These are my thoughts while translating my late mother's poems so romantic (still work in progress while I do translation from high Nepali to simple English)

MOONLIGHT ALSO BURNS




- By Rajya Laxmi Rana

(Circa 1968 AD)



Dew drops like embers of fire

Mind is alighted with fiery maelstrom

Between countless stars

Dim lighted quarter waning smiling moon

Moonlight also burns.

(Poems section)



Who likely is that?

Vast dreamlike state of the sky

Has reached that level with the flight

This two winged flight of my thoughts

Coming right in the middle and trying to cut it,

Who likely is that?



With vast affection laden love

Against this ups and downs of life

More disturbances causing in my sweetheart

Continuously oppressing, you try to smile

Who likely is that?



The Simal trees dispersing its cotton fluff like clouds in the air

In the emotive explosion of floating aims

Pushing more and more in the aimless direction

In the silence making it disappear

Who like is that?



In the silent of the eventless night

Smashing that silence by violence

Including the dream world

Causing so much disturbances

Who likely is that?











Badly damaged rhythm’s of my sweetheart

More and more making it darkly excited

Already in the drowning of the dark clouds

Trying to push me in the dark holes

Who likely is that?



My mother was ten years younger than my father was. I was born in 1955, and my mum or mami told me she was 20, when I was born. My father was an alcoholic psychotic. When not drunk he was just like his namesake Hindu God Shiva in the incarnation of being Lord of the animals or Pashupati. In other words, he was very easy to please, and people knew his weakness and that was his love of alcohol. They could bribe him with alcohol and get whatever he had under his power in all aspect of his life. When drunk he was like Dr. Jekyll the sadist and masochist. Therefore, my poor dear mother was facing this man with a split personality like Dr. Jekyll and Mr. Hyde in such a young age. This is mine interpretation and translation of my late mother’s poem that I care to share with you all!



She came from a sheltered family with tremendous love and her parents never bashed her. At most, Malla grandma had the habit of pouring cold water on any hot heads. Everything was known about my father dear. He was likened to that of ‘Hitler’ by his own mother, a Thakuri ‘dola’ or a groomed woman by Chandra Shamsher’s family and arranged in marriage to my late grandfather. She henpecked all around with malevolent firestorm. My father’s younger brother is just not like him and can never say no to anyone. I fear that my father’s psychosis of alcohol was passed down genetically. This was when Chandra Shamsher used my grandfather’s father as a hostage after he sent Maharaja Dev Shamsher into exile after taking power in the early 1900s.



When great grandfather was a hostage, Chandra Shamsher provided him with plenty of women and wine. He died at the early age of 30s and living behind many children, wives and concubines behind in poverty and love. Dev Shamsher was very rich as he had inherited two times, and Chandra Shamsher took possession of all the great jewels that Maharaja Jung Bahadur had looted at Lucknow from the Muslim Nawab, while assisting the British in the Sepoy Mutiny of 1850s.



I feel my father acquired that alcoholic gene and perverse narcissistic and borderline personality disorder from the coldness of his mother, a control transplant of Chandra Shamsher. This poem ‘Who is that?’ disturbingly echoes in my mind when I was 13 and it was 1968. It was just about the era when Kathmandu was going to be swamped by the ‘jet age’ ‘Hippie mania’ ‘free love’ ‘youth of Nepal dropping out’ and much more. The Chinese were almost finishing the road from Kathmandu to Tibet border and the Indian’s had already finished road from Kathmandu to the Indian border. My father was generous and was organizing picnics and outings for my mum’s youngest brother. So alcohol, Beatle’s songs, rumba, cha cha and all those stuff was a rage mixing youth, fun and frolick. I used to get waken in the silent night of Kathmandu with someone of the rage party smashing bottles of alcohol or violent incidents occurring between themselves and so on.



I can imagine what my poor mother was going through and I am reflecting her moods and silent sufferings amidst this rising scene of western influence that my Sudarshan Mama (my youngest maternal uncle) with his friends from St. Joseph’s College aka North point in Darjeeling were doing. After all, my mum was the hostess and she had to put up with all the emotional and physical mess. My beloved and youngest maternal uncle with another bright and rising uncle (Prabhakar S.J.B. Rana) and another relative were killed in a car accident related with alcohol in kilometer 33 of the new Chinese built Kodari highway. My maternal uncle had been married only few years and left a baby daughter Shrijana and just born son Niraj. He was just finishing his Masters degree. Uncle Prabhakar was selected as a military attaché to Russia and the other relative was selected for an officer’s training with the Royal Nepalese Army.



I can imagine the loss my mother must have felt at the loss of her youngest brother. She had witnessed in her childhood deaths of few elder brothers and sisters; as Nepal had very high infant mortality rate before 1950s, when no motorable roads existed and the Kingdom was closed to foreigners by the Rana clans controlled by Chandra Shamsher’s eldest son.



Under these tensions that my mother’s oppression grew and she stopped writing any poems, songs and short stories and much more. She knew how she was being burned alive by ‘Moon’ related residue or the ghost of Chandra Shamsher (Chandra means moon in Nepalese). All those who came out in moonlight were alcoholic lunatics, as luna means moon. However, her oppression related lunatic suffering as she calls Joon means in Sanskrit the feminine aspect of the very moon. So why was this female moonlight burning the feminine desires and aspirations of my dear beloved late mother? I ask you to journey with me to fathom her tensions beyond the dark clouds that shadowed the smiling waning and waxing moon as a paradox of her life or that could be our lives too. This is the celebration of her life.



Beloved Is Likely Waiting

In the rising dawn of silent nature’s realm

With the lilac colour of the crack of dawn

Taking the pulse of my sweetheart’s breaking point

Beloved is likely waiting.



In the wavy wavelength of impulses of desires

Like the flow of the sea waves to the shores

This life’s boat is rowing towards shelter of the safe haven

Beloved is likely waiting.



In the mourning silence of the new dawn

With the hopeful, deem waiting

Taking it with the rising painful waves

Beloved is likely waiting.



In the cool marching towards the level headed peak

Seeking the dim fire mind

Behold…

Beloved is likely waiting.



In the painful heart’s massive wound

In the already tired imagined thoughts

Burning only the bright light of far away memory

Beloved is likely waiting.









In the deep sleep of remembrance

Doing the traveling of the dream worlds

With the hope of meeting someone sweet

Beloved is likely waiting.



Taking that life raft ashore

Seeking and searching that shelter of life

Dried up sweetheart’s deep desire to meet

Beloved is likely waiting.



Blowing the bugle of this dream of life

Calling for the pain of past to rise more

Gentle sea waves with dreams moving to the shore

Beloved is likely waiting.



In the imagined community of this universe

Making the garland of hope

Looking below with dim smile

Beloved is likely waiting.





Much Affection

With much affection

Beloved! You, me, and another destiny

You have just shown me that road.

Half-conscious full unconscious

More than me was that affection

That glass of wine was near you.



More than me forever

You always followed her

That is why you have parted my present

For her you have remembered as your future

You have loved her afar more than me.



In that, I did not have any loss,

Instead of being a living corpse and crawl

I had begun a search for another life

With that vast affection for you

It has taken the side of my violence,

However, I have to live much longer

Beloved! Your violence

With your cruelty has not yet killed me.



That vast affection has –

For life it has been stable and taught me to be alive

It has also taught you to be alive.

This is my dedicated sacrifice

For your unconscious movements

Too faraway it has pushed you.



Therefore, beloved! From now, that is wine

Do not think as an empire of honey

For my onerous breathless settlement

For my known life path

Consider a traveler, follow me wherever

In this path with mine footsteps.



































I remember my sweet mum in 1968 trying to save my violent and alcoholic father with all the wits she had. Such punishment she had to undergo from a blind drunk and these two poems show the levels of her trauma in that young age. Her father had sacrificed her as a bad omen to him as the first infant survivor, and she was not a healthy child. My mum told me how her nanny nursed her to life. She survived the predictions of the superstition mongering Hindu Astrologers. Her father had to sacrifice her to a well-known drunk Rana, so that my mother’s younger siblings could marry more wealthy Ranas. It was the strategy for creating a precedent. Whatever, the tensions were that my mum tried to hide the beating of my father.



Sooner than later, my mum’s nanny reported to Malla grandpa and grandma about her sufferings. They did nothing about it and my mother had nowhere to go. There was no women’s shelter so that she could cut away loose with me and my siblings under her arms. Her younger sister was far away in another faraway land, her younger brothers could not do anything to save her from such violence.



I can imagine that she was lonely as my father drank and was useless to her in love with too much alcohol in his system. My late father dear constantly cheated my mother. He was always sleeping with other maidens and women, and that was more to cause my mother to be desolate as a truly dedicated wife for the first decade of her young married life. It seemed that my father was spending on backyard abortions of the maidens whenever they were pregnant. All these too much information really caused me to be angry against my father.



My mother no wonder considered herself a living corpse and just crawling with so much burden in her mind. That is what a comatose husband for her, and a father for us he was drinking excessively day in day out at all cost. He would be more violent to anyone who tries to stop him and for his drinks. He accused my mother of dishonesty when he came out of his wine filled body a wee bit sober, and made us all confused. Perhaps that is why I went to hate my mother so much as well like my late father. My mother did not leave him in time and that was against the moral fiber of a Hindu woman. She was to leave him when he dies and that she should had burned with him in his funeral pyre called Sutee. Then she would be called the Goddess of funeral pyre. Perhaps that is why I vehemently refused to burn them both as a loyal eldest son in theirs deaths some twenty-five years apart. I have given all the possessions that my father and mother had made in theirs’ lives as their property to my younger brother. I refuse to accept anything from them, as they also burned me beyond theirs’ grave. Forget the sun, moon and stars that burn as it is the course of Mother Nature, and after we die, it is perhaps we all becomes stardust.





















CHANGES

From ages and ages on the other side of the riverbank

Lying that is me, like a waiting corpse

Hugging that situation is mine

With the lifeless mental movements

I am getting consolation with this involvement.



Hopes of mine that do not depart,

For my wishes and thoughts

The ripples of the sea have already washed it.



With the unsealing and unfeeling mortal wounds

With the self changes around

It is burying me.



With the long-long moments of waiting

It is causing me in gaining confidence in remainining buried alive

If ever, my dreams are ever going get achieved

I shall perhaps run with it like a symbol of a statue.



Moreover, that I am the suppressed with all the footsteps

I will definitely be in the high pedestal of respectful position.



- In the Nepalese era 5/8/2025 or circa 1968 AD -







MOONLIGHT ALSO BURNS

At the mourning silent of the dark night

When I am tossing and turning around.



Like white cotton fluffs my tortuous thoughts flies in the dark clouds-

With rising momentous moments to reach near the Himalayan high peaks

With the waves and waves of desolate cloudy thoughts

It goes to fly here and there and nowhere.



She has no personal directions,

Neither has she had any stability of support

Far away in that afar direction

Only with the mourning howling of the stray dogs

Suddenly breaking of my deep wounded sleep

With the desolate beats of my sweetheart

The story of my enmeshed life that has already spun

My whole world starts to shake like an earthquake.



Dew drops also like embers of fire

Mind is alighted with fiery maelstrom

Between countless stars

Dim lighted quarter waning smiling moon

Moonlight also burns.



Nepal era 17/8/2025 or circa 1968 AD





It was 1968, and there were many changes happening in my mum’s life. She had with the help of our generous maternal uncle Sardindu Malla and maternal aunt Rama Malla achieved her seed money for a dream home for the first time at Maharaj Ganj. My father’s Royal Nepalese Army salary was a pittance and that she also went to work at Mahendra Adarasha School located at Thapathali as a Nepalese teacher. With her salary as a supplement, we just could afford school and little bits and pieces of life. Time to time Maternal grandma used to help around and this was frowned upon by my Rana grandma as being shame to her household and my mum used to receive the hatred filled cold.



Surely, the most important people around her from my father’s side were cold and callous. However, I could not say that for my father’s younger brother and sister. They loved her for her generosity. She had tremendous affection for them as well. In fact, my poor old henpecked grandfather cared for her in his own ways, he used to drop by out of his wife’s sight and spies (to borrow money for his sweet tooth). He was to me a character like Laurel, full of mischief and he collected characters and clowns around him to amuse his only daughter. He was generous to many Shivite Hindu holy men and they used to surround him for food and shelter and enraged Rana grandma. Rana grandma had devotion for Ram and Sita with lots of pompous ceremonies. Yes, my cousin Sangeeta mentioned these days of her memories about our ancestral home in Thapathali.



She used to visit us from next door from her ancestral home with her nanny and see the antics of my dog Nicky and a parrot that was awesome and a gift from my mum’s nanny already old and shriveled faraway in the plains of Hetauda. My ancestral home was full of music. My dad’s only sister was excellent in playing Sitar and many well-known classical musicians of India and Nepal came to visit her. My grandfather was an accomplished Karnataka Indian classical music aficionado. In fact, Sangeeta’s grandpa was more accomplished in traditional Hindu and Western classical music (eg. he could read and write music for Piano and loved his sonatas of Bach, Beethoven and much more). Sangeeta’s aunty Bina was involved in Radio Nepal’s daily English news and was always involved in organizing some drama or some events at important venues. Then we lived side by side in neighborly atmosphere with lots of extended families around. I had my dad’s nephew and nieces who were equally accomplished musicians and involved in Radio Nepal. Many important songwriter, lyricists and singers of fame were coming and going.



In this hive of arts, songs and drama alas my poor dear mother was truly lonely for love arising alcohol problem of my father, and no one could lend her support and there just was no structure in this closed Hindu conservative society. However, all knew how much my mother suffered. Then, they all knew that my violent father would avenge any one who supported my mother.



At that stage my father was a Battalion Commander and was a Lieutenant Colonel and based around Kathmandu, valley. He was away and my mum was lonely. We got visits from uncle Prabhakar just before his death that he was around my mother. He had lost his mum as a small child. He considered my mother as his own mother. He always contributed her at times of her needs of financial owes. Like that, my youngest maternal uncle was also generous and always helped my mum. I mean both would die soon in a car accident, but they were strong pillar of support to my mum. This young maternal uncle always hung around my mum with his friends from Darjeeling. One of them was Tom Cris, and is now a well known Interior Decorator and married to an Australian. Others went to be very successful in theirs’ own chosen fields and they always had high regards to my mum just like theirs’ own big sister.



I guess my young maternal uncle was also being burned with his own worries, and King Mahendra has commanded him not to see the future queen of Nepal, the late Aishwarya and he was going around to Sunkoshi riverbank to drown his sorrows a lot. I was lucky that he did not take me with him when he died. Just few weeks before I had been with him in his jeep. He loved a corner of the Sunkoshi river valley to drink alcohol served by young girl and she may have resembled his lost love. Always, the moonlight and its ray in this river of gold looked so awesomely romantic. Yes, that night my uncles died, my mum also was another car for a picnic. They never turned up for that picnic.



Few days later, some leopard hunters found the dead corpses of our dear relatives hundreds of feet down the gorge, after the Hillman Hunter car had fallen below on the other side of the river gorge. All were pretty badly smashed up in theirs’ mortal wounds in one of the first and horrific car accident. Rumour was rife that my uncle was involved in drunken car race with another distant relative, who worked in the Central Bank of Nepal in a high position. This Thapa relative was seen with few European girls and for show off the car race ensued, and car race, alcohol and rock falls and mists probably contributed death.



I can imagine all the tension that my mother was taking and I am able to identify all the symbols and images of her momentous movements of her suffering in agony, loss of romance, youth, normality and support.



















When Will Be That Dream Become A Reality

This sky, this earth,

As it is as it was.



Mentally silent father sky

Everywhere fertility has laden green mother earth.

But, my mental thoughts

Are just rising,

Just like the waves of angry sea.



Ferociously arising painful thoughts of torrential rain

Like the unfreezing cold hurricane

They are falling off like in the form of my teardrops.



When the clouds clear off father sky

I become normal I become fresh

The rains make the mother earth luscious

The scale of law she smiles.



However, my mind is always full of dark

Clouds hanging and making me cluster phobic

There is never any ending for them.



In the explosion of my deep memories

There is always a hurricane gale force blowing.



When the clouds clear off, father sky seems to be smiling

After the tearful raindrops, mother earth seems to be enjoying

When will be mine divinely Dreams become a reality?



Nepal era 17/8/2025 or circa 2025 AD

Those days in Thapathali the place of my birth and sweet childhood home. Sangeeta used to visit us, when she was around from Shri Lanka. If she remembers my mums Pakodas in artistic forms then, so sweetly it was true that she made them in most delicious manner. My mum also had trained to be a home science teacher and she knew all the Indian traditional recipes that a good homemaker always needed to know.



My mum was truly a good homemaker. She loved to do gardening and was natural green finger and everything she touched grew in abundance. I remember her cooking potato and bamboo shoot curry and it was our favorite. In her mother’s household, there were many people cooking plentiful of food for more than two dozen every day. After all, it was the household of a big landowner. There was all the cuisine that Nepal and India knew being prepared in all year around for my maternal grandma who was very pious and many guests would come to those many and never ending summer and winter sun and moon festivals.



My siblings and Sangeeta’s siblings would remember those glorious childhood days of never-ending summer and winter festivals. No wonder, now Sangeeta is so good in organizing festivities and special events. She calls it her Infinity International and rightfully so.



I love organizing special events and festivals too. I have done a course of this. The formula for a good festival or special event is the power of organization, coordination, control, planning, leading, motivation, which are all management functions. Thus, all the elements of functions like financing, marketing, human resources, production and much more need to be well though of well in advance. I know that for festival of arts or festival of ideas, it is based on vision, mission, objectives, strategies, tactics and operations.



I hope that one day my dream to create a festival of sky and earth in remembrance of my mother will truly make her imaginations to be a reality one day someday.





You Do Not Come

I have my own settlement

Full of ever green, and it is a blissful world

In that to cause any instability

You do not even dream coming.



In one-one kernel of united moment

My mental temple stands

In that being like an earthquake-

You do not even dream coming.



In the heights of this whispering windy summit

With the moving-moving and shaky voice

In many talking in tongue added sounds

You do not even dream coming.



Far afar from the distant memory

In the forgotten memory’s snap shots

By painting rainbow like vivid colors

You do not even dream coming.



- 17/8/2025 Nepali era or circa 1968 AD -













Daily Do Not Ask

I need very much

Your drunken eye’s explosion laden expressions

Inside my eyes, make it sit down

Forever taps of my flowing teardrops,

Daily do not ask, what do you want?



With your half baked troubles

I will give you my half-baked burning pains,

Your troubles with my burning pains mixing

We will remain together in this lifetime

Daily do not ask, what do you want?



I need the smoke of your burning funeral pyre

When in that burning pyre my soul has

Searched you in that dense smoke of death

I shall take you before the Almighty God,

Then you may say

‘What have you done this for?’



Before Almighty God, I will say-

Please Lord before you this

Why have you made one soul with two lives?



Being tied in the religion

By knowingly for my love

I have broken it,

The forever you may say,

‘What have you done this for?’

This will be ‘his’ decision

Religion is for humankind, and love is for the Gods

In the religion seeking death world

You have lost all the bets of dice

In the Godly world, loss is his, and win is yours

Now on daily please do not ask

What do you want?



I was very worried reading about Charmine Clift and her breaking relationship with Johnston. Many article pointed to the fact that her husband significantly contributed Clift’s suicide. I am tracing the same type of tendency in my mother from 1968. I do not know what type of poems or short stories or songs she wrote for infant Radio Nepal before my birth. I am confident that she was not as desolate as she was getting bug down with her domestic chores.



I was suddenly taken aback by the words of my dear uncle Himalaya, who has in the first starting few pages invites all to take taste sample of my mother’s creativity. This uncle is really a great human being as cool, calm and collected like the great Himalayas. His success all over as a UNO diplomat and in his retirement as founding father of the Himalaya Bank and many other social ventures are source of inspirations to many Nepalese afar. He also lost his mother young, and was reared and nurtured by his nanny a colorful Newar lady (called Roshan or by us Taata Aama) with craggy old, and weathered face and lots of oral history of Nepal. I will reveal her observations later. Uncle Himalaya pays tribute to my mother just like his own mother. The words he expresses are sensitive, affectionate, multi-linguistic personality and full of literary talents who took shelter in its safe haven.



Uncle Himalaya observes that my mum wrote these poems, songs and short story in her first decade of married life. In this phase, the expressions are full of life’s excitement like fleeting of the time, about the beauty of nature, and bliss of life. Then after that as her conjugal life and family life became burdensome with responsibilities she felt suppressed and her pain started to flow in her poems in the form of injustice, exploitation, pain, depression laden difficulties. The soft and teary expressions are in affective flow of presentation that we all can taste now.



His assistance and guidance in this project has been significant with his equally supportive and generous family. I am eternally indebted to them all.



If my mother is symbol of tragedy then Himalaya uncle’s consort or my aunt is the symbol of comedy. Her life is never boring with many projects and activities around until perpetuity. She has created many landmarks around Kathmandu like her art deco ‘Rocket House’ and much more. She is spontaneously bubbly and effervescent in her personality. She is not like my late mother but poles apart, and they looked uncannily close in appearance. She fell in love and got Himalaya and great catch that was unheard of in Kathmandu about the early 1950s Nepal. She was always a trendsetter and the lucky one, and the apple of her parent’s eyes. I will talk more about her later.



Yes, about Taata Aama and she used to come down before my late mum. She felt lonely as uncle Himalaya and family were overseas with UNO postings. She was a great joy and my late mum made her talk about her life and times in the household of the Dev Shamsher family. The most important piece de resistance was her song about Maharaja Jung Bahadur’s tusker elephant running amok. She used to sing “Raja ko Haati phutecha rati, pugecha Bagmati!” This was her error of Nepali as she was a Newar and could not express “chutecha” like Chinese not being able to express ‘R’ with ‘L’. the song that she meant was that the translation: “The King’s elephant broke (exploded) loose in the night, and reached Bagmati river”. Her expression instead of broke got heard by us like exploded and that was the basis of our laughter and delight having her around. She treated us like her own children as she missed uncle Himalaya and his family very much. She used to cook special Newari dishes, and my mum really loved those goodies prepared by her loving craggy and wind swept face and hands of many years old. I used to ask her age and she used to express in her unique way like “I am 20 years times 7 plus 5”. As I was young and heard her to be 20 times 7 plus 5, she almost collapsed with fright as she felt suddenly being 145 years old lady luck. We all burst with great laugh and felt worried for her. That was my sweet childhood with simple fun, food and frolic under my lovely mum.



Sunday, August 31, 2008

















Depressive Life

Come towards the crack of lilac dawn

Today take a bizarre oath

This is our mutual date

Consider this date between us being the last

Because, this last date it is the death of our love.



In the afar rosy horizon

Look at the hiding bright sun,

The black gloomy clouds are casting over

Making earth mother very depressed.



Because, depression is started to begun in this life.





Teardrops! Do Not Rain Like This

Hello my dear pal in silence!

If you ever have any sympathy for me

I welcome you, I will claim you to be mine

Only in silence, in the early crack of lilac dawn

However, before everyone tear drops!

Do not rain like this like this.



In your hearth, I find peace,

Because, the weighty burden of my mind is lessened.

However, I have regularly tremendous confusion

Because there should be, no complaints expressed

That is why – teardrops!

Do not rain like this like this.



Making the rhythm of my heart upset

Within the afar boundaries of the fuzzy memories

Making it bright, exhibiting the change in mental state

Before everyone monsoon’s torrential rain

Please teardrops.

Do not rain like this like this.



The underdeveloped portions of my thoughts

Take flight in my dreams, near everyone’s silence

Melting-melting you attempt to drop.

If you are interested about my existence

Please teardrops.

Do not rain like this like this.



No matter how much torture, slaps of pain inclusive

No matter what the weighty pain being I will carry

I have decided to bear it out in silence,

Therefore to disturb my lessons, to drift my aims afar

Please- teardrops!

Do not rain like this like this.



In the silent night, when I am afar from noise

Being far I wait you with trepidations,

No wonder that is why you try to runaway afar from me

That is why I say, my mind’s countless pain shatters into many pieces

Please my dear sweet teardrops!

Do not rain like this like this.



Before everyone trying to attempt in flowing hey tear drops!

Please tell me, what is the purpose of your existence?

Nevertheless, in my tearful cry everyone laughs, there is rejection

Your loss is everyone’s gain,

That is why I request you – teardrops!

Do not rain like this like this.



















There is no known date when these two poems were written by my late mum. She was going into severe depression from her own alcoholism too. She never drank prior to marrying my father. She became alcoholic slowly through habit association with my father. It is known fact that alcohol contributes to more depression and in the most advanced state psychotic state. I am afraid to pronounce that in much later periods of her life she was well-known depressive alcoholic and psychotic. I just could not bear to live with her. By 1970s, she had never-ending episodes of suicidal ideation and attempted to take her own life by taking barbiturates and other prescribed drugs. I think that she was hospitalized in the Royal Nepal Army hospital in one of the epistles, and this was in early 1970s, I met Sunil Thapa near the entrance of the hospital. He was a good friend of my younger brother Sunil. I had seen him in St. Xaviers’ Boarding School when we were tots. I could not communicate with him then arising the traumatic experience that my mum had caused me. No wonder he considered me an arrogant. That was the way things were. Much later Sunil Thapa did fall in love with Sangeeta and my younger brother facilitated theirs’ romance.



All these violent and turbulent times caused many negative impacts in our lives. I dropped out of college and ran- away from home with the “Hippies” far out, to drop off, cool down and find a strategic direction for my life. I do not know, and I did not care for my family from 1975 early onset. I traveled the length and breadth of our beautiful Motherland Nepal. I knew Mountain Travels founder Colonel Jimmy Robert and Major Cheney, who had hired our Maharaj Ganj house for theirs’ office and residence. They were legends in high altitude mountain climbing and trekking. I was given an opportunity to go to Mt. Makalu base camp as a language interpreter for Johnathan Wright a young freelance photographer for American National Geography. It was mind opening journey of almost one and half months walking. After that, I was given another opportunity to work for The Save the Children Fund (UK) projects all over Nepal, India and Bangladesh. I saw my country and walked in its surface from its length to its breadth high and low. I saw the tremendous suffering of the people, and that I did identify with my mother being related to ‘having’ things and doing things in hedonic lifestyle. With the common people, they suffered not ‘having’ essential things. On balance, I can say that any suffering is no good and now I symbolize any suffering to that of my mother and of our Motherland.



By 1975, it was coronation of late King Birendra and my late father had been posted back to the Kathmandu valley from Nepal Ganj. He was appointed as Master General of Ordinance. He saw the total modernization of the Army and the logistics of security for the coronation. The “Hippie era” was ending. There was the Khampa uprising in Mustang, and the lunatic clan of Chandra Shamsher, who had money, had bribed the Chief of Army to go into action against the Khampa militia leader Guy Wangdi. That was supposed to have been my father’s command it was taken away from him by this younger lunatic member of the “Moon” Rana clan after paying a bribe of Rupees 50,000. Later, after the pressure from China, that Wangdi was in flight to get inside India and the Army under the lunatic “Moon” clan butchered him. He was given the highest military valor for this and went later on to become the life bodyguard of late King Birendra. He was also named in the murdered investigation of former Prime Minister of India, Rajiv Gandhi. This man also was well known as a raider of temples and selling its antiquities just like the youngest brother of late King Birendra. I would not be surprised if they were also not involved in drug trade. The irony was that the eldest son of this “Moon” clan soldier committed suicide in London in a haze of drug and sordid homosexual scandal. What a way to end a life of a great dog lover?































Teardrops

Oh! My teardrops do not like this rain

As you flow from the Himalayas sliding seawards.



When you flow who will watch

Laughter did not come.



When you rain who will welcome thee with open palms

They will all disappear afar.



When you laugh, they will burst in laughter

The sun will shine brightly.



When you are tearful, the moon hides

Inside the veil, that is the dark billowing clouds.



You winked, the lady with the scale smiled

She is going to follow you.



Aftermath your torrential teardrops on the other bank

There will be the destruction of the world with flood.



In laughter with us all laughing

The creation will dance.











Interval

I remember my self with the past memories

With you for the future dependency of safe shelter

How much in my past memories that is dimming

I hid you in that dim memories laden labyrinth.



To runaway with this solitary life

Battling with countless struggles

Currently sinking down with the present’s sinkhole

With struggles I have fallen.



With a momentous opening in that sinkhole

Like an affectionate one who provides that safe shelter

With that umbrella providing shade from you

It has provided me the basis of safe shelter.



For me that dot of my fading memories

No matter how afar it keeps on distancing

It has also flown out sky high that I do not know

Then you have disappeared in the future.





It is very desolate to reflect the isolated emotive state of my mum around 1968 as father was away in the service of Army. My brother and I were in boarding school called St. Josephs as it had been for me since 1960s. I rebelled and failed against the examination in my original school called St. Xavier’s arising being continuously molested by the founding Jesuit priest. I could not tell this for a long time and I from then did not trust anyone and blamed father and mother for it, they did not know about it and the only reason my father wanted me in boarding was that he was very jealous about me near my mum. It was also his inert autocratic power to oppress others around him. My mother had to send me to boarding school and she did not like it and still could not do anything about it. My youngest sister was being cared by Malla maternal grandparents under the superstitious Hindu astrology that my sister was born under the wrongs time and would cause death to my father. She was not to see him for twelve years. In reality my father and mother could not afford us all three in the Army salary of his. My mother had to go teaching as a Nepalese teacher in a local school.



In her free time, she had to attend as a dutiful daughter in law to the needs of my paternal grandparents. My father’s younger brother and sister looked after her well. She also learnt to play Sitar from my auntie and she was very good and now is a member of the Nepalese Academy. Well-known player of India like Ravi Shanker and other Bengali Gharana (traditional schools) mentored her. She did her playing time to time in Radio Nepal and All India Radio. Many well-known musicians, lyricist and singers of all types used to visit our ancestral mansion. The extended family household was always bursting with music until late nights and it was such that my mum was desolate and lonely. I wonder if she did not like the Rana household or she was a depressive by birth. Then again, she told me that she never wanted to marry and wanted to study medicine. She was forced into marriage to better the fate of the Mallas. My mum’s best friend Prabha Basnet never married and went to be famous as an academic in women’s education in Nepal. She would encourage my mum to write poems in the num de plume of Sapana or Dream. Another regular visitor was the famous Janardhan Sama, who was a major artist of Radio Nepal. He took the picture of my mum in the front cover of this book.



Janardhan Sama was the son of the well-known Nepalese literature Bal Krishna Sama, he came to take solace from his father. He hated his father for not having been educated in English. Yet this family was very much talented from poetry, sculpture, photography to paintings. I have great feeling for him and he was such a powdered person. He was very shy in nature and amazed me with all his stories from the Sanskrit old civilization. Yet he was happy for me that I was getting English education that he dearly loved to have and read poems of Shelly, Keating, and Byron and so on. My mum and this distant got along and they understood each other through theirs’ artistic temperament. My mum used to be very happy to see him in her isolated and miserable existence that was a prison for the living. Poor Janardhan uncle died young through the cancer of stemming from alcohol and cigarettes. I remember my mum telling me her tutor the well-known and major poet Laxmi Prasad Devkota also died with cancer arising cigarettes. I wonder about smoking and poets in relation to cancer and deaths so young to this day all over the world.



Struggle

In search of silence within silence

Like I have been invisible in my silence

Mine imagination’s fluffs also

Fly up and up skyward to reach it.



Heavenly hopes appear in wave like ripples

As if it has spread afar from its surface

Mine mental chariot’s wheels also

Roll and goes to places afar to be bugged down.



In the autumn’s leafless small forest

As seen like that in the blazing fire front

My example’s flashes also

Unable to reach in its aims

Right in the middle has gone out like death.



Spread in the vast ocean

Like the sweet vines wave in the breeze

My serious thought lines

Gets wiped off like the soda fizz coming up.





Solitary

In the autumn’s leafless tree branch

Daily arrives my mental bird

To sit in that branch ruminating.



Neither has it any spirit to continue

Nor does it have any strength to peck any food,

Only it has the desire to wait out for the arrival of spring

That way it will have its creative dream realized

It is in search of that reality.



It is tolerating the cold frost almost frozen

In the nakedness of the leaves I am also

Trying my best to go naked

Without giving any consideration to my existence

It is ruminating day by day.



Getting away from the maddening crowd

My solitary life seeks

Like this to be spent in solitary meditation.



















Female sensitivities

Long before the Stone Age

In the golden age of matriarchy

Female and men, men and female, worshipping no need for any births

Men just sat gazing at females

Finding the female were just different then theirs’ own image

Female had heart, but lacking any attractiveness

Men had desires, without any magnetism

The cycle of creation did not roll.



Through time slowly a desire seed became planted in one’s heart

In another, the passion was taking the root.



The time for the desire and passion to come together was nearing

In her heart wordless emotions were just springing,

In mental signs, wordless emotions

Face wrinkles caused the exchange of her passion and desires with his.



The woman with the scale smiled

The thunder of monsoon, air is electrified with the dance of procreation,

Women and men become fearful

To seek protection for survival sought refuse in the stone caves.



In the eyes of men electric flashes shone to dominate,

In the eyes of women to be dominated by men appeared.









In both men and women, this was the first sense of experience

Both of them had appeared in this road

With much affection men cuddled

Nature reciprocated spontaneously.



After some time…

With the hard survival battle of humanity that humans saw

Juts like in his image another human creature

In front crying with small hands

For any search of words is just moving,

Humans cried ‘cycle of creation.’



Thank the mothers that are all females

The goddess of fertility and humanity

The starter of creation

The guardian of families

Female the vast and endless flow for the source of affection

The provider of humanity

In hugs and kisses the one who provides eternal bliss.



Men that is full of blood, meat and bones in structure

Women that is also full of blood, meat and bones in structure

Inside both of them is the beating of the rhythmic heart

That seeks equality treatment in movement

With just one need for desire, with just one want of passion

Through immemorial passage of time contact between them continues

However, the female is dependent

Men are independent.



Men who hold up the scale of justice

Instead of distributing equality and fairness

He is just like a greedy monkey that just does not allow balance.



Because he is sitting to provide justice

He is just providing justice,

Through the support of black veil like in black magic

By taking, much affection and giving less affection back to her.



By taking all from her passion he burns her all in one fire of passion,

After his wishes has been fulfilled she is just abandoned

She is suppressed and tossed in a pile of garbage heap

The heart of her passion is becomes less with movement,

Men have become her suckers and she is far to live in isolation.



In goodtime mother Sita is thrown alive in the funeral pyre of Suttee

In bad times, she brings ill repute to the family and a medal of whore is given to her

Just like the dirt inside the eyes has been removed by him

The wife is everything and he has captured complete service under one roof.



The many duties of the woman remains

After all the devotion and self-sacrifice she has made for him

Yet her duty under the religion remains unfulfilled.



Humanity’s road walking male

Has fallen down with shame and still rises

He has no want to support in his shortcomings of the senses for her

That is why his rhythm of the heart is beating slowly.



Male, is the reason

Female sensibilities are mixed with emotional teardrops

His footstep has crushed her with laughter and smiles moving ahead.



Like anywhere, anywhere like

He can use her

In his hands are the situations

Female has the reins.











































Sunday, August 31, 2008

I am connecting with my late mother’s theme of “solitariness, struggle and female sensibilities”. I guess I have to admit my own life looking at what my father did to my mother was not a good lesson for me. However, I have to show also compassion for my poor and inadequate father as why he was like that Lord of the animals (one minute instant love and next minute instant violence laden destruction like Lord Shiva, the Hindu God of creation and destruction). It is probably that he never got any love from his own cold spy mother for the Chandra Shamsher clan, and who henpecked my late grandfather to death. Grandfather used to take solace in Hindu holy men and smoking dope as an escape from his hellish life. He was also making for extra income selling morphine to his auntie married to the father of the late Queen Aishwarya, who was gunned down by late drug addicted, alcoholic and gun happy Crown Prince Dipendra in 2001. When King Birendra died the institution of monarchy died with him, and that was good for the people of Nepal’s development for the coming modernity and chaos.



I am actually learning from my late mother what are the desires and sensibilities of womanhood. It is better late then never. I have had lots of encounters with Australian and other females and I have remained dysfunctional in this department. I have my own inner demons arising sexual molestation by the late Father Moran, founder of my primary education in Nepal being St. Xavier’s, an American Irish Jesuit educational institute. Father Moran was brought to Nepal from remote and backward Indian city of Patna by General Mrigendra Shamsher Rana a grandson of Chandra Shamsher, who was in the late 1940’s the education minister. All the Chandra clans (burning moon clan) were anglophiles. My great great grandfather Dev Shamsher wanted to get rid of the British out of India, and had sent students to Japan for modernizing blue print of Nepal. This was not acceptable to British and his tuberculosis ridden younger brother Chandra. Thus, Dev was sent in exile first to eastern Nepal as a governor and later to Dehradun, India.



I have found out that Father Moran was so much of a pedophile that even the Bishop of Patna wanted to get rid of him, Nepal as the last frontier in the mountains was an ideal location for father Moran’s missionary practices on young boys. I am not sure about the sexual tendencies of General Mrigendra, that he liked Father Moran very much. I know some of the family members of General Mrigendra clan are well known having married in Indian Royal clans with bi-sexual tendencies.



I am well aware that my mother’s solitary life amidst the dark and gloomy Thapathali ancestral palace we had started to crumble in 1970s. Ex-King Gyanendra’s uncle purchased that property. We moved to Maharaja Ganj very next door to the abodes of ex-King Gyanendra and Devyani Rana’s abode. Her father and my late father shared the same first names of Pashupati. There used to be lots of confusion over posts and bills. Devyani’s father also comes from the Chandra clan, and is married to one of the wealthiest principalities Gwalior. Thus, the diplomats called Devyani’s father “Rich Pashupati” and my father a military man “Poor Pashupati”. I saw Dipendra and Devyani grow as little tots. Dipendra used to go to the primary school run by Gouri KC a pioneering Radio and TV personality with Rita Raj Gurung (married my good friend Shyam of the Nanglo Pub fame). Gouri KC was the offsider to Sangeeta Thapa’s and mine Auntie Bina Rana. Those two always were organizing some artistic events, and now that spirit is alive and well through Sangeeta Thapa. I almost fell in love with one of Gouri’s daughters, as they were so charming. Instead, I fell for an Australian and could not keep it up arising my own inner demons.



I am just amazed how much love my mother had for all things big and small. There she was in such isolation and agony as she did not get the full love of my father, and she still lived to love others in life. In her death, all remembered her and her collections of few remaining poems, songs and short stories have come alive by everyone chipping in financially, emotionally and much more. I have come to learn belatedly that sometimes-solitary existence is not a bad thing as it provides a person to reflect and change for the good. I am reflecting in her life and my own interpretations of things that were around her at the time these poems, songs and stories were written in 1968.



I know my mum’s youngest brother was in love with Aishwarya and he could not marry her as Queen Mother Ratna already chose her. I also know from my late mother as everyone confided in her that late King Birendra was selected to marry one time Devyani’s mother. To make things more complicated Devyani’s father was selected to marry late King Birendra’s eldest sister. Queen Ratna vetoed that Devyani’s mother could not marry late King Birendra as she was an offspring from a concubine of Khadga Shamsher, who along with Chandra Shamsher had plotted in the murder of the second Rana Prime Minister, Rana Uddip Kunwar Rana at the same Narayanhiti Royal Palace in the late 1800s. Devyani’s father did not like late King Birendra’s daughter based on her hairy Indian appearance. Then fate has it that late King Birendra was also matched up to marry my youngest maternal uncle’s wife and this did not occur for various reasons. It is known that late King Birendra kept a concubine and called late Queen Aishwarya a “dirty moonlight” that is she was not clean moonlight and her family name was Chanda meaning moonlight.



I have come to observe from my late mother she knew about humanity a lot. After all, she had studied psychology and wrote in symbols depicting authority, power and control by the male over female destinies in a society full of superstitions and conservative ideas like the days of medieval Europe. It was just the opening up of modernity in Nepal as jet age was coming, free sex and love under the Beatle mania and hippy mania was invading the dopey paradise of Kathmandu of the “Mountain is Young” fame. Many historical feelings are flowing, as I am isolated from the world trying to make sense from my dead but literally alive mother. I am truly grateful for her compassion that I am reading and translating her isolation, struggle and female sensibilities. I may have failed in my marriage and first daughter Maya, who is an international fashion model of immense beauty and talent. I have found deep love in my younger daughter Nellie, who is becoming a social worker and studying international relations. She is equally beautiful and sensitive just like my late mother.



















SMOKE

Widely spread fog like thick covered smoke

Higher they are rising to the sky in its free flight.



This is not the smoke from the funeral pyre

This also is not the smoke from the burning settlements,

This smoke is from the burning of my heart

Now tell me the way that I should start the foundation of my settlement

Right amidst this pile of burnt ash.



What would be the feature outline of that new settlement?

How shall I be able to start building the future there?

Starting to light the fire in from my own both hands

I have totally self sacrificed everything to it,

With every atoms of my total commitment to it



Everything I have cherished has burnt to cinders coal

How shall I create a new settlement?

The bellowing puffs of thick black smoke have taken upward flight

To wards the sky and totally cover it in pitch darkness.



I have also taken flight upwards with the smoke

Reaching the other side of the cloudy country

To create a new settlement, with permission giving citadel

I have considered as a traveler therein

I foresee my future dreams of creating of the settlement therein.







No, no, the other side of the cloud laden country

I do not have any interest,

I do not have any relationships with any dwellers therein,

I do not have any settlement,

That is only, smoke’s free flight

That is my own hallucinations, that is my own dark cloudy storm,

And, my own free flight to freedom upwards.





No dimension

Open is the door to my heart

There are no latches attached

To any tying of knots and to any bar.



Everything has been broken

Just like the strings of my mental stringed Bina

Neither there are any

Plucking low volume drone sounds of the metal stringed Bina.



No has been my fellow companion

To fulfill that dream

Alas that remains is

There is no dimension.































Last Sighting

At the lilac colour of dawn’s unclear first light

Hope’s butter lamp wick is flickering and burning alive,

In any one of the devastated thatched hut

Lying down is the unlucky fallen and trodden down geriatric.



In the borders of the dim cloud’s flickering image screen

Affection laden and contained attractive waves arise

My thoughts were in flight, in the yon blue sky

He was lying in the imaginations dim mattress.



In the new rising of the emotions

Amidst the shining and shimmering stars

With teardrops falling as an offering

With emotional roller coaster ride, she is eagerly waiting.



At someone’s footsteps made sounds

In the dark night’s shadow

With half opened eyes in the blind colony

Increasing was the moments of hopelessness.



At the last sighting highway

With her own aim’s hope

In the devastated and dirty place, there was her movement

She was cold shaking and shivering









At last, she surrenders at her loss

Without giving consideration to the worldly relations

She has moved towards her aims

This was her ‘last sighting.’





Breeze also tries to shake

With firm determination, I hold standing

In searching my aims

But, randomly rising thoughts disturb me

As if the breeze also tries to shake me.



In the silent dark night’s footpath

Someone’s silent movement I am eagerly waiting

Pushing towards that awaiting direction

As if the breeze also tries to shake me.



Soaring, rushing and running with that stream

I take its company with my rising thoughts

With that onerous deep sleep comes to a shattering end

As if the breeze also tries to shake me.



In the dim moonlight’s silent cross road

Standing straight still my silhouette

Breaking down that sensitive aims of mine

As if the breeze also tries to shake me.



It is even difficult for the sea to sail me

Even death cannot reach to meet me

To my deep memories remembrance lines

As if the breeze also tries to shake me.









From the heavenly path’s travel

With my tired psycho narrative episodes

For a momentous rest

As if the breeze also tries to shake me.



In my last dying minutes of the setting dusk

In the rising hopelessness moments

In that rushing and soaring examples of my life

As if the breeze also tries to shake me.



In what difficulties search shall I do

It is the my foundation in the sinking hole

I find myself heavy laden the heavy rock

As if the breeze also tries to shake me.







































Sunday, August 31, 2008

Dear mother you smoked your self to your death. You loved your smokes, and I learned from the age of 12 or 15 to steal smokes from you and enjoyed it until five years back with great difficulty I gave it up. I achieved that greatest result of my life, and hope to live a bit longer to see the smoke free life. I did not learn about your cancer and in your death, I did not burn your death funeral pyre according to the Hindi ritual. For this, I shall give all my inheritance that you desired I have to your youngest son and his son. As a Hindu, I am a failure, as I have no sons. However, I have to beautiful daughters far away from Nepal and they happily ever after live in Australia. I am happy that they never saw you alive in your misery and sadness and billowing depressive smokes.



Was it not exactly in 1968, in France many things went up in smokes after the students rioted in France. I remember soon after 1968 was over your youngest brother would be dead in a car accident and he was put in death funeral pyre leaving a young son and a young daughter. What a waste of life that he was burnt and his smoke from there in flew to the yon blue Kathmandu’s then pristine sky.



As if from the sky, new youthful experiments were to start in drop in the 1970 starting. I remember the Indian movie ‘Dum Maro Dum’ was shot at Kathmadu’s various locations. It was all about the smoking of hashish and the acid experimentation of the youths. I am remembering of the hippie era. I was just not old enough to be part of it but saw it.



I also dropped out of school and college and became truant in life like the generation of that era. I became a burden to you and yet you loved me and gave me whatever I asked from you. I am eternally grateful for that and such experiment did contribute me to eventually come to Australia. Otherwise, I would not be able to contribute to the struggle you started to preserve my father’s monstrous dynasty. At least my children are free and I do not know and would not want to know about my young brother’s children. It is my out of mind and out of sight policy. There you have it I have no dimension as you wrote, and this will be my last sighting of you. In fact, I last saw you in 1990 and promised myself that again in life or in death I will never bother to be near you again. My desires came to fruition in learning your death, and here I write.

In memory of my late mum and thanks to Sangeeta Thapa and Voice of Woman Nepal in December 2007 edition

Creative Expressions


Remembering Rajya Laxmi Rana - A MODEL OF GRACE, COURAGE AND DIGNITY



Last year my cousins, Sunil Rana and Sabina Thapa entrusted me with the task of compiling a collection of poems, penned by their beloved mother, the late Rajya Laxmi Rana who passed away on June 2006, after battling valiantly with cancer. I also contacted my cousin Ranjit Rana, their brother who lives in Australia to garner his support in publishing this volume of poetry.



Rajya Laxmi Rana was my maternal aunt. My siblings and I called her ‘Maami’. Though her resemblance to my mother was uncanny, her personality was totally different, and as a child I was drawn to her artistic temperament. She lived next door to us in Thapathali and I visited her frequently. My nanny, Ganga didi would often carry me there. My cousins were elder to me, so I was indulged in this home. Their dog Nicki could perform an array of tricks, and to top it, a pet parrot would amble around the room articulating random words like a Ginsberg Beat poet. I remember sitting on my aunt’s bed, listening to radio plays or geeti- kathaas that she had penned. The stories were always tragic and I had no inkling of the inner turmoil she was going through. Sometimes, she would write poems on scraps of paper which she would hide inside a cigarette box, under her mattress or in the cracks and crevices of the wall. I was too young to understand what was going on but I sensed her sadness. She was delighted by the smallest of things: a drawing that I made or by my childish prattle and would exclaim that I would be an artist one day- after all, I even saw living forms in the pakoras that she cooked for us!





When my family returned from Afghanistan, my aunt had moved from their rambling ancestral durbar in Thapathali to a small cottage in Baluwatar. I learnt that my aunt and her family were going through difficult times. When my uncle passed away at the age of 52, my aunt’s problems were far from over. The ghost of an abusive family member has the tragic ability to live on as the victims cannot speak out, and retain permanent psychological scars from the suffering and the humiliation they have faced over the years. These scars were to haunt and traumatise my aunt forever.



The last phase of my aunt’s life was marked by ill health. She had moved to Sundarijal by then. She was thin, troubled and stressed. She also had a lump in her armpit. On my mother’s insistence, she had a biopsy done and it was revealed that she had cancer. My aunt showed no fear when the news that she had cancer was broken to her. Her entire family rallied around her because she was very special to all of us- her courage, kindness and dignity in the face of such incredible hardship was truly extraordinary.



Her trips to Bhaktapur Cancer Hospital and the chemotherapy sessions exhausted her. Despite all the loving care and medication, the cancer grew and spread with vicious strength and speed. This was a difficult time for her family. My mother suffered too, she wanted her ailing sister to spend her last days in relative comfort. She brought my aunt home and looked after her. My aunt was in a lot of pain as the cancer had spread to her lungs and stomach. One afternoon when she was lucid and could forget the pain, we spent time talking about art. I learnt then that her favourite painter was Shashikala Tiwari -perhaps it was because Shashikala’s paintings celebrated nature, and the images of isolation and solitude were also echoed in her own poems. I talked to her about printing a volume of her poems. She wondered that if she could not print a volume of her poems while she was alive, who would do it after she was dead. She did not fathom our love for her and the esteem she commanded amongst her family and friends.



Some weeks later, I think my aunt sensed her end was near and insisted that she return to her Sundarijal home. She said she missed her grandchildren. I believe she also wanted to die in her own home and was worried about her family. A few days later my mother got a call from Sunil Dai - my aunt had high temperature; she had refused food, she was in a great deal of pain and was delirious. Sunil dai and Sabina diju decided that the Military Hospital in Chhauni would be best for her. At the military hospital, the doctors told us that the cancer had spread to her brain and that she would not make it. The only thing we could do was to make the last days of her life comfortable.



Once the painkillers and antibiotics were administered, my aunt was lucid and comfortable again. She had many visitors: army wives, soldiers she had helped and family members. On the day that she died, she was actually radiant and some of us foolishly thought she would get better. That evening she consumed with relish a meal prepared by her daughter. After her meal, she asked for a cigarette. This set off some confusion about whether she could smoke in the hospital or not, and especially in the condition that she was in. My mother demanded that a cigarette be arranged immediately. I am told that my aunt smoked her cigarette with great enjoyment, after which she lay down and died peacefully with a half smile on her face. She was cremated with full military honours as she was the wife of an army general, for better or for worse, in sickness and in health.



Some months after my aunt’s death, I collected her poems from Sunil dai and Sabina diju. I learnt that my aunt had been a member of the Royal Nepal Academy and was well known by the literary giants of her time: Balkrishna Sama, B.P.Koirala, Madhav Prasad Ghimire, Shyamdas Vaishnav, Laxmi Prasad Devkota, Bhim Nidhi Tiwari, etc. I also learnt that my aunt sometimes used a nom de plume ‘Kalpana’ and she would use this wistful name to sign some of her works. Her handwriting was exquisite and I felt desolate when I went through her poems. Though a handful of poems in this collection have dates, I believe that the other poems may have been written between the late 1950’s to the mid 1970’s. I contacted Radio Nepal in the hope of finding some of her radio plays. Though she had penned several plays, this lead proved to be unsuccessful and some of her short stories and poems are lost forever. Sagun Shah, a relative and good friend of my aunt, gave me an important clue. She told me that I might be able to find some my aunt’s poems in Janardan Sama’s library. I immediately contacted Jeevan Rana, Janardan Sama’s son. Jeevan dai was able to locate some poems for me.



I have often wondered what my aunt thought about as she smoked her last cigarette. Though she made her mark as a writer and knew the great literary giants of her time, she was never able to reach her full potential as a writer. Though she was the daughter of a wealthy zamindar and the wife of an army general, her family problems imprisoned and shackled her. Perhaps the half smile that we all saw was an acknowledgement of the mockery of life, or perhaps it was an acknowledgement that her death would set her free at last. Rajya Laxmi’s poems definitely reveal that we lived with a literary personality, and yet we did not acknowledge the gift of her writing in her lifetime.



‘Joonle Pani Polchha’ contains several of my aunt’s moving poems and the only short story we could find. It was important to put this anthology of poems together, to dispel our own ignorance, to honour a woman who braved so many obstacles, and to celebrate the fact that we paid our tributes to her memory in a way that Rajya Laxmi Rana would have loved.



- Sangeeta Thapa







--------------------------------------------------------------------------------

Sangeeta Thapa is the Art Curator/Director of Siddhartha Art Gallery and Infinity International, a public relations and event management firm.







OTHER ARTICLES



□ VOW Living

□ Reflections

□ VOW Alert

□ Editor's Pick

□ Let’s Talk

□ Animal Anecdotes

□ My cup of tea

□ Tête-à-Tête

□ Star signs











ADVERTISEMENT





















BEAUTY
CAREER CARE
MALE MENU
VOW SAVOR
RELATIONSHIP
HEALTH
CHILD CARE
REGULARS
ENTERTAINMENT
SHOPPING

Speciality Media Pvt. Ltd.

GPO Box: 2294, New Baneshwor, Kathmandu, Nepal

Tel: 4780450, Fax: (977-1) 4782100, Email: editorial@vow.com.np

Copyrights © vownepal.com. All rights reserved.

Powered by: nepalonline

The facts that Australian Chief of Army cannot deny

Comments of Ranjit Rana as to his evidence to link army abuses with his psychiatric conditions (comorbidity). This is for the first time linking the abuses that he suffered with medical treatment in the army (as it appears with brief to Dr. Jha):


1. Dating 19 December 1980 at Regimental Aid Post (RAP) of the 1st Recruit Training Battalion (1 RTB) in Kapooka, New South Wales. Blow to left eye from a can thrown by then Sergeant Bruno.

2. 2 January 1981 at 1 RTB “Acid” stomach…many…problem due to harassment in lines.” Ranjit Rana had told the AAT of 1988 and 2004 in specific terms and was not believed that no racial or other harassment existed with contemporaneous evidence. This is the first time this medical complaint has been brought to the AAT’s attention.

3. 20 November 1980 in 1 RTB. Head injury pain and also records been hit on head. I remember this incident related to Baxter, when he stole laundry keys from my desk and without my approval.

4. 2 Januray 1981 at 1 RTB. For emotional problem that I suffered arising name calling and harassment that increased my stress level. I think the Regimental Police was aware of my personal problems and their records have not been provided to me so far, and AAT of 2004 was highly critical about me for being unsatisfactory witness. Yet, they would not issue subpoena to the army for production of the record.

5. 22 January 1980 was again review to the blow to my left eye by Sergeant Bruno throwing a 1000 ml of juice can as indicate above to me in the bush.

6. 1 Jaunary 1981 at 1 RTB about acidy taste and vomiting due to stress arising from various assaults and racial name-calling.

7. 11 August 1981 at 16 Air Defence Regiment review by Army doctor for personal problems like sexual harassment and indecent assault by Private Andrew Jenkins and for assaults by other and including Jenkins regularly with name-calling with sexual and racial references, which I objected.

8. 12 August 1981, I was admitted to RAP 3 RAR Medical Ward for depression and headache with many personal and army problems.

9. 10 November 1981, chipped bone in right thumb arising being injured when I was assaulted by Jenkins and this resulted as I was defending myself.

10. 10 February 1981, I was feeling tired and inadequate in 16 Air Defence Regiment with personal and army induced depression.

11. I had ringing of my ear and loss of memory and was off to see Dr. Hoff arising army related abuses I was seen on 28/2/1982 by the Regimental Medical Officer and was confined to barracks and was not fit for duty until 3/3/1982.

12. From central medical files that Orme had access to number 82/Box 221. I have located a report of Dr. A. N. Goss. It said I was having muscle spasm arising an effect of depression in 13/2/1987.

13. I have the reasoning of the decision of the Veterans’ Review Board and related pages of the Military Police investigations at pages 21 to 23.

14. I have a literature on adjustment disorders, which shows adjustment disorder is reactive depression and transient situational disturbance. Orme indicated at the time of my discharge I did not have adjustment disorder and only had reactive depression, which is not a psychiatric condition like personality disorder. I have evidence to link from hospital records of 1981 at Repatriation General Hospital I was actually suffering from adjustment disorder and transient situational crisis contrary to Brigadier Orme, Armys’ head of personnel.

15. I found two more medical notes from Army very catastrophic. They are:

Dated 10 March 1982 very catastrophic, while on duty Private Jenkins attack me from the back and inserted broom up my anus. I could not tell others and had significant pain. This is noted bursting of hemorrhoids. I think there were witnesses like Privates Bradley, Mudie and Golding. I was in pain and was not believed.
Dated 10 November 1981. It records 2-chipped bones as a result of being assaulted by Private Jenkins in Kangaroo 1981 exercise in Queensland, It said restricted duty and no use of right arm. The Commanding Officers did not take action against the attacker.
These two will be attached with this brief Dr. Jha.

Emeritus Professor of Psychiatry, Doctor Bal Jha has been seeing me since end of 2004. He has read all the documents provided to Dr. Goldney and Dr. Davis of the teaching staff at Adelaide University. So far, what Professor Jha has said to His Honour Lander J, and all the case notes he has on me was subpoenaed by the Australian Government Solicitors, and a copy exists at the AAT registry, and a copy of those notes I have provided to Dr Goldney in January of this year. If necessary, I will tender the case notes from the registry to the trial judge. Professor Jha made positive statements about me: where he described me how the psychiatric conditions actually works based on my army service related various abuses, his statements can be tested and probably refuted from the attacks of Drs. Goldney, Davis and Carmine De Pasquale, who are connected institutionally to Adelaide University.

Professor Jha’s assessments of me are objective and not subjective like the ones from Drs. Goldney, Davis and Pasquale. Professor Jha’s statements are consistent with the evidences so far I have collected and compiled at the AAT registry from my suffering “poor memory” and “poor concentration” as a child and up to now in various places like the army, university and other settings. I have performed okay in universities arising ‘reasonable adjustments’ to my ongoing impairment related to my psychiatric disability under the Disability Discrimination Act 1992 (Cth). I have not performed well like in the army and other settings, as I have not been given reasonable adjustment. To link what Professor Jha has said to His Honour Lander J, I have also now compiled all the defined physical assaults, indecent assaults and racial name-calling against me by various army personnel and at various locations between 1980 and mid 1982. Those documents also link physical injuries and/or psychiatric distress I suffered arising those causes in the army to be significant, and it is so as the type of personality disorder I suffered even before joining the army I had it and was of a soft nature and got aggravated by the stresses of being abused in the army.

Of all things being equal, Drs. Goldney, Davis and Pasquale do not agree, “what is” being said about me by Professor Jha, which can be proven and can be tested by comparing to them to facts. On the other hand, the respondents’ psychiatrists has made normative statements about me, which is ‘what ought to be’ about my army service and the psychiatric conditions as diagnosed by Professor Jha. They claim I do not have paranoid schizophrenia and diabetes, and only fabrication done scientifically by me to obtain money from the respondents. The respondents’ psychiatrists have made opinions on subjective basis as they relied on personal values, and such opinions of them cannot be tested, in contrasted to the careful observations and measurements of Professor Jha.

The models developed by Drs. Goldney, Davis and Pasquale are based on false assumptions about me as “Romei Subramanium” and much more as I will spill the beans at trial. Theirs’ model has some description about my psychiatric conditions related world. In actual testing of it by Geoff Camilos and Shashi Raj Maharaj’s theories, the prediction and forecasting is unsatisfactory and unreliable. I will explain, Professor Jha addresses his model and theory specifically with various scientifically proven facts of abuses to me and links to the army service of my and ongoing effects in operation by those psychiatric comorbidities. I never had a closure as the Military Police report was given to me in 2004 and no one did proper analysis of it in specific terms like Dr. Jha. The respondents have used generalizations of false theories to summarise what they think that they understand about me from the real world like involved in fraud and dishonesty and personality disorder means being an immoral insane person or an evil one, which is not scientifically linked to the known facts. They are trying to bolster theirs’ a fantasy model with a false theory as a firm and sound bridge between theirs’ knowledge about me to my actual real world of suffering.

In sum, “other things being equal” theirs’ assumption to concentrate on the effect of a change in a single variable that is my significant suffering from army even now in isolation from all others are false and Professor Jha’s is the preferable one. Because, the respondent’s assumptions about me are false in making the model, and the logic used to arrive at conclusions are irrational. The way they have used the logic to help spot and eliminate fallacies in reasoning, such as the fallacy of composition and the post hoc fallacy has not been eliminated. In terms of the first fallacy, the respondent’s statements about me that is what is true of the parts is true of the whole or what is true of the whole is true of the parts is not correct. Likewise for the latter fallacy, the respondent’s errors or reasoning about me that a first event (my abuses in the army specifically) causes a second event (my ongoing psychiatric and diabetes conditions) because the first occurred before the second. How can reasonable person prefer such fallacies?

I have received statements of my former bosses and Private Golding. I also have received a report of Dr. Goldney dated 4 August 2008. The most important thing is that he does not think that being sexually assaulted by Private Jenkins and other abuses that is recorded by the Military Police is “catastrophic”. Given I was molested in early age and am hypersensitive by others touching me by others, which is inappropriate to a Hindu man. They think it is a joke that was played on me to toughen me up. The last boss I had was an Asian (Japanese) and did not think I suffered from any psychiatric condition and was just a malingerer, lazy, slack and “me no nothing” to avoid job ahead and brought the moral down and became a liability, and was contrary to the mission of the Army.

I find the disregard to my diabetes as being feigned and a malingerer. I was alcoholic and was contributed by Army culture. I was an alcoholic psychotic and they were right that I had some grandeur as alcohol provided an escape for Army and me considered me to be a liability. I was charged for going without leave arising drunkenness issue. This is now backed up by Private Golding.

The Japanese boss Major Watts considered I was not suffering from depression, when in fact he had reports from Dr. Hoff between early August 1981 until March 1982. The Japanese do not believe in psychiatry and allege that mental illness is for the lazy.

Sergeant Liebenau was also not telling the truth. He used to visit me in hospitals to pay me my wages on more than three or four occasions. He did so when I was admitted to Royal Adelaide Hospital and Repatriation General Hospital. He visited me in the psychiatric wards.

Lieutenant Colonel Blackwell also knew that I was depressed and had reports of the Regimental Doctor, Bickmore and Dr. Hoff reports. He had visited my ex-wife with Dr. Bickmore to sort few matters. They were well aware like Watts and Liebenau that I was assaulted and abused but did a “me no have” evidence cover up to protect the white boys.

I have never acknowledged anything as suggested by Warrant Officer (Second Class) Don Whitman, that all racial remarks and pinching in the back side, and physical pushing and shoving was by my permission, and was not abuses, it was Aussie banter for fun and frolics of youth. I find such comments very offensive and brings flood of sweat and bad memories. It is remarkable that he indicated that my worked doing paper work had deteriorated as I had poor concentration and poor memory. The Japanese boss of his and mine had told him that to treat depression/laziness was to ignore it and try to sack me without any benefits. Both considered me evil and morally insane. All of them knew as he was the one who after talking with me suggested to the former earlier boss Blackwell to send me to see the “shrink” Dr. Hoff.

I refute being a malingerer and that is not backed by Drs Bickmore and Hoff’s diagnosis. This is my rebuttal to Private Golding. I agree that the Army made me an alcoholic and do not refute what he has to say about it. I also know he was the one always complaining that my paper work was bad. I also know he reported me dropping a rifle on parade. I find all of these peoples’ now comments are sanitized version to be used by Dr. Goldney in a certain way to defeat my claims.
I notice that Dr. Davis found like a judge that I am a fraud and have never read the Army Police’s file about me being assaulted physically and sexually by Private Jenkins (he confessed). Dr. Davis was not provided the same sets of files in same volumes (to the quantity to Dr. Goldney) to what was provided by the people who have retained Dr. Goldney. Same also applies to Drs. Hoff and Pasquale.

I note that now Dr. Goldney appears to be concurring with me that I was suffering adjustment disorder. However, Brigadier Craig Orme said I did not suffer it when I was in the Army. In page 4 of his report, Dr. Goldney says that I did suffer adjustment disorder or reactive depression and was time limited such as reaction to contemporaneous stressors, such as interpersonal/marital difficulties and improperly rejects the Military Police reports of my abuse and the findings from that file by the Veterans’ Review Board. However, Dr. Hoff in AAT of 1988 indicated that in that contemporaneous time, I was suffering from chronic reactive depression. I was paid liability from 16 July 1982 until 1985 by the Army. This is fact, Dr. Goldney seems to be divorced from facts, and preferring his subjective view of the world what should have been. It is a normative opinion and not positive one that can be proven by the admittance of liability by the Army based on Dr. Kutlaca’s report.

Dr. Goldney says he has considered all materials and has failed to reply including the Military Police report and what I have provided recently to the Tribunal and the Diabetes report of Dr. Miller. He has used selective materials and has failed to answer specifically to what I am proposing to you.

At page 5, the question on reply at the end of it “whether thee was any clinical worsening of any schizophrenia suffered by the applicant on or before 13 August 1982, and if yes, the date of such worsening; and” is very ambiguous. The reasons are:

I was bleeding as recorded for burst of hemorrhoids as I have indicated above from the broom of Private Jenkins, I was alcoholically psychotic, I had glandular fever, suicidal and much more. I went to Nepal around mid of April 1982, absent without leave to seek protection and peace. I was very ill in Nepal. I was told by letter of Group captain Gillard, Australian Military Attaché, in Australian Embassy, New Delhi, that I would be given all post administrative follow ups like being paid my superannuation (which occurred, but to this day no full medical board).
I was treated for glandular fever and suicidal matters in August 1981 with haloperidol and benzotropine. The same was used for me in Nepal after I was diagnosed of suffering from toxoplasma gondii and being psychotic from alcohol and toxoplasma.
The Army never provided me all records and evidence of my abuse until 2004.
The Army went quite to give me full medical board in Nepal or India or Australia in 1982 and even now.
I came back to Australia in end of 1982 and suffered another bout of psychosis in 1983/4 in Queensland.
In page page 6, Dr. Goldney says the question prior to e as “not applicable”.
In page 6, Dr. Goldney makes of story that I did not have aggravation of personality disorder from a catastrophic experience. He did not want to take the military police file that I had, and told me he was provided by his retainers and makes no account of it. He asked me I must had enjoyed the army banters and such are pain and pleasure of life. I found it very offensive at his suggestion that I actually enjoyed sadomasochistic epistles in the Army, and thus he confirmed that “paranoid schizophrenia” means one who is a cupboard homosexual deviant. No accounting for what I told him about the abuses, no accounting of military police files” and just cooks up story that I feigned diabetes, abuses and “poor symptoms and poor memories” recently. What about my hospitalization and diagnosis of Drs. Newman, and others from the pain clinic and my adjustments in universities? He says I did not have depression, no poor memories, and no poor concentration in 2003. There was evidence that I had poor memory and poor concentration from the data of university records and Dr. Goldney is silent to say it is all feigned. It was given by Dr. Pasquale to University of Adelaide in 2002 with the words “poor memory and poor concentration”. Why has he failed to account them?

It is amazing to the litanies of lies of the Dr. Goldney. The AAT of 1988 records in transcript that Dr. Hoff indicated I was suffering from chronic reactive depression and so did Drs. Kutlaca and Pasquale. Based on such severity I was paid workers’ compensation for aggravation of personality disorder and adjustment disorder from 16 July 1982 until 15 April 1985. This is fact and not psychotic utopian speculation by Dr. Goldney and Davis.

Dr. Goldney does not answer the long questions at pages 8 and 9 and simply fobs off with his considerations are at question 2d.

There are several assumptions that I am a fraud. Doctor Goldney refers such issues are legal ones and not psychiatric one. The doctor did not consider the entire military police files and the findings by the Veterans’ Review Board and has used selective data to benefit his financial masters.

About minor issues, he only replies to haloperidol and remains selectively silent to benztropine. He does not want to reply that it was given to me for glandular fever and toxoplasma induced and alcohol induced psychosis in 1981, while I was in the army.

He made many errors 2002 now become 1982, that there is no basis of liability.

He alleges that I gave him a lie about my own dad’s death. I know it was October 1981.

He made another error that I caught venereal illness in Hong Kong and he claims it should had been Bangkok.

He indicated that the appropriate diagnosis is schizophrenia and that the diagnosis gone beyond paranoid personality disorder.

Finally, I provide you with the AAT t-37 documents, decision of the Vererans’ Review Board and your transcript before His Honour Lander J.

I am afraid to announce that Dr. Goldney is the biggest liar like Orme. I note in the transcript of 1988 dated 16.12.1988 transcript at page 188 in the middle paragraph, this was the question by Deputy President Layton, who is now a Supreme Court judge in South Australia. She asked, “What was your opinion of his condition at the time when you saw him most recently? For example, was he still suffering from reactive depression?” Dr. Lotahr Hoff replied, “Well certainly there was much less reactive depression than the acute stages of 1981….”

Thus, I put the nail in the coffin of the dark and evil puffing Professor of hanging psychiatry like the novel of Professor Moriarty.

Ranjit Rana



Saturday, August 16, 2008

Morally bankrupt Australian chief of Army

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
No. SAD of 2008

On appeal from Federal Magistrates Court

Ranjit Shamsher Jung Bahadur Rana

Appellant

- and -

Chief of Army

Respondent

SUMMARY OF ARGUMENT


GROUNDS OF APPEAL:

1. His Honour Simpson FM erred by not giving sufficient weight if any at all to the relevance of the appellant’s of his existent claims against the creditor in Administrative Appeals Trubunal and the Federal Court in SAD 111 of 2007, SAD 47 and 48 of 2008, as counter-claim, set off or cross demand and which put him in dispute with any liability to the creditor. Further, Simpson FM has not properly considered the errors that he has made in it per Rana v Chief of Army [2008] FMCA 518 related appeal now SAD 49 of 2008 before His Honour Finn J. The appellant had provided Simpson FM grounds of appeal and outline of submission to assess prospect of success about it as an exceptional ground in “other sufficient causes” per s. 52 (2) (b) of the Act. Simpson FM has not properly considered it as will be evident below at appeal ground number 6, which lacks proper analysis within the framework of s. 52 (2) (b) of the Act.

Simpson FM did not properly consider the appellant’s argument per the test of Dowling v Colonial Mutual life Assurance Society Ltd (1915) 509 at 521. The appellant has shown exceptional circumstances. The particulars are:

Simpson FM’s forecasting in his reasons of Rana v Chief of Army [2008] FMCA 518 at [23]-[24] was erroneous. Now the matter has been decided in the appellant’s favour. See the landmark case in Rana v Military rehabilitation and Compensation Commission [2008] AATA 558.
Simpson FM’s explanation at [24] was irrational and/or illogical and/or unreasonable as that matter Rana v Military rehabilitation and Compensation Commission [2008] AATA 558 was and could not be brought before Mansfield J. It appears Simpson FM was confused with the matter concerning Orme in Rana v Defence Force Retirement Benefits Authority [2005] AATA 291. Thus, Mansfield J lacked jurisdiction as unreasonably speculated by Simpson FM.
Simpson FM’s reasoning at [26]-[27] is again irrational and unreasonable. The matter is going to trial in December starting until the middle of the month, and his forecasting has been unreasonable and linking with Mansfield J’s decisions, as he did not have the jurisdiction to hear it. Simpson FM speculated without any reasonable evidence about estoppels and/or improper collateral attack on His Honour Mansfield J.
Simpson FM’s forecasting on SAD 111 of 2007 concerning Lander J is also unreasonable as Lander J was subsequently led into error by Simpson FM’s own decision in Rana v Chief of Army [2008] FMCA 518, and now subject of appeal to the Full Court in December 2008.
Simpson FM was correct about the High Court matter in [30]. However, fresh evidence obtained by the Repatriation Commission from Professor Goldney will show and before this court, that Orme had lied that adjustment disorder was not reactive depression. On that basis this Court ought to go behind Orme’s decision, which Simpson FM did not do so in bad faith.

Thus, significant injustice has occurred and Simpson FM’s decision ought to be disturbed in the interest of justice.

2. Simpson FM has also not properly considered the appellant’s success in the MRCC matter in Rana v Chief of Army [2008] FMCA 518, that he erroneously predicted that it had very remote chance of success. However, it has come the appellant’s way Rana v Military Rehabilitation and Compensation Commission [2008] AATA 558 as a landmark case. Simpson FM remains selectively silent about it. He does also in the Repatriation matter in the same case he decided. The High Court matter went contrary to the appellant’s expectation, now the Repatriation Commission has obtained a report from Dr. Goldney, which shows Chief of Army’s delegate misrepresented that the appellant had reactive depression which is also known as readjustment disorder. It was inappropriate for the High Court to adduce fresh evidence. However, via fresh evidence in this Court the appellant will do a collateral attack on Brigadier Craig Orme’s misrepresentation, and in the interest of justice, this Court may relax the admittance of fresh evidence to go behind the decision of Orme and other Courts per James v Medical Board of South Australia and Keogh [2006] SASC 267 at [43] about Lord Diplock’s statement in Hunter and general considerations of public policy. Thus, this Court ought to go behind all decision’s concerning Orme in light of Professor Goldney’s recent report obtained by Repatriation Commission.

This ground can be linked with ground 1 above. The appellant argues that he has genuine claim for “any other cause” against the creditor or others for an equal to or greater amount than the debtor owes to the creditor. The debtor had showed the claim to be genuine and serious one, which he could reasonably litigate, and for an improper purpose, Simpson rejected it not supported by reasonable evidence apart not believing the credibility of the appellant based on his ethnicity and disability. Simpson FM’s reasoning was that the appellant was a vexatious litigant who did not have real claim that was unlikely to succeed and did not have sufficient validity to justify a dismissal or adjournment of the creditor’s petition. See Re Schmidt; Ex parte Anglewood Pty Ltd (1968) 13 FLR 111 at 116. Simpson FM did not properly consider all the materials of evidence like affidavits, judgments, outline of submissions, evidences and successes of the appellant in other cases, and subjectively and arbitrarily rejected all the submissions of the appellant in all matters before him, and when asked to disqualify him on a number of occasions he has failed to remove himself for an improper purpose.

Thus, significant injustice has occurred and Simpson FM’s decision ought to be disturbed in the interest of justice

3. Alternatively, Simpson FM refused to properly accept that he ought to disqualify himself when asked by the appellant in another matter of disability discrimination against SA Housing and Libraries Board of Australia and Ors, and he still sat forcefully in this matter. Nevertheless, as of his reasons at [10] he did not accepted his error of law as an exceptional basis for “other sufficient causes” per s. 52 (2) (b) of the Act and failed to provide relevant analysis and assessment of the appeal success in SAD 49 of 2008 before His Honour Finn J. This is in terms of dismissing the sequestrian order application and/or stay of it improper manner.

The appellant argues that malicious presentation of petition has been accepted by Simpson FM. The particulars are:

Because the appellant challenged the power of Chief of Army and was exposing his delegate’s lies (eg. adjustment disorder is not reactive depression from the fresh evidence of Professor Goldney), the appellant was prosecuted to be made bankrupt and was initiated in a malicious spirit. See Cox v E S & A Bank [1905] AC 168 at 170.

Thus, significant injustice has occurred and Simpson FM’s decision ought to be disturbed in the interest of justice

4. Alternatively, His Honour Simpson erred by not sufficiently investigating the merits of the appellant’s claims if the Federal Court against the creditor in the above cited action numbers. Further, His Honour did not sufficiently look at his own errors of law and fact in SAD 49 of 2008 related appeal’s prospect of success, now before His Honour Finn J. The appellant challenges the test used by Simpson FM in that appellant’s claim, and His Honour FM did not properly investigate what if the appellant was entitled and whether it had any probability of success based on those factors concerning the grounds of appeal before His Honour Finn J. The appellant had in number of occasions indicated that His Honour not sit in this matter as His Honour had already not believed the credibility of the appellant concerning the decision he made and now on appeal to His Honour Finn J.

The creditor not having complied with statutory precondition to commencing or maintaining proceedings in relation to his debt prior to commencing the proceedings in which the judgment was obtained can be any other cause for dismissing the petition. See Burrel v Connell 91998) 84 FCR 383.

Thus, significant injustice has occurred and Simpson FM’s decision ought to be disturbed in the interest of justice

5. Alternatively, His Honour Simpson FM erred dismissing the appellant’s ground of appeal for an abuse of process. Because His Honour found no persuasive material that the appellant was in disability support pension, and had no assets in the bank or otherwise, the appellant has not worked since being discharged from the Australian Army. His Honour Simpson FM erred in determining its prospects of success he did not sufficiently investigate the appellant’s merits or the written arguments tendered about misrepresentation by Orme that adjustment disorder was not reactive depression. Further, the appellant will adduce fresh evidence in the interest of justice warranting annulment of the sequestrian order or bankruptcy based on the report of Australian Government Trustee in bankruptcy located at 80 King William Street concerning this appellant’s debtor’s petition that he has zero asset that Simpson did not believe in.

The appellant argues that violence has been applied by the creditor via the process server to go to the bankruptcy trustee. Fresh evidence shows from the trustee that the appellant has no asset. This Court can be clearly convinced that from all circumstances of the case, there cannot be any assets or any prospect of any coming into existence, and that, if a receiving order is made or remains in place, the only effect will be mere waste of money in costs. The sequestrian order has been made as an abuse of power. See Re Betts; Ex parte Betts [1897] 1 QB 50 at 52, 54, 54-55 (CA). Now, the bankruptcy trustee has done public examination and knows that the appellant has no asset, and no assets come to light per Radlich v Bank of New Zealand (1993) 45 FCR 101 at 112-113, 123 and contrary to 114.

Thus, significant injustice has occurred and Simpson FM’s decision ought to be disturbed in the interest of justice

6. Alternatively, Simpson FM erred by implying that there could be no coercion by the respondent’s process server about the appellant being assaulted in obtaining deeds, and the materials he was relying the very deeds could not be excluded by s. 135 of the Evidence Act 1995 (Cth), as being relevant to the proceedings that the appellant was hiding assets. There was no logical relevance to the deeds obtained under coercion that may be described as having probative value in benefit to public policy, in matters that was subject of privilege by similar public policy of deed settlements. Simson did not make determination per s. 55 of the Evidence Act 1995 (Cth) as he was required to do so. The test was prescribed in R v Lockyer (1996) 89 A Crim R 457 at 459. His Honour failed in the statutory assessment of probability of relevance the material obtained under coercion against the appellant’s will, who has a known disability to the respondent per Papakosmas v The Queen (1999) 196 CLR 297 at [81].

It was unfair prejudice to the appellant and Simpson FM did not even consider excluding it per ss.135, 136 and 137 of the Evidence Act 1995 per R v Cook [2001] NSWCCA 52 at [43]. The alleged denial of coercion was accepted by the respondent’s counsel from the bar table, and this is reflected in Simpson FM’s decision. Lawyers Doyle and Parkyn were not available for cross-examination. Thus, this scurrilous hearsay should had not been relied by Simpson and should had excluded it from his decision related reasoning of the matter pursuant to s. 135 (a) of the Evidence Act per Gordon (Bankrupt), Official Trustee in bankruptcy v Pike (Unreported, Federal Court of Australia, Beaumont J, I September 1995). The appellant had provided sworn affidavit and police report. His Honour was not satisfied with this material either in terms of the appellant’s claim for the sequestrian order to be dismissed or stayed known as “other sufficient cause” per s. 52 (2) (b) of the Bankruptcy Act. His Honour only relied on assertions of the respondent that “it was not the case” from the bar table, and His Honour did not have supporting evidence to rely on to reject the appellant’s ground of appeal improperly and in bad faith. Further, the police has been notified about another incident that has caused fear in this appellant to go and get the debtor’s petition, this will be also another feature of fresh evidence. The fact remained before Simpson FM that he did not consider that Higgins for Nic Parkyn, who was seen in security camera of the Federal Court, and given to me by the security chief firm Chubb, the digital images of Parkyn and Higgins, and later Higgins, assaulted me took my deeds. I produced the copies to the Court not for any assessment about it and Simpson for an improper purpose used it against me. That was done in bad faith.

Thus, significant injustice has occurred and Simpson FM’s decision ought to be disturbed in the interest of justice

7. Alternatively, Simpson FM did not properly consider the appellant’s claims per s. 52 (2) (b) of the Bankruptcy Act, which says, “that for other sufficient cause a sequestrian order ought not to be made; it may dismiss the petition”. Further, Simpson FM only applied narrow construction of law per s. 52 (1) of the Bankruptcy Act in his reasons of decision at [1]-[7] and avoided to address the appeal before Finn J and now the matter of appeal in SAD 111 of 2007 and SAD 47 and 48 of 2008 for prerogative writ in the High Court and appeal before Finn J, and the matter SAD 49 of 2008 concerning Simpson’s own decision on appeal before Finn J (here the appellant had asked Simpson FM to dismiss or stay the order in exceptional circumstances as the appellant considered the prospect of success in the appeal to be reasonable). Simpson FM was contrary to Totev v Sfar [2006] FCA 470 at [35]-[44] principles concerning s. 40 (1) (g) of the Bankruptcy Act in specific terms. Further, at [44]-[45], Simpson FM’s prediction of success of the appellant, when he made the appellant bankrupt and now in appeal before His Honour Finn J, many errors of law and fact Simpson FM had committed. All the cited precedents were not applied properly based at [44]-[45] in Totev v Sfar.

Simpson FM in ADG 20 of 2008 refused interim application for a stay and interim application was dismissed on 13/8/2008. He had the power and he knew about this appeal. His powers came from s. 29 of the Federal Court of Australia Act 1976, Federal Court Rules, O 52, r 17 which operates beyond 21 days and mentioned in s. 53 (2), notwithstanding s. 37 (2) (a), once the appeal was filed. Simpson FM knew all his errors and now that appeal as SAD 49 of 2008 before Finn J, he had summary of argument provided and refused to look at it. See Evans v Heather Thiedeke Group Pty Ltd (1990) 95 ALR 524.

Simpson FM did not determine the grounds for stay. He did not properly consider the relevant matter whether there was an arguable point on the proposed appeal and whether the balance of convenience favoured the granting of stay. See Freeman v National Bank Australia Bank Ltd [2002] FCA 427 at {4}. A stay of sequestrian order was not granted to the appellant for a short period to allow an unrepresented bankrupt the opportunity to formulate and file his ground of appeal in circumstances where the appellant has no property and thus no jeopardy occurred in shifting of assets by stealth. The appellant has filed under violence filed a statement of affairs as required by s. 54 to the bankruptcy trustee. See Re Gould; Day v Gould [2000] FCA 1377 at [22]-[23]. Even in a case where the court is “not persuaded…that there is any real prospect of the appeal succeeding”, a stay of the sequestrian order was not granted pending an appeal by the bankrupt in good faith. See Gould v Gould [2000] FCA 1427 at [7]-[11]. He did not at all considered the stay of the petition alone. That was further reflected in his decision in the application for the interim stay by improperly declaring that he had no power under the Act, he in bad faith did not evaluate according to law the prospect of reasonable success, with all the materials he had was provided.

Thus, significant injustice has occurred and Simpson FM’s decision ought to be disturbed in the interest of justice.

8. Alternatively, Simpson FM rejected the appellant’s claim improperly that the respondent and it’s agent committed assault on the appellant to the use of bankruptcy proceedings to put pressure on this unrepresented appellant, who has no assets to extract debt from him via the deeds that the appellant did not had to provide them “but for” the assault. Simpson FM’s approach was contrary to Brunninghausen v Glavanics [1998] FCA 230, and related to the appellant’s abuse of process claims. Simpson FM did not properly assess to conclude the appellant’s claim and preferred the respondent without any supportive evidence.

Thus, significant injustice has occurred and Simpson FM’s decision ought to be disturbed in the interest of justice

9. Alternatively, Simpson FM’s reasoning at [8]-[10] of his decision, in citing relevant legislations are contrary to Rana v Chief of Army Staff [2006] FCAFC 63 at [3]-[7], which cited the proper legislations. With Simpson FM’s version of legislation, weighing of facts as he saw to his version or only reliance on s. 37 of the DFRDB Act was not supported by evidence, was unreasonable and brought the Full Court into disrepute in terms of inconsistency that arises. Simpson FM considered that it was only typographical error based on the slip rule probably for an improper exercise of his power.

The appellant argues that Simpson FM did not properly consider s. 155 of the Evidence Act 1995 that the appellant had provided to facilitate proof of Mansfield J’s two decisions in SAD 74 and 79 of 2007, The appellant had provided such materials to Simpson FM’s own decision on appeal now before Finn J in SAD 49 of 2008. This the appellant did to demonstrate Simpson FM’s error of law in just relying on the s. 37 of the DFRDB Act and not citing the true record of the Rana v Chief of Army Staff [2006] FCAFC 63 at [3]-[7]. This has brought bad reputation to the administration of justice and has misled the appellant. About s. 155 see Nezovic v Minister of Immigration and Multicultural and Indigenous Affairs (No 2) (2003) 203 ALR 33 at [48]. Simpson FM indicated his version to be the correct one and other court decisions are not admitted as evidence and should be excluded for an improper purpose.

Thus, significant injustice has occurred and Simpson FM’s decision ought to be disturbed in the interest of justice.


10. Alternatively, the appellant had provided adequate materials in sworn affidavits. On the other hand Simpson FM relied on affidavits of the respondent that was contrary to s. 75 of the Evidence Act 1995 (Cth). See also Rana v University of South Australia (2004) FCA 559 at [40]. Simpson found for an improper purpose that the appellant did not show “other sufficient cause” per s. 52 (2) (b) of the Act and preferred the respondent contrary to known law.

Thus, significant injustice has occurred and Simpson FM’s decision ought to be disturbed in the interest of justice

11. Alternatively, Simpson FM fell into error to imply that the appellant’s all claims outlined above rather fell in s. 40 (1) (g) and was not relevant consideration in the assessment of “other sufficient causes” for s. 52 (2) (b) of the Act, whether he has erred and was subject of appeal or not in terms of prospect of its success and/or to dismiss the sequestrian order. Simpson FM did not approach the matter per the issue of the operation of s. 52 (2) (b) of the Act concerning his own decision to make the appellant bankrupt and now before His Honour Finn J. He drew a conclusion about the material provided to him by the appellant at [8]-[17] and without regard to SAD 49 of 2008 appeal grounds that was also provided to him. Alternatively, Simpson FM did not properly assess the appellant’s claims whether they satisfied s. 40 (1) (g) if it was to be seen being litigated to defeat costs orders, and whether it could likewise ameliorate the stringency of the approach to s. 52 (2) (b). S. 52 (2) (b) was not addressed by Simpson FM, the possible relevance of the appeal SAD 49 of 2008 was not broached in the context of s. 52 (2) (b) analysis and related prospect of success. Simpson FM did not properly consider all materials provided by the appellant. This was contrary to s. 65 (20 (b) and (c) of the Evidence Act 1995. See Williams v The Queen (2000) 119 A Crim R 490 at [55]-[58]; and R v Ambrosoli 92002) 55 NSWLR 603 at 616.

Thus, significant injustice has occurred and Simpson FM’s decision ought to be disturbed in the interest of justice

12. Alternatively, Simpson FM did not approach the matter without directing himself to the correct framework of analysis under s. 52 (2) (b). Whether that error was operative is another question in the light of his conclusion at the appellant’s ground number 6 above for his reasons that there was no material of a persuasive nature before him that the claims had any prospect of success. Thus, miscarriage of justice in significant magnitude has occurred, Simpson FM did not address the issues in the correct framework of s. 52 (2) (b) of the Act. His decision should be disturbed.

13. There were sufficient materials before Simpson FM which amounted “other sufficient causes” and he did not deal with SAD 49 of 2008 appeal about his own decision before Finn J separately, It plainly raise material to warrant the refusal or adjournment of the petition. Simpson FM did not approach the issue of the operation of s. 52 (2) (b). He drew conclusion about material that was not open to him, which may have been affected by the failure to address the correct issue. There were ample materials in all federal court actions of this appellant before him being of persuasive nature that the appellant’s claims had any prospects of success. Further, fresh evidence in the interest of justice will show the clarity that matter the High Court issue was doomed to fail arising misrepresentation by Orme, and was hard to be cured by judicial review. Thus, s. 52 (2) (b) related exercise of the power miscarried.

Simpson FM preferred the respondent from the bar table that the deed of settlement indicated that the appellant had volunteered the deeds to prove he had assets and was probative to the trustee in bankruptcy. The appellant denies this by affidavit and presented the evidence of police report number. This was contrary to s. 131 of the Evidence Act 1995 per Lewis v Nortex Pty Ltd [2002] NSWSC 1245 that Simpson FM has used against the credibility to be made bankrupt against public policy. The lawyers of the respondent okayed as being significant probative evidence to indicate that the appellant had obtained income in regular basis as a noted progressive iterant litigant, who for many years ventured as his litigations based psychiatric career in many jurisdictions with many deeds. Simpson FM did not exclude it per s. 131 of the Evidence Act 1995 for an improper purpose.

Thus, significant injustice has occurred and Simpson FM’s decision ought to be disturbed in the interest of justice

14. His Honour Simpson manifestly erred per his reasons at [20] contrary to ANZ Banking Group Ltd v Menso [2006] FMCA 1522 at [62]-[64]. The appellant doubts the reasoning at [65]-[66] that may assist the case of the respondent. The appellant prefers the view at [62]-[64] to be the correct version in law. Without the judgment that had two orders in would mislead a reasonable person and this was what the appellant was trying to argue before Simpson FM concerning s. 306 (1) of the Act.

The learned magistrate in ANZ Banking Group Ltd v Menso [2006] FMCA 1522 at [65]-[66] is at odds with High Court Rules, O. 26 r. 18 (1), (2), O. 63 rr. 1, 2. Why? Because, at [66], the learned magistrate said, “Where, as in the present case, the whole bankruptcy process is founded on a judgment order, and failure to comply with that judgment (ss. 40 (1) (g), 40. (3) 41 (1) and Reg. 4.02) in my view it is an essential requirement of the Act that the judgment or order relied upon be attached to the bankruptcy notice….” However, no judgment was attached and this unrepresented litigant was misled. The learned magistrate had no proper authority to override a logical, rational and reasonable analysis of the learned authors as the learned magistrate cited in his paragraph 63 as saying. “It is not yet clear whether this strict view would still be the law following the High Court’s decision in Adams v Lambert (2006) 3 ABC (NS) 935; 80 ALJR 679; [2006] HCA 10, but it may well be, because the failure to annex the judgment may be regarded as an entire failure to meet a requirement made essential by the Act, and because it might be held to be a sufficiently substantial error not to be able to be cured under s. 306 (1). The High Court in Adams v Lambert restricted its comments overruling the line of authority concerning incorrectly stating the statutory provision pursuant to which interest was claimed…”

The appellant argues that with judgment and order being attached all reasons would be clear to unrepresented litigant and he would not be misled. High Court rule is strict in seeking special leave and filing appeal book therein all orders and judgment from lower courts should be included. It makes sense as to why the High Court rules are strict in the proper sense. These were the correct principles laid by the High Court in terms of the precedent Hughes Motor Service Pty Ltd v Wang Computer Pty Ltd [1978] FCA 49 in terms of procedures of the Federal Court being governed by the High Court Rules. Order 26 r. 18. Thus, the learned magistrate without citing any authority has gone beyond the logic of the authors at [65]-[66] in ANZ Banking Group v Menso case. The magistrate erroneously selected the word “order or judgment” and this is misleading to the true analysis of the High Court’s decision in Adams v Lambert (2006) 3 ABC (NS) 935; 80 ALJR 679. According to ANZ Banking Group v Menso at [62]-[64] the judgment ought to be the proper document also with the order. The selection of the words in the construction either the judgment or order is contrary to the High Court procedures in the construction of the law. The reasonable foregone conclusion ought to be in public interest that both the rule and order should be included so that litigants would not be misled.

The appellant argues that Simpson did not properly consider his legal errors per appeal ground 9 above, as it was properly put to him being “exceptional circumstances” as being “other sufficient cause” for dismissing or staying the sequestrian order. This was based on some cognizable errors needs to be identified in the decision he made and was subject of appeal now before Finn J in SAD 49 of 2008. See Qun Xiong (Kenny) Yu v Todaytech Distribution Pty Ltd [2006] FCA at [30]. Thus, Simpson FM’s reliance that the order in SAD 74 of 2007 and minus the order in SAD 79 of 2007 not served together on the appellant was not “a judgment or order that is enforceable as, or in the same manner as, a final judgment obtained in an action shall be deemed a final judgment so obtained…” per s. 40 (1) (g) of the Act relied by the creditor per s. 40 (30 of the Act. Each files specified different order under different scheme of legislations and rules of the Commonwealth and concerned different agencies, by which costs were ordered.

It involved two assessments in the total amount claimed in the bankruptcy notice. The appellant argues that he was misled as by how much to pay by attachment of only the SAD 74 of 2007 portion, which identified its source which truly did not reflect the original decisions of Mansfiled J and then the Full Court. Simpson FM did not properly account for the proper source of his knowledge about it and was thus not supported by evidence, it was irrational, unfair and unreasonable to the mental reasoning to follow the law by this appellant. Thus, there was significant discrepancy in law and yet it was significantly oppressive on Simpson FM’s part to not dismiss or stay the sequestrian order. It was highly oppressive to the appellant and an abuse of proper power. Simpson FM did not even grant the appellant 21 days stay as he applied after the judgment for a stay. Simpson FM indicated improperly he had no power in bad faith.

The appellant had relied on s. 306 (1) of the Act as the basis of “exceptional circumstances” in the “other sufficient causes” criterion for dismissal and/or sty of the sequestrian order. The act say, “Proceedings under this Act are not invalidated by a formal defect or an irregularity; unless the court before which the objection on that ground is made is of the opinion that substantial injustice has been caused by the defect or irregularity and that the injustice cannot be remedied by an order of that court.” Simpson FM did not properly did not consider this section and opined that he did not had to change his mind as such defects were typographical error and did not cause the appellant any significant injustice, and this justification was a normative statement and not a positive statement, and was based on composition and post hoc fallacies. Thus, it is unfair and unreasonable to this appellant.

Simpson FM in his earlier decision confirming the review of the Registrar cited the judgments of two matter of Mansfield J and of the above cited Full Court’s decision to be rather under s. 37 of the DFRDB Act, whether to change the appellant’s army records and a “military position brief” for Brigadier Criag Orme the delegate of the Chief of Army. This was by analogy similar to Adams v Lambert (2006) 225 ALR 396 at [18]. They applied a purposive construction of the Bankruptcy Act, consistent with the approach of the court in Project Blue Sky Inc. v Australian Broadcasting Authority [1998] HCA 28; [1998] 194 CLR 355 at 390-1 was applied. Per Adams v Lambert law at [11] of their reasons, the justices described the requirement to attach a copy of the judgment or order relied upon a feature “of particular importance”. This was not complied by Simpson FM as the seven justices said at [11], “The questions whether the defect or irregularity is a formal defect or irregularity; and whether substantial injustice has been caused and cannot be remedied, are separate and distinct, the latter question arising only if the formal is answered in the affirmative.”

At paragraphs [24]-[28] of Adams v Lambert (2006) 225 ALR 396, their Honours reasoned that deciding whether there is a formal defect or irregularity must be decided as a process of statutory construction, in the context of the Act and particular purpose of the provision relating to bankruptcy notices. This is correct approach and indeed Simpson FM has brought ill repute by not correctly reflecting the decisions and judgments of Mansfield J and the Full Court. For example, Simpson FM’s illogical foregone conclusion is that to make the appellant bankrupt on two decisions of a judge to deport the appellant under lunacy act and declare him bankrupt under the same act. When in fact it should be under different headings of proper law and rules. Thus, the appellant concurs with paragraph 63 of ANZ Banking Group Ltd v Menso [2006] FMCA 1522. Why? Because, the failure to annex the judgments of SAD 74 and 79 of 2007 may be regarded as an entire failure to meet a sufficiently substantial error by the Act, and because it might be held to be a substantial error not to be cured under s. 306 (1).

Simpson FM did not properly consider the appellant’s argument’s reasonable prospect of success according to the “exceptional circumstances” for dismissal or stay of the sequestrian order, which gave a rise to an application per Deputy Commissioner of Taxation v Feldman (2006) 62 ATR 253 and to avoid hardship on him per Deputy Commissioner of Taxation v Gergis (1991) 91 ATC 4510 and Deputy Commissioner of Taxation v Ho (1996) 131 FLR 188. Without a stay the appellant was likely to suffer an aggravation of a psychiatric condition as Orme has, misrepresented “reactive depression” was not “adjustment disorder” at the time of the appellant’s discharge from the Army. There is and was plentiful evidence and Orme did not tell the truth and has oppressed this appellant by indicating reactive depression was not known psychiatric condition to him and the appellant was a known lazy person in the Army. Simpson FM did not:

Stayed to prevent procedural fairness and hardship and an abuse of the process of the Court.
Look behind the decisions as it stood.
Seeking His Honour to go behind the judgment debt was not like the case and coercive criminal tactics had been used on the appellant and it was not like the case of Emerson v Wreckair Pty Ltd (1992) 33 FCR 581 at 589.

Simpson FM did not construed, the Act, and regulations and has created a new regime of strict compliance one for himself and not for the debtor and letting the creditor as an honourable and excusable persona on a creditor issuing a bankruptcy notice. The tenor of the Act and Regulations is not consistent with that conclusion. It has retarded an attempt to recast the process of issue of a bankruptcy notice in terms of more understandable to a judgment debtor, but the essential requirements of a bankruptcy notice remains as they have been stated by the specific legislation over many years.

Proper construction of the Act and Regulations must take account of the substantial amelioration of the effects of bankruptcy under the legislation that has taken place since the days when bankruptcy was regarded as penal in nature. Once before the creditor’s pension was declared invalid and this time the respondent has come up again as an oppressor. Where it is contended that legislative provisions provide for consequences of invalidity, construction of those provisions must have regard to the overriding purpose of the legislation as a whole. That principle was stated as follows by McHugh, Gummow, Kirby and Hayne JJ in Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 at 390-391.

In Deputy Commissioner of Taxation v Woodhams (2000) 169 ALR 503, the High Court at [33]-[41] affirmed that it is the statutory purpose to be served by a statutory notice which determines whether a purported notice complies with the requirements of the legislation, or is a nullity.

Simpson FM did not have regard to the appellant’s argument that the respondent as to not providing the details of orders and/or judgments of His Honour Mansfield J in SAD 74 and 79 of 2007 that had different schemes and scope and purposes of two separate legislations and regulations misled him. This critical portion of the judgment in the landmark case of the High Court of Kleinwort Benson Australia Ltd v Crowl at 79 that said, “The authorities show that a bankruptcy notice is a nullity if it fails to meet a requirement made essential by the Act, or if it could reasonably mislead a debtor as to what is necessary to comply with notice: James V Federal Commissioner of Taxation [1955] HCA 75; (1955) 93 C.L.R. 631, at p. 644, Pillai v Comptroller of Income Tax [1970] A.C. 1124 at p. 1135. In such cases the notice is a nullity whether or not the debtor in fact is misled: In re a Judgment Debtor, 530 of 1908 [1908] 2 K.B. 474, at p. 481.” (Emphasis added).

In my opinion, there is substantial non-compliance with the prescribed form as permitted by s. 25C of the Acts Interpretation Act (Cth) for the same reasons as of above facts that the appellant was misled whether real or otherwise. The particulars for for and content to be defective in the bankruptcy notice:

The requirement of the bankruptcy notice accord with judgment of SAD 74 and 79 of 2007 means that amount claimed in the notice should be same as in the judgment order. However, it is the amount due at the time of the issue of notice, which should be claimed, which may include taxed costs. See Re Jack; Ex parte CV Holland (Holdings) Ltd (1959) 19 ABC 268.
The judgment is itself evidence of the amount of the debt, however, the court has a discretion to go behind the judgment in order to determine the true amount owing, at least where the judgment was obtained by default and would reveal a significantly less amount. See Re Prossimo; Ex parte De Marco (1952) 16 ABC 86.
The amount claimed in the bankruptcy notice was less than the true debt per SAD 74 of 2007, and this portion of SAD 79 of 2007 was purported to be used for harassment through the Bailiff Higgins now under police investigation for assaulting the plaintiff. That inconsistency of two notices not being served under two different legislations did not reflect the true judgment of Mansfield J, and led in fact Simpson FM into error in his belief that the two notices were correctly issued under s. 37 of the DFRDB Act, which brought the judgment of Mansfield J into disrepute. The appellant argues it was a formal defect or in the alternative an irregularity, which amounted to cause the appellant significant injustice. See Re Athans; Ex parte Athans (1991) 29 FCR 302, Fed C of A, Full Court.
Not putting two bankruptcy notices that reflected two sets of legislation with the judgment was substantial injustice, which went to the notion of the characteristics as a formal defect or irregularity. See Re Athans; Ex parte Athans (1991) 29 FCR 302, Fed C of A, Full Court. It was one, which went to a requirement made essential by the Act. See Re Long; Ex parte Fraser Confirming Pty Ltd (1975) 12 SASR 130. A failure to include in the notice information (as this case) required by the Act or the regulations made under the Act, will be treated as a failure to meet a requirement made essential by the Act. See Bendigo Bank Ltd v Williams BC200001866 [2000] FCA 482, Full Court.
In determining whether substantial injustice has been caused by a defect or irregularity, the court asks whether the defect or irregularity is one, which could mislead the debtor as to what is necessary to comply with the notice, like in this case. See examples of defects which have rendered the bankruptcy notice invalid like this case in Re Schierholter; Ex parte Geis (1978) 32 FLR 22,Fed C of A (a claim for part only of judgment costs).
The question is whether the defect is ‘objectively capable of misleading the debtor’ was not properly assessed by Simpson FM. See Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 at 80.
Facts known to the debtor outside those contained in the bankruptcy notice will be taken into account for this purpose and Simpson did not do this for an improper purpose. See Clyne v DCT (1982) 42 ALR 703.

Because, Simpson FM was contrary to the High Court Rules and much more, significant miscarriage of justice has occurred to the appellant. Thus, his judgment should be disturbed.

Conclusion

The decision of Simpson FM should be disturbed, as it has been unreasonable and unfair on the appellant who never had any valuable asset, and the instrument of bankruptcy was used to show the performance might of the respondent’s power for an improper purpose.

Date: 8/16/2008 11:41:26 AM




………………………….(Appellant)