- Losalini Rainima jailed over God's right not to register car
- 13/08/2008 Make a Comment
- Contributed by: Bewitched ( 4 articles in 2008 )
A WOMAN has spent more than 11 months in a NSW jail because she believes she has a "God-given" right to drive and shouldn't have to register her car.
Fiji-born Losalini Rainima, aged in her 50s, is being held in Sydney's Dillwynia Correctional Centre over a 2004 charge for unregistered driving.
On conviction, Rainima had her licence suspended and was given a five-year good behaviour bond which she then refused to sign.
Rainima was then re-sentenced to nine months in jail with a three-month non-parole period, which made her eligible for release earlier this year.
During an appeal against the unregistered driving conviction today, NSW Supreme Court Justice Peter Hidden asked why Rainima did not seek release on parole.
"The parole conditions were similar to the good behaviour bond, which she cannot sign," Bronwyn Hancock told the court on her behalf.
The court heard Rainima had links to a civil rights group calling itself the Unified Peoples' Movement Against Road Tolls (UPMART), whose website states it seeks to protect "inalienable human rights" including through "bible codified common law".
Rainima was not represented by a lawyer today but by members of UPMART, who were granted leave to appear on her behalf.
UPMART founder Malcolm McClure told the court Rainima had spent more than 11-and-a-half months in custody so far.
She was "blessed by almighty God", he said, and state laws could not impede her basic right to "go forth" or drive.
"You're saying Mrs Rainima has a right which is God-given, which it is the state's duty to uphold," Justice Hidden said in an effort to summarise the basis of the appeal.
Rainima sat silently throughout court proceedings.
The UPMART-backed appeal against her conviction is based on religious and constitutional grounds.
"The appeal against conviction is one that I can deal with if it is purely on a question of law," Justice Hidden said.
"What you're really saying is Mrs Rainima wasn't given adequate opportunity to pursue the constitutional question before the magistrate.
"It's put against you that the constitutional argument has no substance in law," he said.
Justice Hidden reserved his findings to a date to be fixed.
Rainima's prison term expires next month, and she will be freed from custody.
Fiji-born Losalini Rainima, aged in her 50s, is being held in Sydney's Dillwynia Correctional Centre over a 2004 charge for unregistered driving.
On conviction, Rainima had her licence suspended and was given a five-year good behaviour bond which she then refused to sign.
Rainima was then re-sentenced to nine months in jail with a three-month non-parole period, which made her eligible for release earlier this year.
During an appeal against the unregistered driving conviction today, NSW Supreme Court Justice Peter Hidden asked why Rainima did not seek release on parole.
"The parole conditions were similar to the good behaviour bond, which she cannot sign," Bronwyn Hancock told the court on her behalf.
The court heard Rainima had links to a civil rights group calling itself the Unified Peoples' Movement Against Road Tolls (UPMART), whose website states it seeks to protect "inalienable human rights" including through "bible codified common law".
Rainima was not represented by a lawyer today but by members of UPMART, who were granted leave to appear on her behalf.
UPMART founder Malcolm McClure told the court Rainima had spent more than 11-and-a-half months in custody so far.
She was "blessed by almighty God", he said, and state laws could not impede her basic right to "go forth" or drive.
"You're saying Mrs Rainima has a right which is God-given, which it is the state's duty to uphold," Justice Hidden said in an effort to summarise the basis of the appeal.
Rainima sat silently throughout court proceedings.
The UPMART-backed appeal against her conviction is based on religious and constitutional grounds.
"The appeal against conviction is one that I can deal with if it is purely on a question of law," Justice Hidden said.
"What you're really saying is Mrs Rainima wasn't given adequate opportunity to pursue the constitutional question before the magistrate.
"It's put against you that the constitutional argument has no substance in law," he said.
Justice Hidden reserved his findings to a date to be fixed.
Rainima's prison term expires next month, and she will be freed from custody.
Source: https://www.dailytelegraph.com.au/news/nsw/jailed-over-gods-car-powers/story-e6freuzi-1111117185758?nk=569ac24538daa1097a5054dbef90a097
1Will not be visible to public.
2Receive notification of other comments posted for this article. To cease notification after having posted click here.
3To make a link clickable in the comments box enclose in link tags - ie.<link>Link</link>.
4To show an image enclose the image URL in tags - ie.<image>https://fredspage.com/box.jpg</image>. Note: image may be resized if too large
To further have your say, head to our forum Click Here
To contribute a news article Click Here
To view or contribute a Quote Click Here