Fidge v Pfizer: High Court writ targets Chief Justice Debra Mortimer

Last we visited developments related to the Fidge v Pfizer case, we had a long look at ambitious arguments arranged to convince Federal Court Chief Justice Debra Mortimer to uphold a constitutional complaint against Justice Helen Rofe. Rofe had summarily dismissed Dr. Julian Fidge’s application for injunctive relief under the Gene Technology Act on 1 March 2024. The judgement is here and my post summarising the case is here.

Fidge was found to lack standing and the case did not proceed. As I mentioned at the time, this was the latest failure of case design by solicitors Katie Ashby-Koppens and Peter Fam, and retired barrister Julian Gillespie. By 22 March Ashby-Koppens and PJ O’Brien and Associates had filed the constitutional complaint with the Chief Justice, alleging Justice Rofe had concealed “her connections to Pfizer and the pharmaceutical industry, before dismissing a case to Pfizer’s advantage”. Reading the complaint, one is struck by both the tenuous nature and the sheer range of the arguments put forward to establish motive, as alleged by the complainants.

Justice Rofe omitted to disclose her role as a barrister acting for Pfizer in patent law cases around 20 years before; hence the “connections to Pfizer”. Yet her connections to “the pharmaceutical industry” rely on one following a convoluted web of associations, that are presented by the complainants as potentially nefarious only through the lens of conspiracy theory thinking. In fact the reader must also accept there are inherent flaws and a predisposition to deception associated with scientific and medical research per se, and indeed any acceptance of COVID-19 vaccines and/or COVID public health initiatives.

On 27 June a writ of mandamus was lodged on behalf of Dr. Julian Fidge at the Brisbane registry of the High Court of Australia. The defendant named was Chief Justice Debra Mortimer. As we’ve observed before, such a writ commands or dictates that an individual or government department carry out a duty that falls within their remit. We saw this in the AVN case targeting the Secretary of the Department of Health to use his powers under the Therapeutic Goods Act to cancel or suspend the provisional registration of three Covid-19 vaccines, including the Pfizer and Moderna vaccines (Australian Vaccination-Risks Network Incorporated v Secretary, Department of Health [2022] FCA 320). They too were found to lack standing.

Clearly Julian Gillespie and Katie Ashby-Koppens feel that three months is long enough to wait. Justice Mortimer has not commented and Gillespie writes that they have argued in “countless correspondence with her office ever since the Complaint was lodged with her”, pointing out their argument. It basically runs as follows:

Helen Rofe did not disclose her prior relationship with Pfizer and thus cancelled out her own judicial authority. This invalidated her 1 March ruling. Justice Mortimer should have informed her of this, Gillespie reasons. He has also peddled ad nauseam his “not a judge” theory. So, let’s look at this. Gillespie cites the High Court ruling QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (May 2023), paragraph 26. He quotes:

The question arising in the circumstances of the present case falls to be resolved at the level of principle within the framework established in Ebner v Official Trustee in Bankruptcy. Foundational to that framework are two propositions. One is that impartiality is an indispensable aspect of the exercise of judicial power. The other is that “[b]ias, whether actual or apprehended, connotes the absence of impartiality” … an actuality or apprehension of bias is accordingly inherently jurisdictional in that it negates judicial power.

With the negation of judicial power Justice Rofe is apparently “not a judge”. But let’s read that paragraph again, with all the text and a minor change in emphasis:

The question arising in the circumstances of the present case falls to be resolved at the level of principle within the framework established in Ebner v Official Trustee in Bankruptcy. Foundational to that framework are two propositions. One is that impartiality is an indispensable aspect of the exercise of judicial power. The other is that “[b]ias, whether actual or apprehended, connotes the absence of impartiality”. Leaving to one side exceptional circumstances of waiver or necessity, an actuality or apprehension of bias is accordingly inherently jurisdictional in that it negates judicial power.

Exceptional circumstances of waiver or necessity. Could there be circumstances of necessity? I’ve no idea at this point, but it seems relevant. Gillespie assumes he and others so inclined deserve the attention of one of Australia’s most senior judges. Despite being wrong five times in two years, they now seek to force the hand of the Chief Justice of the Federal Court of Australia. He accuses Chief Justice Mortimer of not “properly investigating Helen Rofe, her workmate”.

Another key reason to take this position is the belief that the ruling by Justice Rofe on 1 March is “unappealable”, yet Chief Justice Mortimer “wants to see us appeal the 1 March decision despite Dr Fidge’s legal team telling her that decision is unappealable”. The logic for this also stems from the “not a judge” mantra. The Federal Court of Appeal has jurisdiction to hear a judicial decision from a single judge. As Gillespie alleges Justice Rofe negated her judicial authority, the case did not have a single judge and they “have no decision vested with judicial authority”. Thus, the Gillespie contention is that it follows that the case is “unappealable”.

Finally, this entire manufactured affair provides an opportunity for chasing donations and to promote Australia’s anti-science senators in attacking COVID-19 vaccines. An initiative of Children’s Health Defense Australia Chapter is Section 72. The website seeks to direct devotees to lobby MPs to act in response to the constitutional complaint against Justice Rofe, and to date claims almost 9,000 have “taken action”. It also claims without any evidence that, “there is also the possibility other members of the same court are implicated in this misconduct of Justice Rofe”. Also:

Senators Malcolm Roberts, Gerard Rennick, Ralph Babet, Alex Antic and Russell Broadbent all intend to support the Complaint being dealt with properly by Parliament under Section 72(ii) of the Constitution…

Section 72(ii) of The Australian Constitution states:

The Justices of the High Court and of the other courts created by the Parliament–

  (ii.)   Shall not be removed except by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity: 

The proposed aim of this constitutional complaint has been to push for Justice Rofe’s removal from the Federal Court. Allegations of corruption and COVID conspiracy theories shape the thinking of those involved. It will be interesting to see what response if any the complaint elicits and how the recent High Court filing targeting Chief Justice Mortimer for “not doing her job” plays out.

This particular anti-vax legal saga is likely far from over.

Kambo: The promised cure linked to injury and death

An inquest into a Kambo related fatality in Northern NSW has been suspended by NSW State Coroner Teresa O’Sullivan, who referred the matter to the Director of Public Prosecutions (DPP). This is the second inquest into a death linked to the frog poison touted as an alternative medicine, to be heard at Lismore Court House since May 2023.

Jarrad Antonovich

Evidence in this case described how Jarrad Antonovich attended the Dreaming Arts Festival in Arcoora Northern NSW, on 16 October 2021. He died of a perforated oesophagus that night. His day included a Kambo ritual at around 10am. Kambo ceremonies at the festival were being run by Cameron Kite. After the Kambo, Antonovich displayed symptoms of being very unwell, including a markedly swollen neck – an adverse reaction known to be caused by Kambo. Despite being unable to stand without support by 5pm, Mr. Antonovich was later given the psychoactive brew, ayahuasca. He died during the ayahuasca ceremony after being helped into a hall where it was to take place. Both Kambo and ayahuasca are illegal in Australia. The inquest heard from different witnesses that they believed Mr. Antonovich was in need of professional help, but they had been instructed not to interfere with anyone’s “journey”, and to trust the medicine, the shamans and the organisers. The offer to call an ambulance was made by other festival attendees, but Antonovich refused and elders “reassured” concerned onlookers.

An ambulance was not called until 11:30pm and took an hour to reach the remote location. As Jarrad Antonovich’s life ended, organiser Soulore (“Lore”) Solaris was strumming his guitar at the front of the gathering, as others in another location were being guided in CPR over radio, as they attempted to save Mr. Antonovich. When paramedics arrived Mr. Antonovich was blue in the face and dead. Ten or twenty people in the immediate area were engrossed in the ceremony and one asked paramedics to “move away from Jarred because they were interfering with his aura”. Both Kambo and ayahuasca are associated with vomiting or “purging”, as adherents refer to it. Ayahuasca induces violent and sometimes prolonged vomiting. The coroner was investigating the likelihood that vomiting caused Mr. Antonovich’s perforated oesophagus. The exact reasons behind the coroner’s decision to refer the case to the DPP cannot currently be revealed.

Lore Solaris and Cameron Kite

Dreaming Arts Festival organiser Lore Solaris, a counsellor who facilitates ayahuasca ceremonies, is presently subject to a NSW Health Care Complaints Commission interim prohibition order under the Health Care Complaints Act 1993, Section 41AA. The order reads in part:

Mr Soulore Solaris must not under any circumstances provide, or cause to be provided, any health services, either in paid employment or voluntary, to any member of the public.

Interim orders may apply “during any investigation of a complaint against a non-registered health practitioner”. The HCCC may make an interim order if:

a) it has a reasonable belief that the health practitioner has breached a code of conduct for non-registered health practitioners, and 

(b) it is of the opinion that– 

(i) the health practitioner poses a serious risk to the health or safety of members of the public, and 

(ii) the making of an interim prohibition order is necessary to protect the health or safety of members of the public. 

Jarrad Antonovich’s former partner, Patrick Santucci, gave evidence in May 2023 that Lore Solaris had called to reassure him Jarrad’s death was a “beautiful occasion”. Solaris told him that kinesiologists couldn’t find anything wrong with him. Kinesiologists utilise acupressure on points of the imaginary “meridian system” and wrongly believe the body can heal itself. They focus on “imbalances” which may be caused by a forgotten memory or even an attitude. They may use flower essence or homeopathy. There is no evidence kinesiology works. Mr. Santucci testified that Solaris told him an Aboriginal elder chanted sacred songs, “calling the spirit out of his body” and that:

[T]he koalas were making a special sound that is known to the elders when the land accepts a spirit.

Protecting Ayahuasca

Both Kite and Solaris were due to give evidence on 24 May; the day the inquest was suspended. Had they given evidence, it was expected the men would have responded to alarming statements given by other witnesses, describing attempts to cover up events and mislead police. For example Mr. Antonovich had difficulty breathing, was moaning in pain and his neck was swollen to the jaw line. Kambo practitioner Laara Cooper suggested giving him ayahuasca as this could “help shift” the Kambo induced discomfort. Consequently Antonovich was given what was described as a “not small” cup of the brew by Cameron Kite at the instruction of Solaris.

Cooper and Solaris had told ceremonial “guardians” to drive to Antonovich’s home and tell his flatmate not to mention to police the use of ayahuasca, in an attempt to “protect the medicines”. The inquest heard Cameron Kite was deeply distressed by events at the festival and told his partner at the time that Solaris and Cooper “just took over” the account given to police. Festival attendees were also told not to speak to police or paramedics about what actually happened as it may “damage the good work” being done with Kambo and ayahuasca. Antonovich was found to have ingested toxic levels of N,N-Dimethyltryptamine (DMT); ayahuasca’s most powerful psychedelic.

Both ayahuasca and Kambo are favoured as alternative medicines by neo-shamanic devotees, convinced purging “detox” experiences lead to personal growth and discovery. Logical fallacies such as appeal to antiquity, appeal to nature and an unguarded tendency toward xenocentrism, leave them vulnerable to experimentation and/or regular use of both substances. Traditional use of both can be traced back to indigenous tribes of the Amazon. Ayahuasca has a well established profile of around 70 years, as a promised cure for Western ailments, particularly those with a psychological component. It has also attracted research attention in offering an overhyped role in opiate addiction recovery. Despite some evidence suggesting it may have been used as early as 2000BC, widespread use across the Amazon was reliably established in the mid-19th century. Ayahuasca religions emerged very late in the 19th century. The Antonovich inquest heard that a Brazilian blend of Christianity and Amazonian shamanism (including drinking ayahuasca) had gained influence over The Australian Church of Ayahuasca, which had been active in the Northern Rivers region.

Kambo

Kambo has a much shorter history as a choice of alternative therapy in Western society. It gradually attracted interest after the International Association of Kambo Practitioners (IAKP) was established in 2014. Despite the flowery, earthy tones on their site, Kambo is emerging as a substance with a much higher risk profile than ayahuasca. IAKP claim:

IAKP teachers guide students to cultivate a profound comprehension and reverence for this potent natural modality. By enriching and forging connections with the intelligence and spirit of Kambo, our training courses enable practitioners to embrace personal growth, embark on a voyage of self-discovery, and engage in selfless service to others through the safe application of Kambo.

Kambo is collected from secretions of the Amazonian giant leaf frog, after “agitating” the innocent amphibian. Images suggest more than a little agitation is needed as they depict a frog tied by each leg and stretched asunder. The secretions are dried and packaged. Kambo is illegal in certain South American countries unless used in traditional indigenous practice, including Brazil. For Western ceremonies, the poison is reconstituted with water or saliva and applied to burn sites made with a smouldering stick on the arms, legs, chest or shoulder. Lucky recipients may get a dash of “dragons blood” tree sap as an antiseptic. The poison quickly makes its way into the lymphatic system then the bloodstream, and the effects begin.

Kambo lacks the psychedelic and hallucinogenic experience that ayahuasca brings. Writing for The Conversation Martin Williams notes:

Typically, the first symptoms reported are an initial rush of heat and redness of the face. Nausea and vomiting are often experienced within several minutes, accompanied by general malaise, racing heart, dizziness and swelling of the face, and sometimes an urge to defecate. Further effects include the feeling of a lump in the throat or difficulty swallowing, abdominal pain, nausea, vomiting, diarrhoea, runny nose and tears, swollen lips, eyelids or face, and occasionally a swollen tongue or throat.

Adherents claim this process rids the body of toxins, although there is no evidence supporting the claim. In 2021 the Therapeutic Goods Administration (TGA) classified Kambo as a Schedule 10 poison (page 9). They are defined as, “substances of such danger to health as to warrant prohibition of sale, supply and use”. Kambo does not have any medicinal benefit and can damage the liver, stomach and cause cardiac arrest. Visiting the IAKP website page on contraindications yields nothing but arguably useless advice; “For the latest updates and safety information relating to contraindications and cautions, please seek guidance from an IAKP trained Kambo practitioner.”

In the Natasha Lechner inquest findings, Coroner Teresa O’Sullivan referenced medical contraindications “according to the IAKP” (page 9) and observed it was unclear if these are supported by peer reviewed research. She also criticised the paucity of the IAKP information relating to “risks” and particularly IAKP training material on the risk of death. One thus wonders if the present absence of contraindications is a policy recently adopted by the IAKP. More so the IAKP Code of Ethics and Professional Practice omits any reference to the dangers of Kambo itself.

Natasha Lechner

Natasha Lechner died on 8th March 2019, following a Kambo ceremony at her home in Mullumbimby. The inquest into her death was held at Lismore in May 2023. NSW State Coroner Teresa O’Sullivan handed down her findings in February 2024. The coronial findings (PDF) provide valuable insight into the insouciance with which self proclaimed shamanic healers prepare for what is known to be a high risk “ceremony”, and the potential for tragedy that awaits vulnerable individuals drawn into this culture. This was an unnecessary death stemming from a failure to call for help.

Natasha lived with a number of chronic health issues and was unable to work. Two months before her death she had undergone a two week basic Kambo course run by the IAKP. The coroner found that the IAKP was founded by Karen Darke who has no medical qualifications. IAKP has no input from toxicologists or medical practitioners in development of their training materials. Natasha took her role as a Kambo practitioner seriously.

In 2014 Natasha met Victoria Sinclair who, as a senior Kambo practitioner used the name Maestra Victoria. Her website mentioned in the coronial finding is still available. She advertises herself extensively, including:

Victoria is a transpersonal (eco)psychologist, trauma and postcolonial theorist and plant medicine practitioner, working on a High Priestess Level of initiation, ordained through several lineages and acknowledgments and in terms of shamanic initiation and training she worked prolifically in the Free Party Scene in Europe since 1990s and has been journeying and working extensively in Central and South America and Australia since 2006.

Indeed. Ranging a little further than the inquest findings, one discovers this woman has more qualifications I’m not familiar with. Such as these “therapeutic qualifications”:

Victoria has been a Reiki practitioner since 1999 and is a Master of both Tibetan Usui Reiki and Sekhem – Seichim – Reiki.  She has been teaching people globally since 2012 and has dedicated herself deeply to upgrading Sekhem teachings to help to create a Higher Pathway to Metaphysical Ethical Practitionership as part of her Dharma.

Her training background includes;  Transpersonal Psychology, Non-Dual Astrology, Epigenetics, Trauma work, Pranayama, Kundalini Yoga, Plant medicines, De-colonisation and Quantum, sound and ancestral practices… She is also a plant communicator.

If you’re not convinced you’d want to be alone with Victoria when you take a frog’s defensive secretion that the TGA later classified as a schedule 10 poison, be aware that Victoria also works with indigenous groups, “around spiritual sovereignty and healing of self and eliminating planetary dis-ease to nurture higher vibrational being for the new age and evolution of homo luminus.”

Ranging a little further allows us to meet her latest incarnation, Victoria Padma Khandro, who is offering over this year and next:

  • High Level Multidimensional Mentoring
  • Non-Dual Astrology readings and Time-line work
  • Soul-plan work involving fusion clearing, psychotherapy, Quantum Transfiguration, Ancestral Work, Gene Keys and Astrology zero-pointing
  • Therapeutic packages including ancestral work, IFS, Quantum Transfiguration, Quantum Art Therapy and sometimes in-house referrals to deepen the scope of the work.

Returning to the inquest findings, we find that before 2019 Victoria had performed Kambo ceremonies on Natasha who either paid her or provided accomodation. In March 2019 Victoria Sinclair was visiting from Ireland and was staying with Natasha at Mullumbimby. Before Sinclair arrived Natasha had reported feeling “really off”. It should be stressed that the “ceremony” was Natasha’s idea. They began the ritual by using Sananga eye drops. Sananga is another psychoactive plant extract associated with a host of unproven health benefits. Natasha administered Kambo to Sinclair who vomited, as expected, without incident.

Sinclair administered the burn wounds onto Natasha with an incense stick, then applied the Kambo. Immediately Natasha became faint and lay down. Two minutes later she sat up, grabbed Sinclair’s hand and said “this isn’t good” or “something’s not right” before passing out. Sinclair thought she might be “processing something” and held her upright for about 10 minutes as Natasha made moaning noises. Only then did she lay Natasha down in the recovery position and remove the poison from the wounds. She attempted to revive her by pouring water over her head. Then noticing goose bumps, assumed she was cold and began to massage her limbs.

Sinclair began CPR after noticing Natasha’s lips were blue. She attempted to use a mobile phone to call an ambulance. This failed as “she did not normally use mobile phones” and didn’t know the Australian emergency number. I find this deeply troubling as mobile phones allow access to dial emergency services without needing to be unlocked, or input of the specific number. As the more experienced Kambo practitioner, with a promoted reputation of travelling the global party scene, Sinclair should have known this. Natasha’s house-mate arrived home around 90 minutes after the ceremony had begun. She immediately began CPR and called an ambulance which arrived within 5 minutes. Natasha was already dead. Despite testifying she had ceased Kambo administration after Natasha’s death, Victoria Sinclair still advertises the service. The coroner specifically addressed the legalities of Sinclair’s involvement on pp. 12, 13 & 15.

As I touched on above, the coroner was critical of the IAKP training material on the risk of death. Evidence given by Sarah Morrison (aka Aisha Priya) cited the various risks discussed (page 10). On death, information for Kambo practitioners was:

Death is discussed as a risk if the water guidelines or first aid are not adhered to or if a client is contraindicated and does not disclose this or does not know they have a medical condition.

The coroner observed the incompleteness of this information and noted it does not advise even healthy people of the true risk of Kambo. Available literature and the two cases brought to the coroner’s attention led her to observe “that death can occur even where there is no pre-existing condition, or at least not one that could be possibly identified beforehand.” It is likely Natasha experienced an acute cardiac event caused by Kambo, such as cardiac arrhythmia leading to cardiac arrest or hypotension leading to cerebral hypoxia followed by respiratory arrest, as causes of her death.

Conclusion

Kambo is emerging as a significantly dangerous substance favoured by individuals interested in extreme so-called alternative medicines. It has been rapidly adopted by communities already familiar with ayahuasca, yet has a demonstrably higher risk profile. There is no scientific evidence to support the efficacy of Kambo in alleviating health problems as claimed by proponents. Nonetheless, the presence in Kambo of peptides and polypeptides with analgesic properties and affinity for opiate receptors may explain “feelings of well being and improvement of motor skills”, that users describe, and offer insight into repeated use.

Still, it is the very complex nature of active substances in the secretion that cause arterial hypotension, palpitations, cardiac arrhythmia, facial swelling (see Maestra Victoria above) and uncontrolled smooth muscle changes in the gut. To hope that shamans and self-styled practitioners of Kambo, who offer it as a means to spiritual awakening, are all capable of managing a genuine adverse reaction to the poison is futile. Use of Kambo in Western rituals is entwined with new age scam “therapies” so clearly divorced from reality as to almost beggar belief. This is not the case in the indigenous Amazon populations using Kambo.

Vulnerable individuals interested in exploring non evidence-based treatments for chronic health problems are at high risk of harm if not death from Kambo and its eager promotion. Use is likely to further increase and the self-appointed arbiters of Kambo sourcing and education, the IAKP, are manifestly ill prepared to manage present risks or to protect users.

Community education and adaptation of Harm Reduction strategies may likely prove beneficial in negating risk.