AUSTRIAN JUDGE CAUGHT IN WRONG DOING MOVES TO SILENCE WHISTLEBLOWER JANE BURGERMEISTER BY PUTTING HER UNDER COURT SUPERVISION
June 30, 2010 by Jane Burgermeister
An Austrian judge who has been caught out in wrong doing applied yesterday for Jane Burgermeister to be placed under the guardianship of a court in a move that would result in Burgermeister being deprived of all her basic freedoms and rights, including the right to property and the right to represent herself in court.
The judge’s move came after Burgermeister was given permission see the files in the court of Hietzing, Vienna, concerning the administration of the estate of her late father – and documented hard evidence yesterday of the manipulation of those files suggesting wrongdoing and false statements.
Burgermeister subsequently sent a fax of some twenty pages to the court listing the specific documents missing, and also including copies, and asked for these documents to be included in the official court file.
This move clearly so worried Hietzing judge Magister Michaela Lauer that she wrote a letter yesterday to the court near to where Jane Burgermeister lives, in Vienna Döbling, asking for the officials there to begin the process to place her under a court guardianship.
This would strip Burgemreister of her basic rights, including the right to run her blog if her guardian refuses to allow it.
Burgermeister only found out about this extraordinary move when she returned to the court early this morning, Wednesday, having collected yet more evidence of missing documents.
The request of Lauer had been freshly added, and she was able to make a copy.
Among the documents she brought with her and asked to be included in the files were faxes and documents that showed that Dr Stephan Pflugbeil, a doctor at Lainzer hospital, had applied for the guardianship of her aunt immediately after Burgermeister had asked to see the files following evidence of wrong doing.
Pflugbeil had planned to send Burgermeister’s elderly aunt to a private old people’s home called Schloss Liechenstein Kralik outside of Vienna and with exorbitant prices – but without informing either of them, and, also, in spite of a prior written agreement in which her aunt had singled out those old people’s homes she wished.
The costs of the home were to be deducted from her aunt’s estate.
Instead of allowing Burgermeister to see the files, Dr Pflugbeil applied for the guardianship of her aunt at top speed – and the judge he applied to was Mag Michaela Lauer in the court of Hietzing, the very same judge who has now applied for Burgermeister to be placed under court supervision and stripped of her most basic rights, including her right to ask for redress in a court.
It was only because Lauer had not completed the paperwork for a court guardian to be appointed for her aunt that Jane Burgermeister was able, with the help of written and oral permission from her aunt and with the help of the Ombudsman at the hospital, to access her aunt’s hospital records.
She looked in files that were supposed to be “complete” only to find her fax listing evidence of wrongdoing in relation to Schloss Liechtenstein Kralik was missing altogether. That meant that there was no clear causal link in the files between her fax presenting evidence that her aunt was being defrauded and the application for a guardian to administer all her aunt’s estate by the very same person.
Dr Pflugbeil even told Burgermeister to her face he had only applied for the guardianship to protect himself from legal action.
Burgermeister also found evidnce of the systematic manipulation of documents in her late father’s files when she finally accessed them yesterday, Tuesday. Faxes, emails and official court documents pertinent to the case were removed.
Among the documents showing evidence of wrong doing is a letter from Lloyds TSB bank stating that they had received no letter from the solicitor Lauer had appointed, namely, Dr Eric Posvek and Magister Friedrich Hutz, requesting the transfer of funds amounting to 60,000 UKP from a Lloyds Bank account of her father to Austria.
The solicitor Hutz had told Burgermeister on the phone that he had written three times requesting the transfer of money. A copy of the letter he sent shows that it has the account number. In a telephone call with Lloyds staff, it emerged that the bank can trace any letter by the bank account alone, strongly suggesting no letter was sent.
Other emails missing included evidence she had reactivated the insurance for a house after it was wrongly cancelled.
The judge Lauer gave as totally spurious reasons for applying for a court guardianship for Burgermeister, a document that Lauer obviously never reckoned with Burgermeister ever getting to see.
Having seen her off the day before, Lauer clearly thought the coast was clear.
Lauer says in her request for Burgermeister to be put under court supervision that she is in danger of doing financial damage to her own estate.
This, in spite of hard evidence that Burgermeister had to take the intitiative to activate on March 12th a house insurance policy that had been wrongly cancelled, leaving a a house uninsured for four months and without the solicitor Hutz doing anything about it or informing the affected parties.
In addition, Burgermeister was the one who made a successful contact with Lloyds TSB bank and obtained the grant probate papers neeeded to effect a transfer of funds in compliance with a court order.
Far from causing damage to the estate, therefore, Burgermeister has a proven track record in protecting it from the significant damage due to the negligence, at best, of the solicitor.
In addition, Lauer falsely claims that Burgermeister had applied for „always new evaluations of the many properties, inspite of there being a court evalaution,” implying she is unreasonable.
But as emails and other documents show, there are only two properties and Burgermeister only applied for a second evaluation of those two properties after an application was made for a second evaluation of one property only by another party.
In an email, she explicitly said she does not want any second evaluation, but if one property was going to be evaluated anyway, then the other should be at the same time in order to ensure objectivity. She had to repeat this application over and over again because, as emails show, the solicitor, Hutz, ignored it.
Months went by but not without Burgermeister asking for ever new evaluations as Lauer claims, but with Burgermeister having to restate the same request.
Burgermeister finally found out ten days ago that no evaluation of the two properties was planned by Hutz contrary to his previous statements, and she asked for a competent solicitor to be appointed.
Instead of doing just that, and appointing a solicitor who does his job or carrying out a second evaluation of two properties as would be the correct legal path, the judge Lauer handed the estate over to a court official who can order a fire sale of all assets on spurious grounds.
And who will benefit from that?
Even though Jane Burgermeister and her brothers do not always see eye to eye, the adminsitration of the estate of her late mother, Joan McGoldrick, including a house, in England in 2004/5 went smoothly. The house was sold and the proceeds were divided.
In England, the administration of a parent’s estate goes quite smoothly but in Austria, Burgermeister could end being deprived of all her property and all her rights simply because she dared document hard evidence of wrong-doing by the judge in charge.
The appointment of a court guardian to take charge of her affairs is a move that involves such a drastic reduction of a person’s rights that according to the law, it can only be justifed as an „ultimate resort“, and is usually for the very elderly who can no longer look after themsleves.
Once placed under court supervision, Burgermeister will not be able to continue her work uncovering scandals as an investigative journalist because a guardian has extensive power determine what a person can and cannot do.
Burgrmeister has written for Nature, The Scientist, the British Medical Journal as well as The Guardian, The Observer, The American Prospect and European Voice.
Her claims that the swine flu pandemic was hyped for profit have been reinforced by a report just issued by the Council of Europe Parliamentary Assembly.
She, therefore, has a proven track record of accurate reporting.
There can be no question, therefore, of Burgermeister not being too confused to run her own life and represent herself in court.
The move to appointment a guardian is an unscrupulous bid to silence a journalist and a whistle blower.
This blatant abuse of office by a judge will fuel concerns that Austria has become a third world, banana Republic where there is no more rule of law left.
Government officials plunder citizens of their assets with impunity and then place them under court supervision whenever their victims start to take legal action in order for them to be able to continue their plunder.
A judge caught out in manipulating files to get more control of an estate can simply order the person who found the evidence to be placed in court guardianship, and deprived of all rights and all power to take any legal action.
It will take several days for the court in Döbling to do the paperwork following Lauer’s request.
Burgermeister will present the Döbling officials, among others, with documents, facts and records that strongly suggest that the appointment of a guardian for her is being blatantly and outragrously misused by Lauer to cover up evidence of a fraud.
If a judge is allowed to abuse their power so flagrantly in Austria and to force people to accept court supervision to stamp out evidence of their own crimes, no one in Austria is safe.
No one who goes into a hospital in old age is safe. And no one who makes a complaint about corrupt officials can be sure they will not be deprived of their property and basic rights by those same corrupt officials.
Whether in Canada or Austria, we see how the rule of law has been eroded.
The shocking scenes in Toronto show a police force on the rampage, grabbing citizens out of crowds, throwing them into unmarked cars and detaining them in conditions resembling Guantanamo Bay after secret powers were granted.
At the G20 summit in Canada, the world’s top Bilderberg government officials pledged to carry on their plundering of the populations of Europe and the USA by slashing national budgets to make bigger interest payments to banks for overvalued, paper property debt.
Jane Burgermeister’s father had a doctorate in economics and was able to explain the entire scam. But not even he was prepared for the corruption in Austria and in Europe in 2010.
It is a scandal that a person who has documented hard evidence of wrong-doing by a judge should be deprived by that same judge of their most basic rights and freedoms by misusing the office of guardianship.
In Nazi Germany, too, people could be deprived of all their rights, imprisoned and killed, by the arbitrary order of government officials.
Wake up, Europe! Wake up!