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SUPREME COURT OF QUEENSLAND

REGISTRY: BrisbaneNUMBER: 9108/11

Plaintiffi: Renée Emmanuel

AND

[First] Defendantii: Cairns Regional Council

AND

[Second Defendant:] And the former Douglas Shire Council that is now amalgamated in the Cairns

Regional Council

AFFIDAVIT

Renée Emmanuel and Michael John Mathews; we two Australian Citizens do solemnly swear that the contents of this Affidavit are true and accurate to the best of our knowledge states on oath

1/. The evidence contained in this Affidavit is absolutely relevant for both claims.

2/. Although the mains electricity supply to our properties is a major issue, there are many other matters in which Council has failed in its Duty of Care and established a situation where Council is an extreme Public Nuisance to our Community. It is so extreme that Council is a past, present and ongoing danger to our Community.

Endangering Life.

Signed: Taken by:

3/. Both Renée Emmanuel and Michael John Mathews are still suffering as Homeless Australian Citizens and are still suffering from Financial Losses which are still seriously affecting them to this very day and will continue to inhibit their ability to

AFFIDAVIT Name: Renée Emmanuel Filed on Behalf of the (party) Address: HomelessForm 46 Rule 431 Phone No: 0411303215

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live somewhat normal lives until this matter is resolved and Justice is achieved by the Courts. As far as is known, no Local Government Council in Australia has ever treated their Residents and Landowners in such a Cruel Unjust manner.

4/. In 1992 the Victorian Government Supplied a generator for Renée Emmanuel’s home when her mains electricity supply was temporally out of order, as her daughter was very ill and yet our Council has secretly stopped our complete healthful electricity supply for many years, as is shown in this Affidavit and Exhibits.

5/. All Councils have the right to charge rates for the provision of services, and for assisting other service providers in supplying services, especially essential services to their Constituents. If there were any persons or parties (group of people) stopping or attempting to stop their Constituents rights to services in common with other Australians, then Council would be obliged to inform their Constituents and any persons wishing to purchase land or reside in any effected area of their control.

Refer to: Futures Study etc. And the Mayor of the area controlling the District of Mission Beach: He stated on public national television that he could not do things such as; stop peoples power supply etc, as he was being pressured to do, quote; “People have rights attached to their freehold land”. He refused to behave like the Mayor of our Douglas Shire Council (Mike Berwick).

6/. Most Indigenous and Non Indigenous Australians were taught by their parents, at school or church group the very basic, yet perfect common Law of: “Do unto others as you would have others do unto you”, spoken by Jesus Christ.

All of our Law hinges off this! Westminster Law. All western countries and many others celebrate this at Christmas by giving gifts and encouraging acts of kindness. Only Pagan and Satanist religions do not partake in this.

7/. Please refer to document marked page 1 attached to this Affidavit;

Council has always stated that they have not done anything to stop the extension of our mains grid electricity supply yet in this document Council has agreed to initiate engagement on the provision of power north of the Daintree river by sending the attached correspondence to;

1. The Premier of Queensland;

2. The Member for Cook – Jason O’Brien;

3. The Far North Queensland Statutory Regional Plan; and

4. Energy Solutions – Ergon Energy;

Signed: Taken by:

8/. Please examine document marked page 2 attached to this Affidavit;

Where it says under action required:


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Remove the mains power ban from north of the Daintree River and extend mains power to the remainder of Forest Creek as a priority. This power ban north of the Daintree River encompasses our District of Cow Bay and Diwan etc.

9/. Therefore why has Council been claiming that they had not actively participated in stopping our power supply: obviously they have been grossly misleading the Court and the Queensland Ombudsman and other Government Agencies etc, and of course misleading all of us Residents and Landowners for many years.

10/. Please now examine document marked page 3 attached to this Affidavit;

This is the controversial document which has become known to possibly thousands of Australians, Queensland Government Officials and Politicians and the United Nation’s Commissioner for Human Rights.

Although Council will not tell us truthfully about any questionings in relation to this document, most people are aware that it was written by the Douglas Shire Mayor; Mike Berwick and was part of its D.C.P.3 Planning Document that as far as we know was initiated around 1992/3. A little before Christmas 2006 Councillor George Pitt told Michael Mathews face to face that the D.C.P.3, 3.2. - 3.2.1 Document is a Forgery and that the Council had never voted for the provisions in this document. The items a, b, c, d, e, f, g, h, have occurred to us people and have caused the Extreme Obscene Damages as mentioned throughout the Complaints and Exhibits of Renée Emmanuel and Michael Mathews.

Many other Residents of the concerned District have made hundreds if not thousands of complaints to Council, Queensland Ombudsman, Queensland and Australian Government, but all have been deceived for years by the secretive ban that Council had on our mains grid electricity supply.

Please note again that the Extreme Health and Safety Damages to us people are on record in the Supreme Court.

Other Douglas Shire Councillors such as; Cr Sciacca and Cr Bellero have agreed with Cr Pitt that the above Document is a Forgery. We believe this is one of many Forged or Falsified Documents initiated by Mayor Berwick.

Signed: Taken by:

11/. Subsequently Renée Emmanuel then known as; Maureen Marshall published the truth of the above matters and sent the written material noting all of the Health and Safety Damages etc, caused to the people north of the Daintree river. She sent these far and wide throughout all 3 levels of Government and this caused a great uproar as


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Council and especially Mayor Berwick had finally been exposed for his disgraceful inhumane behaviour.

The Local Member of State Parliament then called for the Council to be sacked and it effectively was; refer to Renée Emmanuel’s complaint and Exhibit R attached to the Affidavit of Michael Mathews dated; 02.12.2010 as this Affidavit gives an accurate brief rundown of this matter going back to 1988. Irregardless of who wrote this document, the contents a-h effectively became Council Policy – thus destroying our Community and most of our basic human rights. This has caused the inability of potentially over 4000 people to live on their own properties during this period of the greatest homelessness in Australian History.

12/. Please examine document marked pages 4 and 5 attached to this Affidavit;

Where these documents of the Minutes of Council meetings, 28.10.2009, these documents show the new Council; Cairns Regional Council conspiring to again stop the mains grid electricity supply in total contravention to the overturning of the previous secret ban of our power supply. Council did not inform us of these plans which again shows their FAILURE TO DISCLOSE and now further UNCONSCIONABLE CONDUCT by the new Council.


This document dated; 16.06.2010 clearly shows that Council has chosen to withhold the knowledge that Council has again blocked the mains grid power supply and quite clearly have chosen to not inform the people north of the Daintree River who again petitioned to Council for their power supply to be completed. There has been many petitions and public demonstrations going back to the early 1990’s and Council has always lied and mislead the people by not informing them of the underhanded tactics they have and continued to have used against the health, safety and wellbeing of the people north of the Daintree river.


This clearly shows that Council has been well aware for many years of their liability to pay compensation. The Australian Rainforest Foundation has also issued a Document claiming that the Queensland State Government have stated their intention to assist the Council with payments of compensation to the people north of the Daintree River.

Signed: Taken by:


Where the Federal Government made an apology to the stolen generations; please read the handwritten notes beside this article which further shows the obscene damages which have been oppressed on us due to years of oppressive dysfunctional and corrupt Local Government.


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Which shows another one of many many deputations and outcries for Mercy and Human Rights. This document also shows that the petitioners were aware that Council had somehow taken control of our power supply situation and in fact of course they had.

17/. Please examine document marked pages 10, 11, 12, 13 and 14 attached to this Affidavit;

These pages of Council minutes and the Cairns Post Newspaper reports quite clearly show the total dysfunction and corruption deeply entrenched in both of our Local Government Regimes, the Douglas Shire Council and the Cairns Regional Council. These documents speak for themselves.

There are many other documents available to demonstrate this total dysfunction and corruption and if necessary they can be examined by a lawfully established Jury of the Supreme Court if it is necessary.

18/. The Supreme Court Rules state that Justice must be paramount. Therefore in order for Justice to be returned to the Cairns Region it would be absolutely necessary to abide by statements made by Cr Bill Bellero when he called out for “a return to democracy”. As this Councillor like other Councillors had finally become aware that the Council was being run as a Dictatorship and that the Councillors themselves had basically become obsolete.

Therefore in order for Justice to occur and Rule of Law apply instead of Rule of Decree by Mayors such as; Mayor Berwick and Mayor Shier, then Council needs to root out those amongst them that are carrying out illegal and unconscionable, deceptive practices and prosecute them and find out what people amongst Queensland State Government they have been conspiring with going back to at least the early 1990’s.

It is not the responsibility of ordinary Citizens (victims) nor especially 2 disabled people such as; Renée Emmanuel and Michael Mathews to investigate and prosecute these matters. Of course they also do not have the authority to search out documents, compel witnesses etc. If they had the authority they and many other victims would have already done so.

Signed: Taken by:

19/. Please examine document marked pages 15, 16, 17 and 18 attached to this Affidavit;

This document is an overview of the crime of Apartheid of which many Australians righteously took action against apartheid in South Africa many years ago. These Australian people also included; Sports People, Journalists, Politicians, Solicitors, Trades People and most likely Judges.


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mentions inhuman acts, crimes against humanity, oppression and domination. Although we suspect that most of the ghettos in South Africa did actually have main grid power supply to their humpies and yet we people north of the Daintree river, many of us do not have mains electricity supply. Although the Mayor Mike Berwick does have his mains electricity supply and as far as we know he has applied for heavy duty 3 phase electricity supply whilst his constituents have nothing. His crimes of apartheid by oppression and domination have caused the people of Cow Bay to have;

1. No access to fresh food supply.

2. No access to electrically operated health equipment.

3. No access to electrically equipment to Dengue and Malarial and the many mosquito born viruses’.

4. No access to proper healthful refrigeration, refer warnings from Queensland Health.

5. Children have no access to normal electrical schooling aides.

6. Our people with disabilities greatly suffer whilst trying to operate and maintain dangerous generating equipment; refer Queensland Occupational Safety, the Daintree’s Future Study etc.

7. We have suffered with inferior dangerous sub standard road access; refer report by Wendy Maddocks and reports by Queensland and National Authorities including the RACQ.

8. And we people unable to travel to and from work, shopping, entertainment etc, as main road access was blocked for 12 hours every day for 12 years and is still blocked for 6 hours every day by Council shutting down the main road ferry each day.

9. No access to Doctors and Hospitals as neither can operate without mains grid electricity.

Please refer to complaints and Affidavits by Renée Emmanuel and Michael Mathews and their hundreds most likely thousands of complaints to Council and Queensland and Australian Government Officials. There appears to be somewhat of a blanket of paralysis where no one wants to take action even though it is their lawful duty to do so in order to finally abolish this evil social experiment which has caused a great deal of sickness, deaths, suicides and despair.

Signed: Taken by:

20/. The D.C.P.3 Document 3.2. - 3.2.1, a-h was used by Council in the 1998 Ergon Energy Environmental Impact Report in order to trick and deceive the readers, even though Council had not voted for it. As stated previously Councillors said the Document is a Forgery.

This Document and most likely other Documents etc must have been used even years before for the previous State Government approved mains grid electricity supply work had stopped. This project had started and the transmission lines cleared (at least in some areas) and then the work stopped.


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Council will not provide the information about what happened. Still to this day, though Council has not denied that the project was started, and then stopped. Nor have they denied their use of the D.C.P.3 Document.

The Court is also aware of the ongoing practice of intercepting or stealing Registered Mail to individual Elected Councillors.

21/. Now that we have clearly established that both old and new Council Administrations have stopped and are continuing to stop the peoples main grid electricity supply and continues to behave in a manner of such disgusting depravation and oppression to its people, that we have a situation of ‘Apartheid and due to much Sickness and Deaths, possibly even Genocide’.

Council has conspired to stop Employment and availability of Healthful Work for the people north of the Daintree River and they have completely achieved this sinister plan, refer D.C.P.3 Document paragraph (d).

What is the best way to destroy good workers? You take away their work!

Refer also: Occupational Apartheid. Attached document marked page 19 to this Affidavit.

22/. Please refer to attached document marked page 20 to this Affidavit;

Our Councils have completely removed the ability of people with Disabilities to live in relative peace, comfort and security. Refer ALL Health and Safety Issues.

The psychological Damages imposed upon people with Disabilities or Sickness or the elderly or the very young babies and children are basically uncountable.

Both Council Administrations have completely trashed ALL of the Basic Rights of Disabled people such as Renée Emmanuel and Michael Mathews.

23/. Please refer to attached document marked page 21 to this affidavit;

Here we have good hearted Australian Citizens lovingly helping the peoples of other Nations. But there is no program to help the crushed and homeless victims of the Council. (Respondents).

Signed: Taken by:

24/. Many people had obtained Building Permits but were not able to live at their properties and have become scattered around the country far and wide, many of them are homeless such as Renée Emmanuel and Michael Mathews, trying to find places to live with Services in Common with ALL other Australians.

25/. Refer to attached document marked page 25 to this Affidavit;

This letter from the Cairns Regional Councils CEO, Lyn Russell to Renée Emmanuel proves again that Council continues to not Disclose that they have already taken action, again to stop the mains grid electricity supply by their actions recorded in Council Meetings Minutes on the 21.10.2009 and the 28.10.2009.

Refer; pages 4, 5, and 6 of Exhibits attached to this Affidavit;


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Again, just like the former Douglas Shire Council, Council is lying and deceiving the people and the Court.

This Unconscionable Conduct causes the people to be further defrauded and continue to Suffer Severe Losses and Damages.

Both the Queensland Law Society and Queensland Legal Aid have stated that we are clearly Victims of Corporate Fraud.


Over the years many members of Parliament have kept referring Renée Emmanuel and Michael Mathews and many others to the Queensland Ombudsman and Queensland Crimes and Misconduct Commission, but they never took any real action.

Finally Renée Emmanuel received a letter from the Federal Minister for the Environment; the Hon Peter Garrett. He diligently referred Renée Emmanuel’s complaint to the Federal Attorney General, as he had the wisdom to know of the serious illegalities we were up against in the Cairns Regional Council.


The Federal Minister; Hon Anthony Albanese MP also diligently sent Renée Emmanuel’s complaint to the Federal Attorney General.


This letter to Renée Emmanuel from Jason O’Brien MP confirms that the Douglas Shire Council had lifted their secret ban on the mains grid electricity supply to the rest of the people not already connected to the grid in the District north of the Daintree river.

Please note that this Local MP admits that there is a “plethora of generators plaguing the Region causing Environmental Harm”.

Signed: Taken by:


This letter from Renée Emmanuel is pointing out to Council that they have again broken their promise in relation to the mains grid electricity supply to be completed and that she had acted in Good Faith and yet has been betrayed again by the Cairns Regional Council.


This email shows that Renée Emmanuel was forced to seek refuge in Emergency Accommodation in another State, that being Victoria.

31/. Please refer to attached document marked 30 to this affidavit;

This letter from Australian Federal Police is in relation to complaints of Registered Mail sent to Council and Elected Councillors which had been intercepted or stolen at


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its point of Delivery, being the Douglas Shire Council and the Cairns Regional Council Chambers.

There has also matters of quite clear forged signatures also in the complaint to the Australian Federal Police Officer; David Thatcher (Federal Agent) referred the complaintants, both Renée Emmanuel and Michael Mathews to the Queensland Police, but they have refused to address our complaint and refuse to speak with the complaintants.

32/. Please refer to attached document marked 22 to this Affidavit;

Here we have Queensland Government Weather and Emergency Alerts with the most reliable and efficient warnings via mobile phone, yet as far as is known Council or Mayor Berwick had also stopped mobile phone services to the area north of the Daintree river.

This could be fatal as our main road ferry is greatly at risk and has washed away previously, leaving the Residents trapped for 10 days.

“Endangering Life”.

33/. Please refer to attached document marked 23 to this Affidavit;

The people north of the Daintree river have been oppressed to such an extent that it does amount to Political Violence by The Actions and Non Actions of Council and those they have conspired with.

Council has Deliberately and Systematically Destroyed our Community by Denial of Basic Human Rights, Civil, Political, Social and Economic.

The people have been Protesting against their Inhumane Treatment for many years, but have only received further Social Disruption and Unusually High Mortality Rates-Suicides from Sickness and Despair.

These have been the results of Extremely Aggressive Years of Denial of Basic Human Rights. Refer D.C.P.3 Document a-h.

Signed: Taken by:

34/. The Illegal and Dangerous situation of forcing people to have No Option but to use generators is a major part of the Political Violence Imposed on Ordinary Australians.

Generators cause Extreme Noise Pollution and air Pollution and no one can put up a Logical Claim against this!

Their use in Residential Areas is Illegal for the most part and are only Legal to use in a Residential Area as an Emergency Backup. Refer in recent times with Blackouts of mains grid power in Western Australia; Generators were used in the streets to keep the Residents power supply to their fridges etc, and yet the Residents complained of both Noise and Air Pollution, and this was only for a few days!

Generators deprive people living or trying to live north of the Daintree River and the people are forced to break the Law, usually every day.


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In order to operate a household, a generator needs to operate 24 hours per day in order to function in accordance with all other Residential Dwelling Areas.

To use a generator to operate a household 24 hours per day in order to have a fully functional household; a man or a woman and with children or a normal household, it would actually cost approx $400.00 per week.

This Impossible cost for most Australians is Barbaric and most animals do not treat their own kind in such an Obscene Inhumane Manner, they share far better than the Sadistic Council and the Faceless men and women in State and Federal Politics that are Secretly Assisting them.

Yes it gets worse, as due to Council Policies there is virtually No Work for people in the District. There people on Illegally Imposed Unemployment Benefits, Pensions etc, are in a Demonically Inspired situation where their Electricity costs are more than their entire income.

The Daintree’s Future Study and The Evaluation of The Daintree Rescue Package warn of these evil consequences.

These are bound Government Books which can be viewed by our Supreme Court Judge on April 10th 2012.

Our Humane Environment Minister; the Hon Peter Garrett finally became aware of this Criminally Insane situation and contacted the Federal Attorney General.

The Hon Anthony Albanese also contacted the Federal Attorney General.

This is an Outrageous Shameful situation for ALL Australians, and yet some solicitors are still trying to Defend and Condone Councils Obscene Behaviour.

The World has finally woken up to those whom are effectively Defending and Condoning Despots, Liars, Cowards and Thieves!

Signed: Taken by:

35/. Please refer document marked page 31 attached to this Affidavit;

This letter is where Renée Emmanuel offered to donate her possessions/furniture etc, to charity as she had become homeless again due to the Actions and Omissions of Council. Even this attempt to give all of her possessions to the poor failed as Saint Vincent’s had reported that Council had obstructed their attempts to pick up Renée Emmanuel’s possessions.

36/. Please refer documents marked pages 32, 33 and 34 attached to this Affidavit;

These letters are from Queensland Premier; Anna Bligh and Karen Struthers MP, Jenny Macklin MP and Tanya Plibersek MP, these letters are addressing Renée Emmanuel and Michael Mathews’ issues of homelessness and homelessness generated in the Cow Bay District north of the Daintree river.

37/. Please refer to document marked as page 35 attached to this Affidavit;

This is eligibility for housing assistance through Housing and Homelessness Services. This criteria shows Renée Emmanuel’s eligibility for people who do not have access


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to proper Essential Services, such as; Electricity which is used for almost everything in our modern society including water. Also people with Disabilities would be regarded as homeless in the Cow Bay Region as Council has refused to supply or assist in the provision of most services needed.

38/. Please refer to document marked as page 36 attached to this affidavit;

Older women forced into homelessness such as; Renée Emmanuel. But of course we would imagine most of these homeless women would not have been forced into homelessness by their own Local Council!


Mr Tony Abbott MP has on a number of occasions urged Renée Emmanuel to continue to contact the Douglas Shire Council and now of course the Cairns Regional Council in relation to the many Health and Safety Issues including the Inability to use electrically operated Health Equipment such as; her nebuliser for Asthma, as she has previously described in her complaint and also added into the complaint of Michael Mathews under Exhibit G. Please also refer to refrigerator tests, Mosquito Control, Safety Lighting (especially for people with Disabilities), and Inability to charge overnight Mobility Electrically Operated Equipment.

Renée Emmanuel has previously described the situation where she has an Asthma Attack at night where she has to feel around in the dark for a torch or a candle, go outside in possibly pouring rain, slip and slide through the mud to find the generator in the dark, hoping that it still has fuel in it, starting the generator, slip and slide and sometimes fall in the dark into the mud to get back inside and finally connect herself to her nebuliser. Of course during all of this time Renée Emmanuel is struggling for breath.

What a Disgusting and Inhumane situation!

Signed: Taken by:

40/. Please refer to document marked as page 38 to this Affidavit;

This extract from the Port Douglas Mossman Gazette dated April 5, 2007, this clearly shows that Council had to an about face in regards to the mains grid electricity supply which they had been stopping from being completed going back at least as far as the early 1990’s.

As Renée Emmanuel through a great deal of hard work and personal expense had exposed the Council’s D.C.P.3, 3.2.- 3.2.1 a-h Document designed to trash ALL of the people’s rights in Common with ALL other Australians. Council voted to repair the Damages done here and proceeded to request that the State finally connect the mains grid electricity supply and Council then went further and lifted the secret ban on the mains power.

As shown on Exhibits numbered 84 and 85 of Exhibit R attached to the Affidavit of Michael Mathews dated 02.12.2010. And attached as Exhibits 39 and 40 to this Affidavit.

41/. Please refer to document marked as pages 41, 42 and 43 to this Affidavit;

This is a 3 page document of the United Nations Commission for Human Rights:AFFIDAVIT Name: Renée Emmanuel Filed on Behalf of the (party) Address: HomelessForm 46 Rule 431 Phone No: 0411303215

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Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power;

This document clearly shows the Internationally recognised best practice for Victims of the Political Violence and Apartheid for the treatment and assistance for the Victims of Political Violence and Apartheid, which has been clearly demonstrated in relation to the people north of the Daintree river and especially including Renée Emmanuel, the Complaintant in this matter as being a Disabled Person.

This is contained in the last 3 pages of Exhibit R attached to Affidavit of Michael Mathews dated 02.12.2010.


Mr Neil Hewett representing The Daintree Rainforest Community and as President of Tourism, Daintree Coast (inc). He has presented a Discrimination case of which the last page is attached to this Affidavit.


Please refer to the Photo ID Card at the bottom of the page, this is a card valid until the 30th June 2008, which I had to pay money for in order to be able to travel to and from my home. This is apparently unknown anywhere else in Australia for people to have to pay a toll to travel to and from their home. Council has also restricted our travel time, there was only 12 hours of access to and from our homes and Council had then extended this to 18 hours of travel.

Signed: Taken by:

Residents are forced to buy this Illegal ID card!

And is a forced contract upon us, which of course Council has also reverse responsibilities within this contract. Council are IN BREACH OF CONTRACT due to their NON DISCLOSURE, as they did not inform Renée Emmanuel that they had a secret ban on the power supply to the property that they knew she was establishing as her home.

Please refer also to Exhibit page 30 of Renée Emmanuel’s complaint in relation to the dangerous situation of NO ACCESS TO LEAVE THE DISTRICT IN A NATURAL DISASTER.

NEGLIGENCE AND ENDANGERING LIFE.

44/. As Renée Emmanuel eventually found out Council had been COVETING THE LAND AND THE RIGHTS OF THE PEOPLE and ultimately have done also to her.

Council has UNDERMINED THE WELLBEING OF RENÉE EMMANUEL. In many ways as is well known. After Renée Emmanuel’s Basic Human Rights were removed again by the new Council Administration stopping the mains power supply again, she and her Carer/Landlord had to abandon the property again due to ALL of the matters mentioned in her complaint. Please refer to letter to Commonwealth Minister for Health, pages 25 and 26 attached to her complaint. These are ALL AFFIDAVIT Name: Renée Emmanuel Filed on Behalf of the (party) Address: HomelessForm 46 Rule 431 Phone No: 0411303215

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Serious Health and Safety matters and added further to this was the inability to operate the property’s generating equipment which not only supplies electricity but also water. By having to start the generator many times this had mostly aggravated her former injuries to her hands. Then her Carer had to always start the generators and this caused his spinal injuries to become so inflamed that he could not walk. This is one of the many reasons of why he had to abandon the property before. At one stage he also had a Carer in order to operate his generating equipment, this was also a failure because his Carer could not find any other Work in the District nor do any Studies due to the Compounding Damaging Effects of Council’s Actions and Omissions.

My Carer has never recovered from the devastating effects!

45/. IN ALL OTHER AREAS WHERE STAND ALONE GENERATORS ARE USED, UNDER THE LAW, SUCH AS; OCCUPATIONAL HEALTH AND SAFETY, ESSENTIAL SERVICE OFFICERS ARE TRAINED AND APPOINTED TO OPERATE THESE GENERATORS.

The Court could visit Aboriginal Communities scattered around Australia and meet and speak with these Essential Service Officers themselves. All of this power generating equipment must also have H.A.Z.C.H.E.M. Approval and Registration.

THIS IS THE LAW FOR HAZARDOUS GOODS AND CHEMICALS.

Signed: Taken by:

46/. As far as is known the only people that have Lawful Safe power supply is Mayor Berwick and a few of his Neighbours and the Public Servants (whom are the few people that have jobs in the area) also have power and fuel supplied through Government Departments. It appears as though they basically get power for free.

Another example of the Depravation of Healthful Refrigeration is when Susanna the Editor of the Local Newspaper told Renée Emmanuel’s Carer; “that her sister was driving backwards and forwards every day or two from Cow Bay area to Port Douglas area in order to use the Editor’s refrigerator because her food kept going off in her refrigerator in Cow Bay”. Refer also to the very ill Cow Bay Resident, Mr Kevin MacDonald mentioned throughout Renée Emmanuel’s complaint.

47/. Ultimately due to the Extensive Trauma, Stress and Anxiety in relation to Renée Emmanuel’s treatment by Council she was diagnosed with Severe P.T.S.D at the Mayo clinic in Taree, NSW. This Trauma is far more than Post due to the ongoing homelessness and total social instability in her life caused by Council.

This will persist until Justice is done.

48/. Renée Emmanuel continued corresponding to Council causing further stress and Financial Expense and whilst living in a Homeless Shelter in Victoria, but Council still refused to tell the truth and again failed to inform her that they had stopped the mains electricity supply to the property that she had established as a home and where all of her possessions still were. Council was well aware of this before she was DEFRAUDED again, due to Council’s FAILURE TO DISCLOSE THE TRUTH.


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Previously at least Council had been charging fees to people for camping on their own properties, even though they had nowhere else to live and had no security of tenure to establish their homes. Council Officers had already been known for their unspeakable behaviour of slashing the tents of homeless people and emptying out their water containers etc.

49/. Again please note that homeless landowners are not eligible for Centrelink Rental Assistance nor are they eligible for Government Assisted Housing.

50/. Clearly it is now well established that Council has been stopping the services and mains grid power supply. Council has claimed that they have not done these things.

Council also claims that they have not been involved in any Unlawful Practices.

Council could have quite easily prosecuted and gotten rid of those amongst them acting Illegally, Unethically or Immorally after Renée Emmanuel did the hard work necessary for Justice to at least begin to occur after this work exposed the secretive behaviour of Council and the Extraordinary Council meeting was called for on the 3rd

of April 2007 and the Special Council meetings held in the previous couple of months. But they chose to allow further Disgraceful Behaviour to continue, thus also trashing the life of Renée Emmanuel (the one working for the best interests and Justice for the people. Her life has been trashed since and this is still occurring to today).

Signed: Taken by:

51/. The Court and all Queensland Judges in the interests of Justice and especially in matters involving Health and Safety should read Renée Emmanuel’s full complaint in order to gain a better understanding of the problems that can occur when Councils or Governments and Authorities fail or refuse to provide proper services in common to ALL Australians.

This information can greatly assist anyone involved in Legal Matters concerning the Health and Wellbeing of people (human beings). The Affidavit and Exhibits contained in Exhibit R to the Affidavit dated the 2nd of December 2010 by Michael Mathews would also greatly assist the Courts and ALL persons involved in Governments or Authorities to gain further knowledge of the above.

52/. Please refer to document marked as pages 46, 47, 48, 49 and 50 attached to this Affidavit;

These documents show that ALL properties were purchased in GOOD FAITH for the Owners use and or the use of Residents renting properties such as the complaintant Renée Emmanuel. And show the Rights for people to have their services including mains electricity supply.

Page 48 points out the importance of Equity to allow for the Quality of Life and Economic Wellbeing for Community Members in order to allow for the Residents to Prosper.

ALL of these Common Law Rights have been REMOVED FROM THE COMMUNITY.


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points to the Excessive Noise and Fumes from Generators causing Enormous Pollution, this also points to the NEEDS for the HEALTH and SAFETY of the Residents and the Potential for Personal Injury from using Alternative Energy Systems.

Refer to paragraph 44 to this Affidavit and in numerous Exhibits on Health and Safety matters.

Page 50 mentions the importance of the NEEDS with people with Disabilities and Council has REMOVED ALL BASIC RIGHTS FOR PEOPLE WITH DISABILITIES.

Refer page 20 of attachments to this Affidavit; ‘Absolutely Everybody’. Where Council is in BREACH of this Government Program and the National Disability Strategy and the United Nations Convention on the Rights with Persons with Disabilities, i.e. Renée Emmanuel the complaintant is a person with Disabilities.

Signed: Taken by:


This is Council’s Commitment to the people. It is quite clear to see that ALL points in this Charter that Council has been knowingly for many years in BREACH OF. It is quite clear to the Reader that Council is in BREACH of ALL these Commitments to the people north of the Daintree River.

54/. A young 23 year old man was killed by Generator Fumes near Ingham, Qld in approx 2005.

55/. A Father and his son recently died of carbon monoxide poisoning from the Fumes from a Gas Refrigerator. This was recently reported in National News. The people such as the complaintant; Renée Emmanuel have been and are continuing to be at least slow dosed poisoned as they had to use these Toxic Alternate Refrigerators which Council had Forced them to use by their CHEATING, TICKERY AND DECEPTION, SECRET POWER BANS ETC.

56/. Some people are living in shipping Containers, Tents or under Tarps, just like Third World Refugee Camps. Many people have had to abandon their Properties and at least some of these are living on the Streets in our Cities.

Refer my Carer has had to do this, especially when he was not Eligible for Rent Assist or Government Housing.

Refer to photos contained in my complaint, page numbers 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28 in relation to Dangerous Living Conditions and i For proceedings commenced by Originating Application for “Plaintiff” substitute “Applicant”

ii For proceedings commenced by Originating Application for “Defendant” substitute “Respondent”AFFIDAVIT Name: Renée Emmanuel Filed on Behalf of the (party) Address: HomelessForm 46 Rule 431 Phone No: 0411303215

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Alternate Camping conditions and the Home that Renée Emmanuel had set up for herself with the help of her Carer and Landlord.

NO WONDER SOME PEOPLE HAVE TAKEN THEIR OWN LIVES FROM DESPAIR!

The complaintant Renée Emmanuel believes that she would have died if she had not been able to escape the evil situation again. But of course she had to abandon the home she had worked hard to establish and at great expense and had to leave ALL of her belongings there.

57/. The complaintant is now stuck paying $350.00 per week rent with the help of her Carer whilst both are only receiving Disability Pensions as Council had DESTROYED THE BUSINESS of Renée Emmanuel’s Carer.

58/. Mr Neil Hewett of the Daintree Tourism has stated that he has knowledge of Secretive Deals Done between former Mayor Berwick and Graham Richardson of the Australian Labor Party and he could provide information to a trial by Jury if needed.

Signed: Taken by:

59/. The Council has knowingly and with INTENT carried out their ACTIONS and OMISSIONS which have RUINED the Life of Renée Emmanuel and many other Residents.

Council has shown NO LAWFUL JUSTIFICATION for their Behaviour of LYING, CHEATING AND THE USE OF TRICKERY AND DECEPTION TO DEFRAUD Renée Emmanuel thus causing MASSIVE DAMAGES AND LOSSES to herself and many other people, including her Carer; Michael Mathews.

60/. AS COUNCIL HAS SHOWN NO LAWFUL JUSTIFICATION FOR THEIR ACTION AND OMISSIONS AND THERE IS OBVIOUSLY NO AVAILABLE LAWFUL DEFENSE AND OF COURSE DUE TO THE EXTREMITY OF THE DAMAGES THE MODE OF EXECUTION IS IMMATERIAL.

61/. Obviously the writing of King Solomon applies in this matter;

Where he writes; “I have known the folly of madness and the evil of insanity”. Obviously this situation is beyond madness.

Council’s earlier solicitors in these matters; Greer & Timms had the Humanity and the Wisdom to refuse to act for the Council any longer.

If you put the contents of the D.C.P.3 Document 3.2- 3.2.1 a-h in Action you therefore have a brand new Apartheid Regime. This is what has happened and both Regimes Council; Douglas Shire Council and the Cairns Regional Council are fully involved.

AGAIN, THE MODE OF EXECUTION IS IMMATERIAL.

62/. Unlike the Wivenhoe Dam matter in Southern Queensland where the cover ups and Falsified or Forged Documents (Reports) have been Exposed in approx 12


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months, the matters of this claim in North Queensland have been covered up, HIDDEN FOR MANY YEARS.

“There is nothing covered up except for the express purpose of being uncovered”, Jesus Christ.

63/. This matter needs to be dealt with the same as the matter of Cornelia Rau vs. the Commonwealth, where the Commonwealth was the Defendant even though other parties were in error. The Council is the Principal Offender in this matter and they should pay the Rightful compensation to the complaintant; Renée Emmanuel.

64/. We also wish to rely upon the Laws of Estoppel if needed and in the matter of Michael Mathews vs. The same Respondents; the Principals of Estoppel most certainly applies.

Signed: Taken by:

At the end of the body of the affidavit:

Sworn [or: Affirmed] by Renée Emmanuel and Michael Mathews on

at in the presence of:

Signed:

Deponent

[who certifies that the affidavit was read in the presence of the deponent who seemed to understand it, and signified that that person made the affidavit. (If required: see R. 433(1)].

[who certifies that the affidavit was read in the presence of the deponent who seemed to understand it, and signified that that person made the affidavit, but was physically incapable of signing it. (If required: see R.433(2)].


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