Trial by Jury - Affidavit in local court by John Wilson

 

IN THE LOCAL COURT
AT PARRAMATTA

File No’s: 175783 – 05 - 3
175791 – 05 – 3
175804 – 05 – 3
175847 – 05 – 3

AFFIDAVIT IN SUPPORT OF NOTICE OF SPECIAL APPEARANCE

On the of 2005, I, John Wilson of 331 North Rocks Road, North Rocks, in the State of New South Wales, say on oath:

1. I am the Deponent.

2. This NOTICE OF SPECIAL APPEARANCE is made upon the following grounds:

(i) I am a Freeman and have the inalienable, constitutional and inherited Right to Trial by Jury as guarantied by the Constitutional Enactments of Magna Carta 1297, The Petition of Right 1627, The Habeas Corpus Act 1640, and The Bill of Rights 1688, which are listed in the Second Schedule Part 1 of the NSW Imperial Acts Application Act 1969 No. 30 as having come into force in New South Wales on the 25th day of July, 1928 by virtue of the Imperial Act 9 George IV Chapter 83.


(ii) I am not a “person” – in that I am not a mask. The word, “person”, is derived from the Latin word, “persona”, which means “mask”. A mask is a form of disguise usually over the face to hide the wearer’s identity and to establish another being, ie: another something that exists.

(iii) The “COURT ATTENDANCE NOTICE” uses the phrase, “Natural person”. This describes a mask that is “lifelike” or “concerned with physical things”.

(iv) I am a man that God created (Genesis 1: 27).

(v) I am a man who is free, ie: not slave, nor serf and having rights & social & political liberty.

(vi) Man is alive in God’s glory.

(vii) “35. Then one of them, a lawyer, asked Him a question, testing Him, and saying, 36. “Teacher, which is the greatest commandment in the law?” 37. Jesus said to him, “’You shall love the Lord your God with all your heart, with all your soul, and with all your mind.’ 38 “This is the first and greatest commandment. 39 “And the second is like it: ‘You shall love your neighbour as yourself.’ 40 “On these two commandments hang all the Law and the Prophets.”” (Matthew 22: 35 – 40).

(viii) “No Freeman shall be taken, or imprisoned, or disseised of his freehold, or his liberties, or free customs, or be outlawed, or exiled, or in any other wise destroyed, nor will we ass upon him nor condemn him unless by the lawful judgment of his equals or by the law of the land. To no one will we sell, to no one will we deny or delay Right or Justice.” (Magna Carta 1215).

(ix) Section 43 of the NSW Imperial Acts Application Act 1969 No. 30 says that, “Any person guilty of any offence under any Imperial enactment included in Part 1 of the second Schedule for which no punishment is otherwise provided is liable to imprisonment for a term of not more than five years or to a fine not exceeding 20 penalty units, or to both such imprisonment and fine.”

(x) Section 80 of the United Kingdom’s “An Act to constitute the Commonwealth of Australia [9th July 1900] (63 & 64 Victoria, Chapter 12)” says that, “The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes.”.

(xi) Section 4A of the Crimes Act 1914 says that, “indictment includes an information and a presentment.”.

(xii) Democratic Government is “Government of the People, by the People and for the People”. There are 3 Arms or Branches of Democratic Government which are: (1) the Parliament, (2) the Executive and (3) the Judicature. The Parliament and the Executive form the representative side of Government – while the Judicature actually has the the People playing a direct and active role. The Judicature is the system of Administering Justice. Justice is “the protection of rights and the punishment of wrongs”. The most important right is the Right to Trial by Jury. Juries are of 12 People who judge all the laws and facts put before them in the determination of that action. Juries deliver the Judgment and each Juror votes for the verdict according to his or her conscience.

(xiii) Anyone who is against Trial by Jury is against Democracy. Anyone who is against Democracy is against Liberty. “Anyone who is against Liberty is against Mankind” (Vicotme de Chateaubriand). Anyone who is against Mankind is against God.


(xiv) “Trial by Jury is the only anchor yet imagined by man which can hold a government to the principles of its constitution.” (Thomas Jefferson).

(xv) “Trial by Jury is the Palladium of Liberty.” (anon).

(xvi) “Trial by Jury is the Bulwark of Freedom.” (anon).

(xvii) “In a civilized society, the purpose of a Court is the vindication of men’s Rights and the enforcement of just causes.” (Lord Denning).

(xviii) “For the most powerful individual in the state will be cautious of committing any flagrant invasion of another’s right, when he knows that the fact of his oppression must be examined and decided by twelve indifferent men, not appointed till the hour of the trial; and that, when once the fact is ascertained, the law must of course redress it.” (William Blackstone).

(xix) Section 12 of the NSW Local Courts Act 1982 No. 164, says that Magistrates are appointed by “The Governor” of New South Wales.

(xx) Section 9A of the NSW Constitution Act 1902 No. 32, says that the Governor of New South Wales is appointed by Her Majesty Queen Elizabeth the Second.

(xxi) Section 3 of the NSW Constitution Act 1902 No. 32 says that, “”The Legislature” means His majesty the King with the advice and consent of the legislative Council and Legislative assembly.”

(xxii) Section 5 of the NSW Constitution Act 1902 No. 32 says that, “The Legislature shall, subject to the provisions of the Commonwealth of Australia Constitution Acr, have power to make laws for the peace, welfare and good government of New South Wales in all cases whatsoever:”.

(xxiii) Section 61 of the United Kingdom’s “An Act to constitute the Commonwealth of Australia [9th July 1900] (63 & 64 Victoria, Chapter 12)” says that, “The executive power of the Commonwealth is vested in the Queen and exercisable by the Governor-general as the Queen’s representative, and extends to the execution and maintenance of this Constitution and of the laws of the Commonwealth.”

(xxiv) Section 2 of the United Kingdom’s “An Act to constitute the Commonwealth of Australia [9th July 1900] (63 & 64 Victoria, Chapter 12)” says that “A Governor-General appointed by the Queen shall be Her Majesty’s representative in the Commonwealth and shall have and may exercise in the Commonwealth during the Queen’s pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign to him.”.

(xxv) Section 72 of the United Kingdom’s “An Act to constitute the Commonwealth of Australia [9th July] (63 & 64 Victoria, Chapter 12)” says that, “The Justices of the High Court and of the other courts created by the Parliament – (i.) Shall be appointed by the Governor-General in Council:”.

(xxvi) Section 24AA of the Crimes Act 1914 says, “Treachery (1) A person shall not: (a) do any act or thing with intent: (i) to overthrow the Constitution of the Commonwealth by revolution or sabotage; ….(3) A person who contravenes a provision of this section shall be guilty of an indictable offence, called treachery. Penalty: Imprisonment for life.”.

(xxvii) In response to an email asking “to view the Ordered Approved at the Council appointing the Governor-General of Australia, Major-General Michael Jeffery”, the Queen-in-Council, ie: the Privy Council, have confirmed that “there is no Order for this appointment.”.

(xxviii) In response to an email asking “if there were Orders at the Council were made appointing” “Australian Governors-General Sir Ninian Stephens (1982 – 1989), William Hayden (1989 – 1996), Sir William Deane (1996 – 2001) and Dr. Peter Hollingworth (2001 – 2003)”, the Privy Council again confirmed, “I am sorry but there is no Order for this appointment.”.

(xxix) A letter from the Foreign & Commonwealth Office says that, “The Queen, in her role as head of State of the United Kingdom and as such advised by British ministers, has no executive power exercisable within the Commonwealth of Australia.”

(xxx) The appointments of the Governor-General of Australia and the Governor of New South Wales are invalid and are acts intent on overthrowing the Constitution of the Commonwealth which are punishable by “Imprisonment for Life”.

(xxxi) Any appointments, such as those of Magistrates and Judges, made by the fraudulent Governor-General of Australia and the Governor of New South Wales are equally invalid and anyone carrying out judicial acts do so without jurisdiction and do so as private citizens.

(xxxii) The determination of the Jurisdiction of the Court can only be made by a Special Jury.

Sworn at: ……………………..

before me: ……………………………….
(Justice of the Peace/Solicitor)