IN THE MAGISTRATES COURT OF QUEENSLAND
HELD AT CAIRNS
loulia Mossevleva
( "Complainant" )
JEFFERY FRANCIS LEACH
("Defendant")
 
WRITTEN SUBMISSIONS PREPARED ON BEHALF OF THE DEFENDANT
A.	NATURE OF APPLICATION:
The Complainant seeks an Order pursuant to the Alleged Stalking Allegation Act 359 D ("the Act") pursuant to a complaint and Summons filed herein 21 / 05 /2003.
B.	THE DEFENDANT:
The Court is able to take Judicial Notice of the following:  
1. The Defendant: -
1.1	Is a Justice of the Peace (Qualified) J.P. and
1.2	Is a Serving Voluntary Member of the Queensland Emergency Services S.E.S. and
1.3	Is a James Cook University Student with Major of Criminology Studies?
2. It is therefore submitted that it is not only appropriate, but highly desirable that this Application be determined expeditiously.
c. RESPONSE TO APPLICATION:
1. The Application is opposed:
 
 
WRITTEN SUBMISSIONS PREPARED	Jeffery Francis Leach
ON BEHALF OF THE DEFENDANT	Criminology Student
1 Healy Street
CAIRNS QLD 4870
Tel: 40562446
 
2.	Even if the Application was accepted at his highest, which for the purpose of this Submission this Honourable Court must do so, the issuing Justice could not have been satisfied to the requisite standard to issue the Complaint and Summons: and
3.	The Complaint and Summons should therefore be dismissed.
D.	PRELIMINARY MATTER:
1.	To the average learn red person the complaint lodged is to be considered as "Hear Say" in "Common Law" and without substantiated proof.
2.	It should be duly noted by the Cairns Magistrate Courts the Defendant in actual fact did lodged Anti — Discrimination Complaint with James Cook University personnel.
3.	In actual fact the Defendant did follow University protocols with complaints to Equity Officer, Harassment Officer and Student Association against the complainant.
4.	The Defendant did actually attend Smithfield Police Station and was turned away with complaint. Further the Defendant explored addition complaints with Cairns Police Station and was also turned away.
5.	Thé Defendant was entering a plead of "Not Guilty" to Complaint and Summons.
E.	RELEVANT LEGISLATION:
1. The Act came into Prominence in the Year 1991 it can argued that in actual fact Queensland Judges dispute elements of the said Act. Sections 359D (a) and (d) and provide relevantly as follow:  
a) Complaint in respect of breach of the Act
(1) The Complainant did in actual fact use the Act as a tool and it could be argued the Complainant did use the Act as an abusive process of "Power". Despite the
Complainant making Unwanted Sexual Symbolic Gestures towards the Defendant. In actual fact the Defendant did lodge Anti — Discrimination Commission Complaints to James Cook Universities in Cairns (Smithfield Campus) and in Townsville against the Complainant.
F. APPLICATION OF FACTS
1.	Accepted at its highest, complaints by the Complainant revolve around alleged allegations related to the Defendant exiting the James Cook University Library Doors allegedly coughing and proceeding down a pathway 60 meters to a constructed footbridge where the Defendant allegedly sat below the constructed footbridge at a table setting and allegedly had stared back at the Complainant. Further the Defendant walked down hallways within the University Building's allegedly where the Complainant had been standing it is alleged that the Defendant had continued to make coughing towards the Complainant.
2.	The Complainant alleged dated 21st May 2003 that the Defendant had allegedly approached the Complainant at the University Library and that the Defendant had allegedly circled the Complainant's desk and that the Defendant allegedly coughed (Medical Certificates offered by Dr Russell d'ScarIett between dates 7th May 2003 and 29th July 2003 Dr Gopalapilliai Shrasambu).
3.	Additionally, it was alleged the Defendant had re-offended dated 23 rd May 2003 between the hours 4.00pm — 5.00pm it was alleged by the Complainant on the first floor of the James Cook University Library that the Defendant had allegedly pulled faces and allegedly the Defendant had stuck his tongue out at the Complainant.
4.	Furthermore, it is alleged the Defendant dated 25th May 2003 between the times of 1.00pm — 3.00pm the Complainant alleged the Defendant had approached the Complainant and allegedly coughed in the Complainants direction (Medical Certificates offered by Dr Russell d'Scarlett between dates 7th May 2003 and 29th July 2003 Dr Gopalapilliai Shrasambu).
5.	The Complainant alleged dated 13th June 2003 12.00 Midday that the Defendant had approached the Complainant at the front of James Cook University Library and accuses the Defendant of coughing and further alleged that the Defendant sat down on a bench outside the front of James Cook University Library front entrance and that the Defendant stared at the Complainant (Medical Certificates offered by Dr Russell d'ScarIett between dates 7th May 2003 and 29th July 2003 Dr Gopalapilliai Shrasambu).
6.	It is submitted that the grounds of Complaint, accept at their highest, could not have satisfied the Justice, on either tier, to exercise his discretion to issue the Complaint and Summons.
1. ORDERS SOUGHT
Having regard to the matters referred to herein the Defendant maintains: -
1.	There was no basis, or no proper basis, for the issuing of the Complaint and Summons by the Justice because of a failure to comply with Section (a) and (d) of the Act 359 D Particular conduct that is not Unlawful Stalking does not include the said Sections (a) and (d) of the Act.
2.	Such failure by the Justice makes the subsequent issuing of the Complaint and Summons "ultra vires" 
3.	Such a failure cannot be cured retrospectively: and
4.	Consequently, the Complaint and Summons should be dismissed.
DATED at Cairns the 28th day of September 2022.
 
J. F. Leach
Self-Represented