EMAIL LETTER BY RESPONDENT TO LPCC FAXED TO SAT CALLING OFF THE SCHEDULED HEARING OF VR87 OF 23011 IF LPCC DO NOT GIVE AN UNDERTAKING THAT IT IS GOING TO BE FAIR TO RESPONDENT

---------- Forwarded message ----------
From: Nicholas N Chin <nnchin1@gmail.com>
Date: Mon, Aug 22, 2011 at 7:20 PM
Subject: VR 87 OF 2010 - APPLICATION TO CALL OFF THE MALICIOUS PROSECUTION - AN ABUSE OF PROCESS - IN EXCHANGE FOR PERSONAL GAIN
To: Legal Profession Complaints Committee <lpcc@lpbwa.com>

The Legal Practitioners Complaints Committee for the attention of Ms. Le Miere

(I am sending this whole document to the LPCC by way of email only).

The Associate to the Deputy President or SAT His Honour Judge Sharp

(I am sending this letter as a facsimile to SAT as the email was sent by way of facsimile earlier today).

Dear Sirs

I refer to the above matter and wish to call off the scheduled hearing before the Deputy President of the State Administrative Tribunal of Western Australia His Honour Judge Sharp on the 11th day of October, 2011.  My reason for doing so is that the LPCC has continued to show no serious intention to provide me with a level playing field in respect of the David Taylor matter as indicated in the complaint letter below sent by the Unity Party of WA to the State Ombudsman.  This complaint requires the State Ombudsman to perform his statutory duty to put the LPCC aright.  I shall await for the outcome and if there is no favourable outcome, I shall expect a reeasoned statement of reason that does not evade the issue that touches on the issue that that there is no credible evidence that David Taylor and Registrar Powell falsified the court records in CIv 1131 of 2006. 

I have also made two separate applications in respect of the Errors of Law apparent on he face of the court records in CACV 107 of 2008 in respect of the David Taylor matter and in CACV75 OF 20010 in respect of the Timothy Robin Thies matter.  These applications were lodged with the Court of Appeal of the Supreme Court of Western Australia dated 15.7.2011.  I shall await for the outcome of these proceedings. 

I have a very clear cut case before the State Administrative Tribunal and I do not believe there should be a trial of the malicous prosecution  of me touching on the res judicata matters as contained in the VR 87 of 2009.  I am required by His Honour Judge Sharp to provide the Tribunal with a written submission before that date and this email letter which is being faxed to the State Administrative Tribunal serves as that written submission.   

Unless I have it in writing from both the LPCC and the State Administrative Tribunal that the VR 87 of 2009 proceedings are going to be settled in the manner indicated above, I do not see any point of my attending the hearing scheduled on the 11th day of October, 2011.  I do not want to be taken by surprise or to be ambushed again or to be to be found guilty of professional misconduct or unsatisfactory conduct when there are no justifications for doing so. 

If you the LPCC do have a valid contention that I can be validly prosecuted in VR87 of 2009, I would like to receive it in writing from you before the scheduled date of the hearing. You have so far evinced no seriousness in your intention that you are going to comply with the law and that you are going to be dealing with me honestly as you have already dealt with me dishonestly in the past.  You do not even know what you are charging me as indicated by what your Le Miere was stating before the tribunal on 26.11.2010 as recorded in the transcript.  You were obsessed with the idea of putting me me into trouble first so as to protect your cronies and you will do whatever later on when you can to seek out your reasons for doing so and thereby misleading the tribunal and the courts to the effect. How can you prosecute me for a wrong which has not been committed yet and thereafter researched for that fault aftere the event. When your Ms. Le Miere is before Judge Sharp on a few occassions in the past, she does not know what she was doing and was reasonably found to be misquoting the facts of the case.  Your Ms. Le Miere have been leading me on a wild goose chase and she had not been able to answer my charges as required of her before State Adminsitratative Tribunal and she was found to be evading the issues. You, the LPCC have no sincerity in your professed committment to do justice and to help the regulator of the legal profession in an indepenedent manner. You do not wish to charge other solicitors for doingng the wrong things and and you were reasonably found to be protecting them continuously and unrelentingly and on the other hand you were reasonably found to be chasing after shadows and is trying to get me, an innocent lawyer convicted for no wrongs. You have taken away my human rights as an independent lawyer and you still do not want to admit to the facts. .... You may get more details from my blotspot by Googling NICHOLASNCHIN.   I shall hold you liable for all the damages you have caused me so far for continuing this malicous prosecution of me since the date it was first started by Mr. Pino Monaco acting through the Law Society of Western Australia.

You have been trained to receive reason and logic but you are not using these wares to provide your statement of reason for your decision.  I understand that you have many cases to deal with but you should not have dealt with my cases cursorily and depending on advice from people you know and thought you can trust but who have an axe to grind to against me and allow these people to use you against me to achieve their own ulterior purpose. You should not be protecting people who have done wrongs and thinking that legal prowess can transcend everything.  Providence has provided us with reason and we shall not dominate and bully and put a person down for no rhyme nor reason.  At least you may look at the reasoned judgment of Commissioner Sleight in CIV 1877 of 2010 who at least is willing to stand to reason.

I would like you to become aware that I shall not be available for three months or more as from mid November, 2011.  

Yours faithfully

NICHOLAS N CHIN  

Phone: 08 92757440  Mobile: 0421642735

Emails: nnchin@msn.com; nnchin1@gmail.com