More St. Mary’s correspondence
See also
St. Mary’s mediation agreement
Common law notice of want of jurisdiction
§t Mary’s Community
20 M0rival£ Street (pO gox 344-9) §outh Brisbane Old 4101
Phong: (07) 3844 5806 fax: (07)38465207
Small: sme@mgrMVafg.org.au Mieah projects Inc ph: (07) 3844 9122
Most Reverend John A Bathersby DD Archbishop of Brisbane 790 Brunswick Street New Farm Queensland. 4005
25 February 2009
Re: St Mary’s Community
Your Grace
The members of St Mary’s Community remain in shock regarding your decision to terminate Peter Kennedy as Administrator of our faith community.
As a community we have sought to engage respectfully with you over the past six months and we continue to feel ignored by your refusal to meet with us. At no time in our communication have you acknowledged the input and the role of the laity of St Mary’s Community.
As Catholics we fully understand your position and authority within the Roman Catholic Church. It is with much dismay that we have witnessed the Canonical process unfold in a manner in which we feel there to be a grave misuse of power. You have acted on the belief that St Mary’s Community is out of communion with the Roman Catholic Church.
We as a community testify that:
1. Peter Kennedy is a man of faith who leads this community with integrity and honesty. We reject the claim that Peter’s ministry has caused harm to ecclesiastical communion as stated in your decree to remove him. St Mary’s Community is testament to just how many people have found their rightful place within the church through Peter’s actions and faith. Our claim, in fact, is that Peter’s ministry has delivered immense benefit to ecclesiastical communion at St Mary’s;
“fl Catholic Community of Brisbane
Peter Kennedy has not been given fair or due process according to natural justice or Canon law. Any openness to receiving evidence in relation to the allegations made by Richard Stokes in a formal manner involving the community would, we feel, have provided you with an enormous amount of testament to just how ill-founded the allegations concerning the community and Peter Kennedy are. We strongly believe that Peter has not been given procedural fairness in accordance with Canon Law;
St Mary’s laity have been considered insignificant and ignored, as not
being capable of entering into dialogue with you or having any
constructive role to play in this conflict. This community has been denied
it’s baptismal rights and it’s right to be treated with dignity and respect as
part of a Catholic faith community by your refusal to see us as equal
stakeholders alongside yourself and Peter Kennedy;
Tuesday’s events of publically presenting, via the media, an invitation to
Peter Kennedy for mediation appears to be a process which has
absolutely nothing to do with actual mediation and further dismays us.
The invitation appears to be an attempt to intimidate and position Peter
publically as being non-cooperative. There has been no attempt to enter
into genuine discussion through a mutually agreed upon process. It would
appear that both in the choice of the mediator (appointed without any
negotiation) and the refusal for mutually agreed terms of reference for
mediation that the imbalance of power underpins all actions in relation to
the resolution of the issues.
Your Grace, whatever the outcome, we consider that you may have missed the opportunity to engage with us the community, a community of people who aspire to the equality and dignity of each of us and not simply a community of followers of a priest named Peter Kennedy.
We are people of faith and community, built on the solid ground of our Catholic traditions and the lived realities of our lives, a faith grounded in the world in which we live. We are proud of who we are despite your apparent misconceptions. We are glad to have experienced a Vatican II vision of church that allows spirituality and justice to exist hand in hand in all that we do as a community and as individuals.
We urge you to revoke the decree of Peter’s termination as Administrator and enter into formal and authentic mediation with representatives from the community and Peter Kennedy.
Your Grace, together we could demonstrate true reconciliation and faith as testament to that which we believe in as a Catholic community.
We implore you to accept this invitation.
Yours sincerely
Marg Ortiz
Chair
St Mary’s Community Council
*******************************
17th April, 2009
COMPLAINANT
Denis Bruce Walker
RESPONDENT
Archbishop John Bathersby,
“Archbishop of Brisbane”,
Archbishop’s House,
790 Brunswick Street,
(P.O. Box 936)
New Farm, Queensland,
4005
In the capacity as Respondent for, and
In the right of the “Roman Catholic Church in Australia” and “The Corporation of the Trustees of
the Roman Catholic Archdiocese of Brisbane”.
and
In the capacity as Respondent for the State of Queensland
(in the right of Her purported Royal Highness
“Queen Elizabeth II of Australia”
Buckingham Palace
London England SW1A1AA)
TAKE NOTICE: I am aware that Fr. Peter Kennedy will vacate St Mary’s Catholic Church, South Brisbane, as you ordered, as from the 20th of April ‘09 and that this will be under protest and duress. I am aware he has been concerned that members of his congregation might respond to your decision with actions that are potentially volatile, such as blockades. To avoid such conflict, he has informed me that he will leave, and he will do so in a peaceful manner.
TAKE NOTICE: As Peter Kennedy has signed a Treaty with me, this necessarily affects me and the ongoing relationship with Peter Kennedy and St Mary’s community, born out of the Treaty process. Therefore, I wish to make clear that I will also leave the site of St Mary’s where we were carrying out our Treaty business, under PROTEST AND DURESS, and in a peaceful manner.
TAKE NOTICE: I am obligated to uphold my relationships and commitments made with members of the St. Mary’s community.
1.
TAKE NOTICE: On November 30th ‘08, I , Bejam Kunmunara Jalo Nunnuccal Kabool, (Denis Walker, son of Oodgeroo Nunuccal, Custodian of the Land Minjerribah) signed a Treaty, with Fr. Peter Kennedy on behalf of the St Mary’s community, which also included the support of Karen Walsh and Micah Projects.
I am an elder of the Nunuccal Nation, and the Gurrigindinarmi regional governance. A ceremony involving hundreds of parishoners, and members of several nations of the Gurringindinarmi, confirmed/sealed this treaty signing. A bunya tree, significant to the Gurringindinarmi region, was planted in the grounds of St Mary’s, as part of the ceremony. Fr Kennedy, and the St Mary’s community decided to fly the Indigenous flags to show their respect, and they placed our Treaty in the church so all could appreciate it. An elderly Indigenous woman who was baptised at St Mary’s, has requested that following her death, her ashes be scattered around the bunya tree. I had many meetings about the Treaty and St Mary’s with Fr Peter Kennedy, Fr Terry Fitzgerald, Karen Walsh and other Micah staff, and members of the Steering Committee. We discussed how to save the St Mary’s community, and how St Mary’s/Micah and the Treaty Circles might be able to work together to improve the situation for Indigenous people in the inner city area and further afield. Micah, especially as it is a government funded body with specific criteria required by it to address issues for Indigenous people, expressed concerns that it was having difficulty engaging the Indigenous community in the area. The Treaty process provided an opportunity and structure to address these matters in a way that is relevant to Indigenous people, and with the proper authorities and discplines guiding it. I invited Fr. Peter, Fr Terry, Karen Walsh, and others to my island, Minjerribah, for cultural heritage education programs.
TAKE NOTICE: I signed this Treaty in good faith, as I believe Fr Peter Kennedy did, on behalf of the St Mary’s community. Over three hundred and fifty signatures of people who attended that day, (copies of which are attached to this letter), are testimony of the support St Mary’s congregation has for the Treaty.
TAKE NOTICE: By signing this Treaty, Fr Peter Kennedy and the St Mary’s congregation have acknowledged Indigenous peoples’ Sovereignty, and their role as invaders and colonisers. On behalf of St Mary’s community, Fr Peter Kennedy made a commitment to actively address genocidal practices by way of assisting in the fruition of the Treaty Circle agenda/objectives. These are -
1.’Moongalba’ restoration
2. Meeting of Elders
3.Ownership of Indigenous informations – Digitisation of the Ooodgeroo Collection
held at Fryer Library and other places for Elders Treaty Circle,as beginning the
process of Indigenous ownership of Indigenous Intellectual property/cultural
knowledge systems.
4. Dry Camps – to rehabilitate, regenerate people in country.
5. Enterprise – Economic development to eminate out of dry camps’ processes.
6. Cultural Heritage Education Programs(CHEP) – development as requisite to Sacred
Treaty Circles
7.Elders Sacred Treaty Circle to set the agenda for Mens’, Womens’, Treaty and
Initiation Circles.
2.
TAKE NOTICE: The dismissal of Fr Peter Kennedy from St. Mary’s is unlawful. It undermines the integrity and ability of the St Mary’s community to acknowledge and manifest truth and spiritual oneness. Not only does the Indigenous community suffer as a result of your decision, but St Mary’s as a whole community misses the opportunity to engage with the Indigenous community in a positive and constructive process that embraces and respects Indigenous peoples’ authorities and disciplines. Furthermore, your actions restrict the education and healing that is required in our community to nurture a positive future.
PURSUANT TO THE NOTICE OF WANT OF JURISDICTION, THE PROCLAMATION OF SOVEREIGNTY, NOTICE OF WANT OF RESPONSE, AND THE SCHEDULE OF FEES that have been served upon you by myself –
TAKE NOTICE: In the failure to meet requirements under International and Commercial law (contract and equity), in the dismissal of Indigenous Law and culture, in the rejection of Common Law, in the denial of historical events – Archbishop John Bathersby, “ Archbishop of Brisbane”, representing “ The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane” and “The Roman Catholic Church in Australia” – acts unlawfully and you are liable.
TAKE NOTICE: Any further actions taken by you or your agents, that are detrimental to the Treaty process, the Indigenous community or St Mary’s community are UNLAWFUL and will be met with a bill for damages.
Peace,
******************************
BEJAM KUNMUNARA JALO NUNUCCAL KABOOL
(Denis Walker)
BILL TO DATE
Archbishop John Bathersby
“Archbishop of Brisbane”
Archbishop’s House
790 Brunswick St,
(P.O.Box 936)
New Farm, QLD 4005
In the capacity as Respondent for,and
In the right of the “Roman Catholic Church in Australia” and the “Corporation of Trustees of the Roman Catholic Archdiocese of Brisbane”
and
In the right of Her purported Royal Highness “Queen Elizabeth II of Australia”
Buckingham Palace
London, England SW1A1AA
DATE: Friday, April 24th, 2009
BILL PERIOD: 30th November ‘08 - 24th April ‘09
PURSUANT TO THE NOTICE OF WANT OF JURISDICTION, THE NOTICE OF WANT OF RESPONSE, THE PROCLAMATION OF SOVEREIGNTY, AND THE SCHEDULE OF FEES – ALL OF WHICH YOU HAVE BEEN SERVED WITH VIA REGISTERED MAIL – YOU ARE NOW LIABLE FOR THE FOLLOWING FEES
CHARGE:
“If I, or any sharing in My Sovereignty, be they Adult or Child, have our liberty and freedom to live and practice our culture and law (necessarily asserting our Sovereignty), interfered with and/or derogated,
THREE THOUSAND DOLLARS PER HOUR (3,000.00) dollars, gold/ silver specie, in lawful coinage for Australia (AUD) per user and per issuer per fiction in portion thereof ON A PRO RATA BASIS IN 6 MINUTE INCREMENTS”
Fr. Peter Kennedy has signed a Treaty, and therefore shares/supports my Sovereignty. Your actions prevent his, and the community of St Mary’s, participation in, and learning about, my culture and law.
We have spent valuable time, energy, and resource (which could have been devoted to the Treaty business), trying to negotiate with you.
Your actions prevent me, my family and the Indigenous community from practicing our culture and law.
1.
Your lack of response and communication with myself or any Indigenous people in this process reveals your disrespect and derogation of our Land, Law, and Culture.
FEE: $240,000
(Time period Nov. 30th ‘08 – 24th April ‘09 = 20 weeks; based conservatively on 4hrs per week activity that has been disrupted, cancelled, or post-poned)
CHARGE:
“If I, or any sharing in My Sovereignty, be they Adult or Child, are questioned, interrogated or in any way, harassed or otherwise regulated and controlled,ONE THOUSAND DOLLARS PER HOUR (1,000.00)dollars,gold/silver specie, in lawful coinage for Australia (AUD) per user and per issuer per fiction in portion thereof ON A PRO RATA BASIS IN 6 MINUTE INCREMENTS”
Fr. Kennedy, members of the St Mary’s Community, myself and other Treaty members have, due to your actions, been engaged in meetings, mediation, interviews, and various forms of correspondences with you and your agents. Considerable time, energy, and resource have been wasted. Your actions have resulted in a great deal of stress for all concerned and ill health for some individuals.
FEE: $80,000
CHARGE:
“If I, or any sharing in my Sovereignty, be they Adult or Child, are subjected to any adjudication and or judicial process other than that afforded under Our Sovereign Law, FIVE MILLION DOLLARS PER COURT APPEARANCE (5,000,000.00) dollars, gold/ silver specie, in lawful coinage for Australia (AUD) per event plus THREE THOUSAND DOLLARS PER HOUR (3,000.00) dollars, gold/ silver specie, in lawful coinage for Australia (AUD) per event per person per hour or part thereof on a pro rata basis in 6 minute increments.”
Fr. Peter Kennedy and the St Mary’s Community have been subject to a decision making process that is illegally operating in my country. Within the realm of your own Catholic Canon you have not followed due process in your dealings with Fr. Peter Kennedy in this instance, but also you fail to adhere to your own Papal Bull and Catholic Church policies on relationships and processes concerning Indigenous peoples.
FEE: $5,000,000
2.
CHARGE:
“If I, or any sharing in my Sovereignty, be they Adult or Child, are hindered in enjoying my Estate, TEN MILLION DOLLARS (10,000,000.00) gold/ silver specie, in lawful coinage for Australia (AUD) per event”
Due to your actions, Fr. Peter Kennedy and the community of St Mary’s will not be able to engage with my people on my island Minjerribah.
Due to your actions, Fr. Peter Kennedy, the St Mary’s community and the Indigenous community will not be able to share our Faith and our oneness, at the St Mary’s Church, which has been constructed on land stolen from the Gurringindinarmi.
FEE: $10,000,000
CHARGE:
“If I, or any sharing in My Sovereignty, be they Adult or Child, are hindered in the practice of any cultural, spiritual ceremony upon my Estate,TEN MILLION DOLLARS (10,000,000.00), gold/ silver specie, in lawful coinage for Australia (AUD) per event plus THREE THOUSAND DOLLARS PER HOUR (3,000.00) dollars, gold/ silver specie, in lawful coinage for Australia (AUD) per event per person per hour or part thereof on a pro rata basis in 6 minute increments.”
Fr. Peter Kennedy, St Mary’s Community, myself, my family and the Indigenous community have been hindered in the practice of our ceremonies, both on Minjerribah and in the Gurringindinarmi nations.
FEE: $10,000,000
CHARGE:
“If I, or any sharing in My Sovereignty be they Adult or Child are hindered in accessing the use of My Estate and Resources, TEN MILLION DOLLARS (10,000,000), gold/ silver specie, in lawful coinage for Australia (AUD) per event plus THREE THOUSAND DOLLARS PER HOUR (3,000.00) dollars, gold/ silver specie, in lawful coinage for Australia (AUD) per event per person per hour or part thereof on a pro rata basis in 6 minute increments.”
Due to your actions, all those involved in the Treaty Circles, including Fr. Kennedy, the St Mary’s Community, and the Indigenous community (locally, regionally, and nationally), will be hindered in accessing material, cultural, and spiritual realms of My Estate and Resources.
FEE: $10,000,000
3.
SUM OF FEES PAYABLE -
$ 240,000
$ 80,000
$ 5,000,000
$ 10,000,000
$ 10,000,000
$ 10,000,000
Total : $ 35,320,000
Brisbane Catholic Archbishop accused of racial discrimination
The “Oodgeroo of the tribe Noonuccal, Custodian of the land Minjerribah, Peace Prosperity and Healing, Sacred Treaty Circles” has lodged a complaint with the Human Rights and Equal Opportunity Commission againstBrisbane Catholic Archbishop John Bathersby, the Trustees of the Roman Catholic Archdiocese of Brisbane and their lawyers, alleging discrimination against Aboriginal people.
The Oodgeroo Treaty Circles have complained that the Archbishop has discriminated against Aboriginal people by refusing to acknowledge the validity of a treaty between Father Peter Kennedy on behalf of the St. Mary’s South Brisbane parish and Bejam Denis Walker on behalf of the Noonuccal and other Aboriginal people.
The law firm Thynne and Macartney, acting on behalf of the Archbishop and the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane, have written to Bejam Denis Walker and described the St. Mary’s treaty as having no legal effect or validity and stated that the Archbishop will not enter into any discussions or negotiations as to the implications of the treaty.
A spokesperson for the Oodgeroo Treaty Circles, John Tracey, said…….
The St. Mary’s Treaty was signed during a well-attended mass with the congregation of St. Mary’s and members of the local Aboriginal community witnessing it. The treaty was celebrated in coroborree in accordance with Aboriginal customary law and written on paper in accordance with non-Aboriginal law. It is real.”
“The Archbishop has appointed Ian Callinan to mediate between himself and St. Mary’s. When Ian Callinan was a high court judge he had to be forced off the Hindmarsh Island case because of his bias against Aboriginal claims of rights and interests. The Archbishop’s choice of mediator is an example of the contempt of Aboriginal law, culture and rights that he appears to hold. His blanket refusal to discuss the treaty is another.”
“The Oodgeroo Treaty Circles are asking the Archbishop and the Brisbane Archdiocese to confirm and support the St. Mary’s treaty which involves innovative Aboriginal welfare and social justice programs such as dry camps, a cultural heritage education program and the facilitation of Aboriginal men’s, women’s and elders business. The treaty process provides non-Aboriginal Australians a direct relationship with Aboriginal culture and programs. This path of healing is being obstructed by the Archbishop’s refusal to even acknowledge Aboriginal rights and interests, let alone work pro-actively with them.”
More info
http://treatynow.wordpress.com/
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An open letter to Peter Kennedy and the congregation of St. Mary’s South Brisbane
from Sean (a.k.a. John Tracey) of the Oodgeroo of the tribe Noonuccal, Custodian of the land Minjerribah, Peace Prosperity and Healing, Sacred Treaty Circles.
For those who do not know me, I am a long term resident of West End and have been a treaty member since 1989.
This letter has been written in consultation with the elder of the Oodgeroo Sacred Circles, Bejam Denis Walker who has asked me to publish my considerations, however it represents the opinion of myself only and for which I take full responsibility.
I am concerned to have read in the media that Peter Kennedy has described the assertion of Aboriginal sovereignty as a matter of symbolism. (more…)
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The Roman Catholic Church – Common Law Notice of want of jurisdiction
COMMON LAW
NOTICE OF WANT OF JURISDICTION
COMPLAINANT:
Dennis Bruce Walker
XXXXXXXXXXXXX
BRISBANE QLD 4101
RESPONDENT
Archbishop John Bathersby,
The Archbishop of Brisbane,
Archbishop’s House,
790 Brunswick St.,
(P.O. Box 936)
New Farm Qld 4005
(in the right of the Roman Catholic Church in Australia)
and
( in the right of Her purported Royal Highness
“Queen Elizabeth II of Australia”
Buckingham Palace
London, ENGLAND SW1A 1AA)
In respect of the Roman Catholic Church in Australia (its archdioceses, dioceses, and parishes) having any jurisdiction, whatsoever, in the Indigenous nations/lands of the continent known as ‘Australia’ , the Complainant states that:
Unless there is an acknowledgement of Indigenous peoples’ Sovereignty, and a real commitment to redress the illegal nature of the occupation of our Indigenous lands, by way of TREATY, the Roman Catholic Church, and indeed the State and Federal governments and all establishments that uphold and sustain the Roman Catholic Church in Australia, are operating in our Indigenous lands, illegally, and have no jurisdiction to make any decisions regarding the use of our lands/law/culture. (more…)
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Angus Rabbit is a Cherbourg Murri elder based in Brisbane. He is “The Man” of Queensland country music.
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