulings made during the trial. The hearing must continue until the judge delivers the judgment. It is only then that the judgment, including any rulings made during the trial that affect the judgment, can be appealed to the Court of Appeal. So, that is your first choice.

Your second choice is to discontinue the proceeding under Rule 25.02 of the Supreme Court Rules. If you wish to do that, you will need either permission from me or the consent of all the defendants. If you seek my permission, that permission may be granted on certain conditions. For example, it is normal to require that the plaintiff pay the defendants' legal costs up to the date the proceeding is discontinued. Rule 63.15 provides for payment of legal costs.
 
HIS HONOUR: And at that point, I'm going to have a discussion with you about what's acceptable and what's not, and how we will proceed and how this issue is going to be dealt with.

MR SLAVESKI: Your Honour, if he's lying to you like he lied - - -

HIS HONOUR: Mr Slaveski?

MR SLAVESKI: Yes.

HIS HONOUR: I have said I'm going to adjourn until 11.30.

MR SLAVESKI: Yes Your Honour.

(Short adjournment.)

HIS HONOUR: Now, Mr Slaveski.

MR SLAVESKI: Yes, Your Honour.

HIS HONOUR: At the start of the trial, you will remember that I said there's one basic rule for this hearing and that is that everyone in this court has a role to play and the role of everyone has to be respected so, it was a very simple rule. You don't have to like the judge, you don't have to like the barristers for the defendants but you have to understand that they are performing a role within the legal system and that role needs to be respected and there has to be courtesy and respect in this court. Everyone in this court now and future witnesses are entitled to perform their role in a calm, safe and non threatening environment.

There is no room for rude, insulting or threatening behaviour. It's unacceptable and will not be tolerated and I'm saying this in case you do not know but in certain situations and I'm not talking about you at the moment. I'm just letting you know and I think you'll understand this, that if, for example, one of the parties attacks another party – tries to strangle them in court, for example. That's an extreme example. That can constitute a contempt of court.

Now, a contempt of court is a criminal offence. The judge, in that situation, can order the person in that situation, not your situation, but the example that I'm giving you – I'm painting an extreme example so you understand that there are limits. The judge, in that situation, can order that person to be immediately arrested and imprisoned. Now, your behaviour before the adjournment was threatening and was offensive and is unacceptable. I'm not going to do anything about it. I haven't considered whether it constitutes a contempt of court. I haven't asked myself that question because I want to make sure that you understand that you cannot behave that way and you've done it now but if you do it again, there may be consequences for you.

The defendants and their representatives in court may have rights about the behaviour. So, I would like to treat this as a lesson if you like so that you understand that you cannot behave as you wish in the court. And even though you get angry because you don't like what's said or what's happening and I understand that you are on medication but that cannot be an excuse for inappropriate behaviour.

So, you need to take steps to control your anger and to ensure that there is no repetition of what has occurred because this is a civilised community and this is a civilised place where a very important event is taking place. You are here as a plaintiff. You're representing yourself which you're entitled to [do] and you are making serious allegations against the defendants. The defendants are represented in court not because they want to but because you've sued them and they have a right to be here. They have a right to hear your case, they have a right to present their case and I will listen to everyone fairly and make my decision at the end. So, that's all that I wish to say about what has happened. I haven't said much but I want to keep it very simple for you so that you understand but we cannot have a repetition. And that's really the bottom line. Now, we'll talk about the DVD in a moment, where we go from there. Is there anything that you want to say?

MR SLAVESKI: Yes, I do, Your Honour. Now, Your Honour, who do I focus on? Now these 19 police officers – I don't like them. They have taken over my life.

HIS HONOUR: Well, I'll just - - -

MR SLAVESKI: That's number one. Can I just finish, please, Your Honour, please?

HIS HONOUR: Well, I asked you to – whether you had anything to say about what I said.

MR SLAVESKI: Yes. All right. That's fair. But what I would like you, Your Honour, is to take all of your powers and measures and possibly like you said – if somebody lies to you, especially the court officers, you've got the right to revoke the licence. Am I right?

HIS HONOUR: No, that's not right.

MR SLAVESKI: It's not right. What sort of rights do you have if they lie to you?

HIS HONOUR: Well, if a person lies – if an officer of the court lies, that can be the subject of disciplinary proceedings but not by the judge. There's other authorities that deal with that.

MR SLAVESKI: Disciplinary, like the legal commissioner.

HIS HONOUR: Legal Services Commission, that's right.

MR SLAVESKI: We know that. We've done that in the past.

HIS HONOUR: Yes, you mentioned that.

MR SLAVESKI: Now, what does Your Honour do when - - -

HIS HONOUR: Sorry, Mr Slaveski, we'll deal with the specific issue that has arisen. I just really wanted to ask you whether you had anything to say specifically about what I have said about your behaviour.

MR SLAVESKI: Your Honour, I don't like my behaviour and I don't like them when they tell the court the untrue.

HIS HONOUR: All right.

MR SLAVESKI: That has been happening to us for the past nine years and they've created me. They've made me on medication, a nervous wreck. So, I don't blame myself. You should not blame me, Your Honour. You should blame these people. Now, where was the State to say to the magistrate – your magistrate, there's two types here?

HIS HONOUR: Well, we'll get onto that in a second, Mr Slaveski but - - -

MR SLAVESKI: It's not fair, Your Honour.

HIS HONOUR: - - - I'd just like to respond to something you've said. Whatever the circumstances, you – that is you, Mr Slaveski, have to take responsibility for your own actions in this court. If you start kicking the court premises and you start shouting, whatever you were shouting in Macedonian, you are responsible for that.

MR SLAVESKI: Of course.

HIS HONOUR: And you are to take responsibility - - -

MR SLAVESKI: I wanted to get a gun so I can defend myself up against these 20 cops. Nobody gave me that gun, so what do I do? They want to kill my children, Your Honour.
 
Day 15 of the trial: 2 September 2009

48 On 2 September 2009, Mr Slaveski became upset because I would not accept as an exhibit a professional indemnity insurance policy which I considered to be irrelevant. He was disrespectful and accused me of taking the defendants’ side and of having orchestrated my appointment as the judge to hear his case. This is reflected on pages 1608 to 1610 and 1613 to 1617 of the transcript, relevant parts of which are set out below:

[MS SLAVESKA:] ... The next document here is a tax invoice of - sorry, it's a schedule of cover from OAMPS Insurance. The purpose of this document Your Honour is like when Mr Slaveski was doing finance, he had to have a professional indemnity insurance - - -

...

MR SLAVESKI: It is Your Honour, it's a $5000 policy so please I would like that to tender it please?

HIS HONOUR: Well I don't see - is there any dispute that Mr Slaveski had a professional indemnity policy running the business and - so that's accepted Mr Slaveski?

[MR SLAVESKI:] Well Your Honour, I've made the exhibits so they can take it.

[HIS HONOUR:] Well I'm not going to have my chambers full of documents that are not going to help me run the case. That's an expense of the business, it will show up in the profit and loss statement.

MR SLAVESKI: (Indistinct) indemnity insurance for the finance. I know where this case is going, it's a corrupted case - - -

HIS HONOUR: Mr Slaveski, this is not a corrupted case. The fact that you are a self represented individual does not mean that you don't have the same obligations as any other person to prove your case. I can only deal with documents and evidence that's relevant to the case. I can accept that as an exhibit and I can put it on the floor in the chambers, but when I write my judgment, the fact that you have paid $5000 for professional indemnity insurance is not going to be relevant to my judgment.

MR SLAVESKI: Your Honour, why would I pay $5000, with all due respect, if I did one or two loans, you know.

HIS HONOUR: But no one is disputing how many loans you've made Mr Slaveski.

MR SLAVESKI: Well who knows how many loans I've done?

HIS HONOUR: But it doesn't - - -

MR SLAVESKI: Or it doesn't matter?

HIS HONOUR: No it doesn't matter from the point of view that what is relevant is that you were conducting a business or several businesses - - -

MR SLAVESKI: But Your Honour, in 2004 I was locked up. Have you ever been locked up in jail.

HIS HONOUR: No I haven't.

MR SLAVESKI: Well then if people don't believe me that I was locked up and I was with prisoners, with murderers, I hope they get locked up so they will know, they can think of me how I was thinking.

HIS HONOUR: Mr Slaveski - - -

MR SLAVESKI: I was in cells with murderers. It's not a pleasant thing Your Honour.

...

HIS HONOUR: All right. Well, that's what I'm focusing on at the moment. To produce to the court bits and pieces of an expense about this and a payment about that and a payment into the bank account about that means that these pieces of separate information, unless they're all complete and put together, then I cannot be sure what the income and the expenses were for any particular year. And I can't be sure that if one takes all of that information and puts it together that one comes up with a reliable profit.

MR SLAVESKI: So, Your Honour is only going to, yes. Your Honour is only going to go according to the tax return up to 2004 and that's it. Is that what you're saying, Your Honour?

HIS HONOUR: Well, no. For the period that there is a tax return - - -

MR SLAVESKI: Yes.

HIS HONOUR: - - - then I – if you tender that because at the moment, I think it's still marked for identification - - -

MR SLAVESKI: Yes.

HIS HONOUR: - - - then, subject to any issues that the defendants take about that tax return, then I'll certainly accept that as being an accurate statement of the profit of the business. So, after that is the big question. As I understand it, what you've got is a lot of raw materials. A lot of individual documents - some about payments, some about expenses. The question is what is done with that. It's not appropriate - - -

MR SLAVESKI: What would you do if you get followed with guns?

HIS HONOUR: Mr Slaveski - - -

MR SLAVESKI: This is where the $69,000 question is and I was followed at every second day, Your Honour.

HIS HONOUR: The question is you've brought this case making these allegations. You rely on your business going downhill and eventually closing because of what the police said.

MR SLAVESKI: Yes, not said.

HIS HONOUR: Sorry, did.

MR SLAVESKI: Did.

HIS HONOUR: I beg your pardon. Yes, that's my error.

MR SLAVESKI: Yes.

HIS HONOUR: Now, as plaintiff, you need to demonstrate to the court the before and after situation.

MR SLAVESKI: All right. But, Your Honour, how can I demonstrate when it's an ongoing battle? It's an – in 98. In – that's when they got my licence, that Leigh Cole. I want him on the stand. I'll ask him about that.

HIS HONOUR: Mr Slaveski, I know that. I know that this situation - --

MR SLAVESKI: In 2000.

HIS HONOUR: Well, let me - - -

MR SLAVESKI: In 2001.

HIS HONOUR: Let me finish, please.

MR SLAVESKI: In 2003.

HIS HONOUR: Let me finish, please.

MR SLAVESKI: Yes.

HIS HONOUR: We can go round and round in circles and then create new circles and go around them but we come back to this question. You're the plaintiff. You have the onus to prove your case. At the moment, we're dealing with how you prove the financial performance of these businesses after these incidents. You have that obligation. I don't have the obligation. I have the obligation to make a decision based on the information that's provided to me.

MR SLAVESKI: You see what I said to you, Snezana?

HIS HONOUR: And what I'm saying to you is that you cannot simply produce to the court all these individual items of expenditure and income and say to the judge, "You work it out."

MR SLAVESKI: I never said that, Your Honour, but is it fair for the court and to say, "Mr Slaveski, you know what? There are 20 officers that you're suing." It's visible on the video footage that they did hassle us. They arrested me with no reason. I was not charged. I was bashed up in front of the wife and the children. Damages to the shop – to one shop, to the other shop, to the customers and they had a plan – close one shop, close two shops, close three shops. Now, what do we do to Iraq? We going to bombard Iraq - - -
 
Day 15 of the trial: 2 September 2009

48 On 2 September 2009, Mr Slaveski became upset because I would not accept as an exhibit a professional indemnity insurance policy which I considered to be irrelevant. He was disrespectful and accused me of taking the defendants’ side and of having orchestrated my appointment as the judge to hear his case. This is reflected on pages 1608 to 1610 and 1613 to 1617 of the transcript, relevant parts of which are set out below:

[MS SLAVESKA:] ... The next document here is a tax invoice of - sorry, it's a schedule of cover from OAMPS Insurance. The purpose of this document Your Honour is like when Mr Slaveski was doing finance, he had to have a professional indemnity insurance - - -

...

MR SLAVESKI: It is Your Honour, it's a $5000 policy so please I would like that to tender it please?

HIS HONOUR: Well I don't see - is there any dispute that Mr Slaveski had a professional indemnity policy running the business and - so that's accepted Mr Slaveski?

[MR SLAVESKI:] Well Your Honour, I've made the exhibits so they can take it.

[HIS HONOUR:] Well I'm not going to have my chambers full of documents that are not going to help me run the case. That's an expense of the business, it will show up in the profit and loss statement.

MR SLAVESKI: (Indistinct) indemnity insurance for the finance. I know where this case is going, it's a corrupted case - - -

HIS HONOUR: Mr Slaveski, this is not a corrupted case. The fact that you are a self represented individual does not mean that you don't have the same obligations as any other person to prove your case. I can only deal with documents and evidence that's relevant to the case. I can accept that as an exhibit and I can put it on the floor in the chambers, but when I write my judgment, the fact that you have paid $5000 for professional indemnity insurance is not going to be relevant to my judgment.

MR SLAVESKI: Your Honour, why would I pay $5000, with all due respect, if I did one or two loans, you know.

HIS HONOUR: But no one is disputing how many loans you've made Mr Slaveski.

MR SLAVESKI: Well who knows how many loans I've done?

HIS HONOUR: But it doesn't - - -

MR SLAVESKI: Or it doesn't matter?

HIS HONOUR: No it doesn't matter from the point of view that what is relevant is that you were conducting a business or several businesses - - -

MR SLAVESKI: But Your Honour, in 2004 I was locked up. Have you ever been locked up in jail.

HIS HONOUR: No I haven't.

MR SLAVESKI: Well then if people don't believe me that I was locked up and I was with prisoners, with murderers, I hope they get locked up so they will know, they can think of me how I was thinking.

HIS HONOUR: Mr Slaveski - - -

MR SLAVESKI: I was in cells with murderers. It's not a pleasant thing Your Honour.

...

HIS HONOUR: All right. Well, that's what I'm focusing on at the moment. To produce to the court bits and pieces of an expense about this and a payment about that and a payment into the bank account about that means that these pieces of separate information, unless they're all complete and put together, then I cannot be sure what the income and the expenses were for any particular year. And I can't be sure that if one takes all of that information and puts it together that one comes up with a reliable profit.

MR SLAVESKI: So, Your Honour is only going to, yes. Your Honour is only going to go according to the tax return up to 2004 and that's it. Is that what you're saying, Your Honour?

HIS HONOUR: Well, no. For the period that there is a tax return - - -

MR SLAVESKI: Yes.

HIS HONOUR: - - - then I – if you tender that because at the moment, I think it's still marked for identification - - -

MR SLAVESKI: Yes.

HIS HONOUR: - - - then, subject to any issues that the defendants take about that tax return, then I'll certainly accept that as being an accurate statement of the profit of the business. So, after that is the big question. As I understand it, what you've got is a lot of raw materials. A lot of individual documents - some about payments, some about expenses. The question is what is done with that. It's not appropriate - - -

MR SLAVESKI: What would you do if you get followed with guns?

HIS HONOUR: Mr Slaveski - - -

MR SLAVESKI: This is where the $69,000 question is and I was followed at every second day, Your Honour.

HIS HONOUR: The question is you've brought this case making these allegations. You rely on your business going downhill and eventually closing because of what the police said.

MR SLAVESKI: Yes, not said.

HIS HONOUR: Sorry, did.

MR SLAVESKI: Did.

HIS HONOUR: I beg your pardon. Yes, that's my error.

MR SLAVESKI: Yes.

HIS HONOUR: Now, as plaintiff, you need to demonstrate to the court the before and after situation.

MR SLAVESKI: All right. But, Your Honour, how can I demonstrate when it's an ongoing battle? It's an – in 98. In – that's when they got my licence, that Leigh Cole. I want him on the stand. I'll ask him about that.

HIS HONOUR: Mr Slaveski, I know that. I know that this situation - --

MR SLAVESKI: In 2000.

HIS HONOUR: Well, let me - - -

MR SLAVESKI: In 2001.

HIS HONOUR: Let me finish, please.

MR SLAVESKI: In 2003.

HIS HONOUR: Let me finish, please.

MR SLAVESKI: Yes.

HIS HONOUR: We can go round and round in circles and then create new circles and go around them but we come back to this question. You're the plaintiff. You have the onus to prove your case. At the moment, we're dealing with how you prove the financial performance of these businesses after these incidents. You have that obligation. I don't have the obligation. I have the obligation to make a decision based on the information that's provided to me.

MR SLAVESKI: You see what I said to you, Snezana?

HIS HONOUR: And what I'm saying to you is that you cannot simply produce to the court all these individual items of expenditure and income and say to the judge, "You work it out."

MR SLAVESKI: I never said that, Your Honour, but is it fair for the court and to say, "Mr Slaveski, you know what? There are 20 officers that you're suing." It's visible on the video footage that they did hassle us. They arrested me with no reason. I was not charged. I was bashed up in front of the wife and the children. Damages to the shop – to one shop, to the other shop, to the customers and they had a plan – close one shop, close two shops, close three shops. Now, what do we do to Iraq? We going to bombard Iraq - - -
 
I got most of the way through your first post. Cut to the chase. What's so funny about all of this?
 
Mentally ill dude defending himself at Supreme Court.

"MR SLAVESKI: What if I say I don't want your explanation and I don't accept your explanation, Your Honour, with all due respect.

HIS HONOUR: Well, Mr Slaveski, the way these court proceedings work - - -"


"HIS HONOUR: I'm one step behind her, Mr Slaveski, because I have not read the material.

MR SLAVESKI: I don't know whether you do, whether you have or you haven't, I don't know that, Your Honour.

HIS HONOUR: Mr Slaveski, I have told you I have not read the material - - -

MR SLAVESKI: Well, Your Honour –

HIS HONOUR: That means that I have not read the material."

"MR SLAVESKI: Your Honour, when I read that criminal record of mine that they created. I'm not a criminal, they created.

HIS HONOUR: Well, it's a record that's been produced by LEAP as a result of - - -

MR SLAVESKI: By who? By who, Your Honour?

HIS HONOUR: By the State . By the police in response - - -

MR SLAVESKI: By Victoria Police – Police Victoria. Victoria Police, Your Honour, has an ABN number. They are just a security company. That's all they are.

HIS HONOUR: The Victoria Police is a state government agency, Mr Slaveski.

MR SLAVESKI: Well, then it's their problem but I've got my state and my – I've got my God gifted human rights and I've got my rights that overrules your rights, Your Honour, and the State 's rights. It overrules the whole laws of the universe which is my human rights."


"MR SLAVESKI: But Your Honour, in 2004 I was locked up. Have you ever been locked up in jail.

HIS HONOUR: No I haven't.

MR SLAVESKI: Well then if people don't believe me that I was locked up and I was with prisoners, with murderers, I hope they get locked up so they will know, they can think of me how I was thinking.

HIS HONOUR: Mr Slaveski - - -

MR SLAVESKI: I was in cells with murderers. It's not a pleasant thing Your Honour."

Funny shit
 
Mentally ill dude defending himself at Supreme Court.



"MR SLAVESKI: What if I say I don't want your explanation and I don't accept your explanation, Your Honour, with all due respect.

HIS HONOUR: Well, Mr Slaveski, the way these court proceedings work - - -"


"HIS HONOUR: I'm one step behind her, Mr Slaveski, because I have not read the material.

MR SLAVESKI: I don't know whether you do, whether you have or you haven't, I don't know that, Your Honour.

HIS HONOUR: Mr Slaveski, I have told you I have not read the material - - -

MR SLAVESKI: Well, Your Honour –

HIS HONOUR: That means that I have not read the material."


"MR SLAVESKI: Your Honour, when I read that criminal record of mine that they created. I'm not a criminal, they created.

HIS HONOUR: Well, it's a record that's been produced by LEAP as a result of - - -

MR SLAVESKI: By who? By who, Your Honour?

HIS HONOUR: By the State . By the police in response - - -

MR SLAVESKI: By Victoria Police – Police Victoria. Victoria Police, Your Honour, has an ABN number. They are just a security company. That's all they are.

HIS HONOUR: The Victoria Police is a state government agency, Mr Slaveski.

MR SLAVESKI: Well, then it's their problem but I've got my state and my – I've got my God gifted human rights and I've got my rights that overrules your rights, Your Honour, and the State 's rights. It overrules the whole laws of the universe which is my human rights."



"MR SLAVESKI: But Your Honour, in 2004 I was locked up. Have you ever been locked up in jail.

HIS HONOUR: No I haven't.

MR SLAVESKI: Well then if people don't believe me that I was locked up and I was with prisoners, with murderers, I hope they get locked up so they will know, they can think of me how I was thinking.

HIS HONOUR: Mr Slaveski - - -

MR SLAVESKI: I was in cells with murderers. It's not a pleasant thing Your Honour."




Funny shit
 
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