Prof. Sir Nigel Rodley ,
ICJ- International Commission of Jurists ,
Rue Des Bains 33 ,
P.O.Box 91 ,
1211 Geneva 8 ,
Dear Prof. Sir Nigel Rodley ,
Re:- Australian Judges’Abuses .
1. Disregarding Legal Rights :
Throughout Australia it has become the practice in all courts . from Local Courts to the High of Australia itself , to disregard the most important Right that defines being free and it is immortalized in the Magna Carta of 1215 that says “ Nullius liber homo capitur vel imprisonetur , aut , disseisiatur , aut utlagetur , aut exaletur , aut aliquo modo destruatur . nec super eum ibimus , nec super cum mittemus , nisi per legale judicium parium suorum vel per legem terrae . “ – translating to “” No free man shall be taken indeed imprisoned , or dispossessed , or outlawed , or exiled , or in any manner destroyed , nor pass over him . nor send over him , except by means of the lawful judgement of his own equals which is the law of the land , “ – and has established Trial by Jury as an inalienable Right . “ granted for ever “ , and confirmed many times over the centuries in Acts of Parliament following that Common Law Writ sealed by King John at Runnymede on the 15th June , 800 years ago .
The Commonwealth of Australia is a Common Law Jurisdiction and that all the Courts of Australia are Common Law Courts where Free Men can exercise their inalienable Right to Trial by Jury .
So essential to the preservation of Truth , Justice , Freedom and Democracy is the Right to Trial by Jury , that any denial of this Right constitutes Treason against the People of Australia because it is an act intent on overthrowing the Sovereignty of the People to be “ the ultimate authority to make and impose laws “ . No Federal or State Parliament can abolish or diminish this Right protecting Life , Liberty and Property because it is the duty and responsibility of Jurors to judge the facts and law presented to them , so that they can administer Justice to all parties in any action . In any action , unless a Court obtains the clear and unequivocal consent of all parties to be without a Jury , that Court has no jurisdiction to proceed summarily and any such awards , doings and proceedings shall be held to be null and void .
This denial of the Right to the “ Palladium of Liberty “ in Australian Courts , contravenes the Vision and the Mission of the International Commission of Jurists as set out in your website of http://www.icj.org/about/
2. Denying Legal Procedures :
“ Once jurisdiction is challenged , it must be proven . “ ( Jagens v. Levine , 415 S.Ct.768 ) .
“ Jurisdiction can be challenged at any time , even on final determination . “ ( Basso v. Utah Power and Light Co , 495 2nd 906 at 910 ) .
“ Where there is an absence of jurisdiction , all administrative and judicial proceedings are a nullity and confer no right , offer no protection . and afford no justification , and may be rejected upon direct collateral attack .“ ( Thompson v. Tolmie , 2 Pet. 157, 7 L.Ed . 382 ; Griffiths v. Frazier , 8 Cr . 9 , 3L . Ed . 471 ) .
By Australian Judges disregarding the consent of parties to have proceedings conducted summarily , they deprive the court of jurisdiction and compound the wrong by disregarding the Legal Procedure of Challenging the Jurisdiction of the Court in typical “ Star Chamber “ or “ Kangaroo Court “ fashion .
3 . Denying Access to Courts :
To protect themselves from exposure and being held accountable , the Australian Judiciary has taken to denying People the Right of Free Access to Courts , as per the Free Access to Courts Act 1400 , by having Registry staff not processing properly , written papers such as Statements of Claim , Summons and accompanying Affidavits to initiate an action seeking resolutions to situations . The staff in the Registries are told to refer such applications to a Judge who then gives a direction in writing that permission must be given by a Judge before they can be filed . This means that a Judge has assumed the power to arbitrarily prevent someone even going to court—let alone having equality before the law . This is Tyranny in the extreme . This is the deprivation of the most primal quality of being human . It is exclusion and Slavery .
It ought to fall to the Sheriffs “ to ensure that people can exercise their rights in court in safety “—but the Australian Judiciary have corrupted them by intimidation to physically assault and either remove someone demanding their Rights from the court and either out into the street or into a prison cell “ to teach them a lesson “ in servility .
Should a dissenter maintain their position of demanding their Rights , Australians Judges charge them with “ Contempt of Court “ and summarily punish them . This is another example of how the Australian Judiciary regard themselves as superior to the People because , in 1988 , a National Referendum to alter the Australian Constitution to exclude Trial by Jury from Contempt of Court and Courts Martial was resoundingly defeated – and Australian Judges have chosen to disregard the Will of the People to continue to summarily punish ( many times by imprisonment ) anyone who dares to challenge their authority .
4, Practitioners of Slavery :
A Slave has no Right of Consent
A Slave has no Right to Property .
A Slave has no Right to Trial by Jury .
Australian Judges have assumed absolute power over People while adopting a “ Doctrine of Immunity “ for themselves .
TO CONCLUDE THIS LETTER
Ecclesiastes 3 ; 16 “ Moreover I saw under the sun : In places of judgement , Wickedness was there ; And in the place of righteousness , Iniquity was there . “
Yours sincerely ,
International Commission of Jurists
Composed of 60 eminent judges and lawyers from all regions of the world , the International Commission of Jurists promotes and protects human rights through the Rule of Law , by using it’s unique legal expertise to develop and strengthen national and international justice systems . Established in 1952 and active on the five continents , the ICJ aims to ensure the progressive development and effective implementation of international human rights and international humanitarian law ; secure the realisation of civil , cultural , economic , political and social rights , safeguard the separation of powers and guarantee the independence of the judiciary and legal profession .
The ICJ strives for :
A world in which , through the Rule of Law , a just democratic and peaceful society n, is achieved , arbitrary ecxercise of power is prevented , rights and freedoms are expanded and social justice is embraced .
A world in which , through the Rule of Law , everyone is able to realise and exercise , without discrimination , his or her civil , cultural , economic , political and social rights , and in which the rights of the most marginalised are particularly addressed .
A world in which everyone is equal before the law and protected from human rights violations by the law and in practice , one in which those in power are held accountable for human rights violations ; where justice is administered in accordance with due process of law ; where victims have access to effective remedies and justice ; and those who come before the courts receive a fair trial and never face the death penalty .
The ICJ’s mission is ;
To ensure that international law , especially human rights and humanitarian law , is utilised effectively for protection , particularly for the most vulnerable , and is implemented through effective national and international procedures .
To promote and expand the Rule of Law as a dynamic concept through which civil , cultural , economic , political and social rights are safeguarded and advanced .
To advance the understanding that the Rule of Law requires that states , under the principle of separation of powers , develop effective executive , judicial and legislative institutions and measures , as checks and balances , to respect and protect the human rights of all .
To assist judges , lawyers and prosecutors , acting the highest ethical standards and professional integrity , to be independent , impartial and free to carry out their professional duties .
ICJ-International Commission of Jurists
Rue des Bains 33
P.O. Box 91
1211 Geneva 8 , Switzerland