- WRITS AND PRIVATE PROSECUTIONS
- By David J Hageman
- 30/12/2014 Make a Comment
- Contributed by: Bazza ( 4 articles in 2014 )
One of the major practical problems we face today in NSW at least and probably Autralia-wide is that the clerk of the local court refuses (unlawfully) to file private criminal prosecutions. As we did when we self governed.
The 1970 NSW Supreme court act has also given the clerk of the court justification (unlawfully) to stop us filing writ applications.
A common law right needs a tool to be enforced when violated, that tool is a writ.
If we don’t have access to the tools to enforce our rights, in effect we havent got any rights.
Which is why the NSW Supreme court Act 1970 is unlawful.
Parliament does not have the power to remove our rights.
They did not give them to us in the first place.They are in common law not in legislation.
They are protected by the Queen’s contract.
So they have used what they can control through legislation- court procedure- to achieve what they do not have the power to do directly.
Completely undermining the spirit of the law, and over reaching their own power in the westminster system.
This leaves us in a position where we can only defend our rights with violence, which defeats the purpose of having law itself.
Or if the police or government has violated our rights, asking them to investigate themselves through their various Integrity bodies,or the police — an obscene conflict of interest, and takes the criminality out of their actions.
A crime after all is simply violating the rights of another.
And that is what the police and government are doing on an ever-increasing basis today -Committing crimes and blocking access to the people to bring them to account through the local court.
By refusing to file private criminal prosecutions and writs.
The Local Court is where self government is supposed to be administered.
That self government has been effectively castrated through blocking that specific access to file.
We desperately need to find a solution to this problem
And a fun fact to ponder -The specific writ to bring unlawful government to justice itself was abolished when? When we got unlawful government.
https://www.austlii.edu.au/au/legis/nsw/consol_act/sca1970183/s12.html
Download podcasts from Dave here.
The 1970 NSW Supreme court act has also given the clerk of the court justification (unlawfully) to stop us filing writ applications.
A common law right needs a tool to be enforced when violated, that tool is a writ.
If we don’t have access to the tools to enforce our rights, in effect we havent got any rights.
Which is why the NSW Supreme court Act 1970 is unlawful.
Parliament does not have the power to remove our rights.
They did not give them to us in the first place.They are in common law not in legislation.
They are protected by the Queen’s contract.
So they have used what they can control through legislation- court procedure- to achieve what they do not have the power to do directly.
Completely undermining the spirit of the law, and over reaching their own power in the westminster system.
This leaves us in a position where we can only defend our rights with violence, which defeats the purpose of having law itself.
Or if the police or government has violated our rights, asking them to investigate themselves through their various Integrity bodies,or the police — an obscene conflict of interest, and takes the criminality out of their actions.
A crime after all is simply violating the rights of another.
And that is what the police and government are doing on an ever-increasing basis today -Committing crimes and blocking access to the people to bring them to account through the local court.
By refusing to file private criminal prosecutions and writs.
The Local Court is where self government is supposed to be administered.
That self government has been effectively castrated through blocking that specific access to file.
We desperately need to find a solution to this problem
And a fun fact to ponder -The specific writ to bring unlawful government to justice itself was abolished when? When we got unlawful government.
https://www.austlii.edu.au/au/legis/nsw/consol_act/sca1970183/s12.html
Download podcasts from Dave here.
Source: https://isaih520.wordpress.com/2014/12/30/writs-and-private-prosecutions/
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