Winning the Blog Wars

By Gi Linda.

The "Battle of the Blogs" was won with a welcome victory for truth and justice in NSW Supreme Court on October 3rd, when Justice Lucy McCallum ruled in my favor and rejected an injurious falsehood claim by Mt Warning Eco Village demanding a gag on freedom of speech and removal by court order of the blog, "Mt Warning Eco Village - A Warning".

The BlogWars began when defrauded investors decided strategies to recover collective losses of more than $1.5 million that we suffered after investing in Mark Darwin's land-share scam in 2014-5. We were preparing legal action and decided to start a blog to document our experience and warn others who were being sucked into the same vortex of deception that had robbed us of our life savings.

Having professional skills in media and journalism I agreed to author the blog on behalf of the "Group of Investors Defrauded by Darwin".

The blog warns that Mount Warning Eco Village is the latest attempt by Darwin and Brennock to form a "Village Community" on environmentally protected land without development approval. Alluring marketing hides the reality of a project already marred by the deep footprints of a long trail of disenfranchised investors whose broken dreams and empty bank accounts have caused a lot of anger and a deep interest in vindication.  

The first failed attempt by Darwin and Brennock to form "Bhula Bhula Village Community" under the deceptive auspices of "Truthology", was from 2014-17 at 3222 Kyogle Rd, Mt Burrell. Investors were led to believe we would have an equitable interest in the land that we collectively purchased, but we were scammed when instead of purchasing the land through a legitimate Community Association, as promised, the property was bought using our money by a private company with Adrain Brennock as self-appointed sole director and sole shareholder, effectively owning and controlling the land we paid for by holding a $1 share. 

In retaliation for the blog and my news report exposing them, in December 2016 the "Bully-Bully-Boyz" blocked my access to the land, smashed my camp, destroyed my Garden and stole my mobile home and belongings.

The police were told by the "Bully-Bully-Boyz" that Adrian Brennock was owner of the Land and that I was a "trespasser". They requested and received police assistance, so I filed criminal charges of fraud and larceny as a private prosecution.

The defamer charges the defamed with defamation!

In attempts to menace and damage my professional reputation, Mark Darwin, as founder of the failed "Bhula Bhula Village Community" and "creator" of "Mount Warning Eco Village" fueled the Blog Wars with vicious ad hominem attacks and false reports of legal matters. 

At the same time as publicly slandering and publishing malicious lies about me, Darwin and Brennock also initiated a defamation case and an injurious falsehood case against me in NSW Supreme Court.

A first injunction requesting court orders to remove this blog was withdrawn after two hearings by Darwin/Brennock's barrister, Dauid Sibtain, for lack of evidence that development approval was in place prior to selling home-sites. 

A second  urgent interlocutory injunction by Darwin and the boyz requested a Duty Judge to make a summary judgement to gag free speech, but was referred back to Justice McCallum on the defamation list.

After eight hearings of this matter in Sydney Supreme Court, Justice Lucy McCallum announced her judgement rejecting the claim by Mt Warning Eco Village that this blog contains injurious falsehoods that have damaged the inchoate company's commercial interests. 

This decision was made only on the company's request for an interim gag order until a final hearing of evidence of injurious falsehood. It's not yet known whether the defeated plaintiffs will now withdraw the charges or continue the Blog Wars slugfest.
 
Defamation Case

Apart from the company's injurious falsehood litigation, the original defamation charges against myself and Nimbin GoodTimes are still ongoing with claims for damages of over $3 million regarding an article I authored that was published by the Nimbin GoodTimes in October 2016; "The Truth About Bhula Bhula" that reveals Darwin/Brennock's land-share scam at Mt Burrell. 

Nimbin GoodTimes editor Dob Dooley quickly capitulated to the intimidation of threatening litigation. In exchange for promises that Nimbin GoodTimes would not suffer any bad times, Dob Dooley deleted my article from the newspaper's online archive and threw me under the bus with promises to Darwin and the bully-bully boyz of an apologetic retraction and the gift of free full page ads in every issue for the next year.

Darwin loudly celebrated by publishing his Pyrrhic conquest of Dob Dooley on his vicious blog dedicated to a false narrative mutilating my reputation and misreporting legal proceedings. Darwin uses his malicious blog to promote a false reality, painting himself as a hero whose failures are transmorgified into incredible delusions of success.  

Following the court decision not to take down the blogs, the promised retraction and ad have not been published in the Nimbin GoodTimes, although the original article has been removed from the paper's online archive.

The deleted  Nimbin GoodTimes article is archived here: "The Truth About Bhula Bhula".

Underlying Darwin's mendacious blog, the scoffing of spamming comments and the manic "Bah-ha-ha" of threatening emails sent to opponents by his avatar, "Dummass Boofhead", there is a claim that my professional qualifications are fake. Until now I have ignored Darwin's taunts, insults and contemptuous threats. However, since his malicious attacks have escalated and the litigation is a public matter, as writer of the Nimbin GoodTimes article exposing the land-share scam, and principal author of the blog facing defamation and injurious falsehood litigation, to validate my credentials I have posted below a synopsis of my filmography:

Gi Linda FILMOGRAPHY

 

Gi Linda -- Gillian Linda Norman, nee Brown

Former BBC Reporter - Award-winning Documentary Filmmaker - Blog Author

After studying Psychology at Leeds University and Illustration at Harrow College of Art in the 1970s, Gillian combined work in news media with social justice activism producing audiovisuals and videos with the London Mennonite Center to support the Campaign for Nuclear Disarmament.

   

With a career in media and social justice activism now spanning four decades and recognition in international documentary film festivals, Gi has produced educational and promotional videos, music videos and documentaries with human rights groups, environmental groups and NGOs, including UNICEF, UNESCO, FAO, Fundacion Natura, the Guatemalan Human Rights Commission and the Honduran Human Rights Committee.

During the 1970-80s, Gi was a freelance radio news reporter for  BBC Radio and LBC Radio in London, and a staff researcher/reporter on the Day One program with BBC TV in Manchester.

During the 1980-90s, Gill Brown was based in Washington DC, El Salvador, Guatemala, Honduras, Nicaragua and Ecuador as a news reporter with BBC Radio, National Public Radio, CBC Radio and Univision, and as a freelance journalist she filed news reports on the conflict in Central America for the London Sunday Times and the Daily Express.  

Based in Nicaragua, Gi was first to break the news of CIA control of anti-Sandinista Contra rebels on BBC Radio World Service. She is a co-author of the book ‘La Revolucion en Nicaragua’ published by Zed Press. 

As producer/director/writer/photographer/editor, Gi’s documentaries ‘The Pentagon Republic’ and ‘Honduras the Undeclared War,’ produced with the Honduran Human Rights Committee, expose the CIA’s Contra war in Nicaragua and were broadcast internationally. ‘The Pentagon Republic’ was selected at Leipzig and Rome Film Festivals.

In Central America and South America,  Gill Brown produced social justice documentaries with Chilean journalist Edgardo Reyes, including:

‘Cruel Land’, exposing collaboration of American evangelicals with the CIA in eradication of Mayan communities in Guatemala in favor of corporate expansion.

'On the Street' for UNICEF shows the plight of street children in Guatemala.
'Weavers of the Rainbow' for UNESCO documents Mayan artisania in Guatemala.
 
With producer Edgardo Reyes, Gi won Best Documentary Award at New York’s Global Village Film Festival in 1984, as director/writer/photographer/editor of ‘The DarkLight of Dawn’, a documentary on Mayan ethnocide in Guatemala. ‘The DarkLight of Dawn’ is distributed by Icarus Films, NY, and was selected at Leipzig and Rome Film Festivals. A segment was broadcast on the US McNeil-Lehrer Newshour.

‘Solidaridad, Fe y Esperanza’, with the Vicaria de Solidaridad in Chile, shows the plight of the detained and disappeared during the dictatorship of General Pinochet, and was selected at Havana Film Festival and Rome Film Festival.

In Ecuador, Gi produced "Amigo Penacho", a multi-media series on environmental conservation for the Ecuadorian government. Documentaries for environmental protection groups include:

‘Los Ultimos Manglares’ that shows the destruction of the coastal mangrove forests by shrimp farms.
‘Chongon Colonche’ an environmental education documentary with Fundacion Natura.
‘Green Gold - Black Gold’ reveals the impact of oil exploitation on Ecuador’s Amazon tribes.

After producing promotional videos for the Galapagos Islands National Park and the Charles Darwin Research Station, Gi produced/presented a 32-part radio series, ‘Mystery of Mysteries’ with HCJB Radio, Ecuador on evolution v creationism.

During the 1990s, based in Cleveland, USA, Gi co-produced/presented a series of video documentaries on the creation v evolution debate with American Portrait Films, including 'The Grand Canyon Catastrophe' 'Raging Waters' and 'From a Frog to a Prince'.

Settling in Australia in 1994, Gillian was a radio presenter with Rhema FM in Nambour and Noosa Community Radio before marrying Trevor Norman. She was a contributor of articles to the online news-site rense.com, and produced a social justice documentary, ‘ShadowPlay - The Hidden Hand.’ 

 
'ShadowPlay - The Hidden Hand', revealing the hidden hand behind 9/11 and use of state-sponsored terrorism in the rise of a globalist Empire, was screened at Bloor Cinema in Toronto and 9/11 Truth Conferences in Vancouver and Sydney, but distribution was obstructed.

During 2012-14 Gi Linda produced a music video at the  Glenugie blockade of Metgasco’s fracking site, ‘Bad Gas!’, produced videos for Nimbin Hemp Embassy and was moderator of Mullum Forums and Byron Forums - discussion groups on global issues with local impact.

Gi is currently in development of a documentary: ‘Danger in Paradise - Fukushima’s Invisible Tendrils’. She is studying law and writing a book: "Lambs in WolfLand".

Shadowplay - The Hidden Hand 

Bad Gas!
Forbidden Weed

Ripped Off

By Stuart Newman - A Defrauded Investor

Unfortunately everything on this Blog is true!

I say "unfortunately" because I am one of the members of this failed community. Very unfortunate for us. It has destroyed our lives. Now trapped in limbo, we are trying desperately to get our life savings back.

 My hope is in posting this that someone will read this before they fall victim to these scam artists. I say "scam artists" but I don't mean "artists" in any pretty way. The way they work is very ugly. Total con-men! Slick sales and the ability to lie directly to your face knowing all along that they plan to take your life savings and use it to buy themselves expensive toys and fund the expansion of their financial shit show.

Our community did not fail because of personality differences, it failed because it became obvious that the financials were being kept secret and that $600k was missing from our accounts. 

Records show it was taken by Mark Darwin and Adrian Brennock and the small team of dumb asses that have been suckered in to follow them.

It also became obvious that they had hidden a town planners report that showed we would never be allowed to build our community there due to water catchment restrictions that they knew about all along.

Now they have crashed us into liquidation 2 days before we were to vote a new trustee and try to rescue ourselves. They have added $550k of fake creditors to the company -- all made-up expenses from their friends and family and other companies they control.

No valid attempt was ever made by them to sort this community out. Their plan is purely to make lots of money off the backs of families who are wanting to build community. 

And now they are doing it to another group of poor unsuspecting folks. My heart goes out to those folks.

As for Mark Darwin, Adrian Brennock, Cherrie Stokes, Steve McSween, Richard Moate, Phillip Dixon: The words "Narcissistic Psychopaths" come to mind.

May justice prevail! May we find our way back to peace!

Please share this to anyone who maybe thinking of "community "

in the Mt Burrell, Uki, Nimbin area.

Save them from these sharks!

Justice is on its way!

Mt Warning Ecovillage - Dreamweavers of Deception

Truth On Trial - Part 3
By Gi Linda

I am Gillian Linda Norman, a self-representing co-defendant with the Nimbin GoodTimes in case #2017/00081825, Darwin v Norman, on the Defamation List. The matter is scheduled for second listing on September 15 at NSW Supreme Court before Justice Lucy McCallum. 

The plaintiffs bringing defamation charges are Mark Darwin, Adrian Brennock, Phillip Dixon and Steven McSween, who have now added Mount Warning Eco Village Pty Ltd with a new complaint of “injurious falsehood” requesting orders that this Blog, “Mount Warning Eco Village Scam” be suppressed for causing “possible loss of commercial opportunity”. 

 
Even before the hearings commenced, Mark Darwin, using his pseudonym “Dummass Boofhead”, had announced victory in advance in a gloating email. “Boofhead”, with characteristic “Ba-ha-ha-ha-ha” signature tune mingled with scoffing, menacing threats, wrote that Mark Darwin wished to inform me that he was wetting himself with delight because he had arranged for me to be bankrupted and sectioned for psychiatric examination, then intended to grab for himself my Mercedes 4wd.

On August 24, a Notice of Motion by the plaintiffs, made without reasonable notice to me, the respondent, and relying upon “confidential evidence” that I am not permitted to see, requested a Duty Judge to make a summary judgement for removal of this Blog without providing opportunity for defence.

The plaintiffs had kindly filled out for the Judge the appropriate form listing the expected orders, all ready to sign. Unfortunately for Darwin & co, with the matter listed for a 5 minute “directions hearing”, Justice Button did not make a summary judgement, as requested. Instead, he referred the matter to be heard the following day by Justice McCallum, who manages the defamation list.

This hearing on 25/8/17 was scheduled to last one hour, yet the plaintiffs’ representative, barrister Dauid Sibtain, spent three hours arguing that “injurious falsehood” had occurred with malicious intent, causing the plaintiffs financial distress, therefore the Blogs must be removed. To permit my response to the charges, Justice McCallum scheduled another hearing, the fourth for this case, listed for Friday, September 1st at NSW Supreme Court.

Context to the Claim

I am one of 27 defrauded victims who collectively paid the purchase price for a property at 3222 Kyogle Rd, Mt Burrell, NSW 2484, that has been kept under control of delinquent directors through a Trust improperly executed  by the plaintiffs. 

Investors in the property were defrauded as a result of misleading marketing by the same aspiring “developers” now involved in “Mt Warning Eco Village”. Our story has been reported in several newspapers and is extensively documented in our own online Blogs: 

mountwarningecovillagescam.blogspot.com.au and 

thetruthabouttruthology.blogspot.com.au

Most investors in the failed land-share “Community” were not informed that the advertised “home-sites” were located on water catchment land. A report by town planner Darryll Anderson warning that multiple occupancy would not be permitted on that property was hidden from investors in 2015 by project managers Mark Darwin and Adrian Brennock.

In 2016, when we discovered the deception, the “Community” split. Those who demanded accountability were driven off the land without return of investment. Others constructed dwellings and camps, and remained residing on the land in defiance of Council’s demands, until, a year later in 2017, they were forced to comply with Court orders of eviction.

Marketing Lures by Dreamweavers of Deception

After flagrantly betraying the trust of investors who provided the finance for purchase of the Mt Burrell property, Darwin and Brennock expanded their vision to an even bigger “Community”. 

They are now advertising “Mt Warning Eco Village”, on adjoining property owned by Peter Van Lieshout, disavowing their roles and responsibilities as founders of the failed “Bhula Bhula Village Community”.

When my statutory demand for for $120,000 on the company Wollumbin Horizons Pty Ltd, was upheld in Brisbane Federal Court, Adrian Brennock, being self-appointed delinquent director, signed a “contract” with Mt Warning Eco Village Pty Ltd to buy our land for $2.25m, about $1m over market value. 

Brennock then put the company into Voluntary Administration with Vincents Accountants, who are currently assisting the plaintiffs in a "phoenix move" to burn the company, disenfranchise investors and transfer the land asset to their private control.

Disenfranchised purchase money creditors with only an empty beneficial interest in a fraudulent Trust, were informed by Vincents that in order to enable transfer of our property to Mt Warning Eco Village, a deposit was secured by the plaintiffs with “vendor finance” consisting of a $1m mortgage over our land by  Adrian Brennock, delinquent director of the “insolvent” company.  

Mark Darwin, "Creator" at Mt Warning Eco Village

Mt Warning Ecovillage - Misleading Marketing

 

Mt Warning Eco Village response to a Facebook inquiry:

“Hi Craig,
We are expecting for share holders to be able to start building in around august as that’s roughly when DA will be coming through. Shares start at $189k and go up to $325k for 2.5 acres (I acre you can clearable and build on and then you will have a 1.5 acre surrounding that). Pre DA sale price is 20% off so a $300k lot is $240 at the moment, a saving of $60k)”

 

The plaintiffs claim that appropriate development approval is in place for an existing ecovillage located on property owned by Peter van Lieshout between Mt Burrell and Kungar, NSW, formerly known as “Nightcap Forest”, and that this supposed development consent also extends to several other lots comprising their proposed “Mt Warning Eco Village”, thus validating solicitation of loans and sales of land-share parcels by the plaintiffs.

The claims are misleading: Modified Development Consent DA06/1054.01 was issued in 2011 in association with a 2009 DA06/1054 for a concept plan for Nightcap Village. Annexure A is a submission to Tweed Shire Council dated Jan 2017, from Darrell Anderson, Director, DAC Planning, [formerly Darryl Anderson Consulting], on behalf of Rainmaker Eco Investments Pty Ltd, [one of the companies operated by the plaintiffs]. The submission was intended to obtain Council’s acknowledgement that development was “physically commenced”, and that development approval for “Nightcap Village” did not lapse in 2014. 

The response from Tweed Council does not provide the solicited acknowledgement of active development consent, although it is presented as supporting evidence of “existing development approval” for the proposed “Village”.

In relation to MDA06/1054.01, a carriageway survey was done in 2012. On June 16 2014, several dumpy pegs were placed in the ground to indicate where proposed access road might be situated in a concept plan for Nightcap Village proposed in DA06/1054. The DA was due to lapse on June 29, 2014 for failure of commencement.

In relation to the minimum acceptable activity for an inactive development to be considered “commenced”, s95(4) of the Environmental Planning and Assessment Act establishes that “Development consent… does not lapse if building, engineering or construction work relating to building, subdivision or work is physically commenced on the land to which the consent applies before the date on which the consent would otherwise have lapsed under this Section.”

Anderson argues that placement of stakes as surveyors’ markers, constitutes commencement of development, even though no actual physical building, engineering or construction work subsequently took place.

According to Tweed Council’s response in Annexure C, Lindsay McGavin, Manager for Development Assessment and Compliance with Tweed Council, says the prospective developers have not satisfied two preconditions, required for initiation of works, and so have failed to comply with necessary conditions for development commencement. Mr McGavin also notes that the supposed work relied upon does not form part of the development consent as amended, and also advises that “Council has no statutory role in confirmation of physical commencement of development.” 

Council has confirmed in direct consultation that a decision as to whether the placing of surveyors’ dumpy pegs in the ground validly constitutes physical commencement is a judgement that can only be made by the Land and Environment Court subsequent to lodgement of a Development Application for Mt Warning Eco Village.

In minutes of a Tweed Shire Council Development Assessment Panel held on May 31, 2017, it is noted that the site has an historic Development Application, DA06/1054, for “Nightcap Village” but “commencement needs to be demonstrated.” The proposed site is also affected by restrictions relating to “drinking water catchment, existing and future water storage facilities.”
 

It is clear, therefore, that it cannot correctly be said by the plaintiffs that development approval for “Mt Warning Eco Village” or “Nightcap Village” is active, since preconditions to commencement of works have not been fulfilled, and adjudication of the validity of the claimed development has not occurred, and cannot occur prior to submission of a DA application for Mt Warning Eco Village, which has also not occurred.
 

Response to the Affidavit of Phillip Dixon, Third Plaintiff

 
My response to Phillip Dixon' s claim that the following allegations are false:

(a) That Mt Warning Eco Village is a scam — It is factually true and demonstrable with evidence that Dixon, Darwin, Brennock and others have been operating an "intentional" land-share fraud from 2014 until the present.

(b) That no habitation is allowed on the land located at 2924 and 2954 Kyogle Road, Kunghur, NSW. 

The Blogs correctly state that no habitation is allowed on the home-sites currently being advertised and offered for sale. Although under normal circumstances dwelling could be permitted in these areas zoned RU2, in fact, habitation is prohibited on the advertised lots since they are located in environmentally sensitive areas reserved for rainwater catchment.

(c) That there is no development approval granted for Mount Warning Eco Village by Tweed Shire Council — True

(d) That Mount Warning Eco Village’s governance is the same as Wollumbin Horizons Pty Ltd 
Mount Warning Eco Village is run by Mark Darwin, Adrian Brennock, Phillip Dixon, Cherrie Stokes, Martin Maddran and formely Steven and Kelly McSween, who were all involved in  the land-share scam at 3222 Kyogle Rd. Mount Warning Eco Village’s governance also includes landowner Peter van Lieshout, who was not involved in the plaintiffs’ failed Community on the property adjoining his estate.
 

As co-director of Mount Warning Eco Village with landowner Peter van Lieshaupt and Cherrie Stokes, Phillip Dixon claims that because of the Blogs, four possible loan agreements have fallen through, totaling a commercial loss of $600,000 and putting at risk the plaintiffs’ ability to proceed with a Prospectus and Development Approval for the Land with a further potential commercial loss of over $46,000. This represents feared future loss, but does not prove actual damage.

Phillip Dixon claims Mount Warning Eco Village Pty Ltd is relying on Loan Agreements to purchase our land at 3222 Kyogle Rd, for $1m over market value and complains that the Blogs may jeopardize this attempted phoenix move. His complaint represents feared future loss of commercial opportunity, but does not prove actual damage caused by the Blogs.

Phillip Dixon cites his plans as director of “Cannabis Industries Australia”, (CIA) to establish a cannabis farm and claims he will suffer potential financial loss of $650,000 because of a Blog post which exposes details of the plaintiffs’ fraudulent venture involving sale of shares in a non-existent “Cannabis University” offering to dispense “medical cannabis”.

Phillip Dixon provides no evidence that information conveyed in the Blogs has caused or will cause his possible failure to procure loans, or any other loss of future commercial opportunity.
 

Response to the Affidavit of Adrian Brennock, Second Plaintiff
 

The Second Plaintiff, Adrian Brennock, is the self-appointed director and sole shareholder of the company Wollumbin Horizons that owns the land paid for by defrauded investors.
Imputations complained of are significantly true and have been answered in detail in previous defence.
 

Allegations made against me by Adrian Brennock are false and maliciously defamatory.
 

The affidavit contains many perjured statements including:
    (a) False accounts of legal proceedings I have brought against the plaintiffs.
    (b) False accounts of the plaintiffs’ dealings with Tweed Council.
    (c) A false account of my Genuine Steps initiative of settlement in the Federal Court.