Not written for a while, mainly because i've been down in the dumps....My head is not in a good place right now.....
Anyway i went back to court to sort out the driving and speeding issue that was hanging over my head. i waited in court for 20 mins until i was called to the stand where the prosecution made the claim that i was the owner of a speeding vehicle. The judge said that's not the charge, the charge is driving a speeding vehicle and the paperwork was wrong.
So they made me sit down......20 mins later they call me to the stand and review the paperwork and it's still wrong and they make me sit down again.... 10 minutes go by and they come back in with a bunch of papers, hand them to me and tell me to take the stand.
i'm asked what is my defence for the new charge of being the owner of the speeding vehicle. i replied i don't consent and i don't accept the charge. i then said that section 5 of the road traffic act doesn't apply to owners of vehicles and i don't own the vehicle registration as stated and that the prosecution has presented no evidence to support their claim. The magistrate replied that the evidence is in my hand and that he does not accept my "internet defence" and unless i can prove my innocence then he would order that i will pay all the court costs. i replied that its not an internet defence, i have a copy of the road traffic act and i have read it and it clearly says that it applies to vehicles, drivers, riders, pedestrians and passengers on roads and it does not apply to owners. He laughed and said we have all read it and yes it does apply to owners and i said no it does not. He said yes it does apply to owners "take my word for it". i said that i thought that i was innocent until proven guilty and that i have the common law right to travel freely without let nor hindrance. He said "I told you i'm not accepting your internet defence, and you are guilty unless you can give a defence to the charge - he then said you will also pay all court costs and the fine with additional expiation notice fees. He said that i can take this matter further and pay for a lawyer if i want but he will still find me guilty. So i said ok i'll pay the fine. i left.
That's the basics of it. When the claimant is the prosecution and the magistrate colludes with the claimant to bring a charge, your screwed.
Anyway just to give you the prelude to this because i don't want you thinking i'm a crazy hoon. This all started when my wife and i were returning home and we were stopped by the police conducting a random roadside breath test (they do not require probable cause here in south Australia despite common law and the road traffic act saying that they do). During the stop, one of the officers threatened to assault my wife. We complied with the test (my wife is tee-total) and as we left one of the officers called me a moron. i made a formal complaint regarding the illegal act and the conduct of the officers and after that iv'e had four false claims from the police so far. i can tell you for a fact that it doesn't matter if you reply in witting with multiple affidavits from employees and managers stating that you were at work at the time, or that you can prove that the crown solicitor lied in his affidavit. They will still ignore your paperwork, threaten you with confiscation of property suspend your persons driving licence and ...... find you guilty.
To conclude, my personal experience and belief is that south Australian police are extremely corrupt - all the way to the top and so are the courts. i believe they are a criminal organisations deliberately miss-interpreting and applying statutory laws to not only remove the private rights of the people but to make considerable profit. YOU CAN'T WIN. They will lie and they will collude and they will commit treason and fraud, just to find you guilty and take your money.
YOU HAVE BEEN WARNED.
if your wealthy enough for a good lawyer, then you may win - but do you bother for a $371 fine.
Australia has become a police nanny state - its one of the reasons I left.
It is possible to beat the police on these traffic matters (I have done it many times) but you really have to know what you are doing. Being a lawyer helps. :-)
The problem, as you note, is that there isn't enough money in it for lawyers to act for clients on traffic matters, so the Police and Courts get away with it.
What's needed is a class action by motorists against the Police on a legal flaw that has affected many people.
Also, stop voting for governments that think their job is to be a nanny.
i don't vote, have never voted and will never vote, i'm not Australian and i'm not a citizen. i too have had a number of successes in the past dealing with these matters but things have changed.
The courts know that most people won't pay over $400 per hour for a lawyer over a $300 fine that's how they get away with it in most cases. If you had read my previous posts, you would see that i know law - you would also see that "SA Government" is the name of a business with an ABN number - and not a description "The Government" with an ACN number.
i was served and summonsed to court as a man - not a person - on both times - the magistrate unlawfully assumed jurisdiction and unlawfully administrated his oath of office. i'm sure you are aware that administrative courts have no jurisdiction without consent. i have spoken with common law lawyers, and as the courts are no longer acting in accordance with the common law they have refused to represent anyone until they know what is happening - when you have evidence and can prove fraud, collusion and treason by multiple high level parties including the court that all work for the same employer - SA Government, no-one want's to come near you.
A class action lawsuit is a legal motion that is guaranteed to fail - for the simple reason that - it's a 180 million dollar a year fraud - and a Court will not allow the matter to be heard. They definitely wont find themselves guilty - if they lose the state would be bankrupt - if the general population knew the truth, there would be riots in the streets.
(They refused to hear my claim against the Police Chief Constable (brought against the man), refused to accept any evidence and threw out my claim - because he used the crown solicitor who then lied in his affidavit - which i can prove)
Also the Federal Government and Commonwealth Ombudsman said they have no jurisdiction over SA Government. To whom do you report a criminal police force, illegal and unlawful Courts and fraudulent Government? i have done everything i can think of to stand against the fraud and corruption - most people have done nothing - or worse - work for them.....
Heavy shit man - stressful and unpleasant. Quite something to experience first-hand the corruption in full-colour action and twisted re-presentation of reality! It's over now, you raised a loud voice in protest. I think it was wiser not to fight further (even though it may feel like admitting defeat) - you may get a 'win', but the toll of fighting is also massive IMO. Time saved in court usefully spent chatting with beloved Carp instead? Shanti rolls over in support of uplifted spirits :D
Thank you for the support @barge and Shanti. When the claimant is the prosecution and the magistrate openly colludes with the claimant in court to move a claim, we no longer have a just and fair arbitration but a fraudulent excuse for a court. i fear for the future of my kids knowing that they are nothing more than slaves in corrupt system. Love to you and Shanti :)
We have the guns, we'll make the rules.
'Obey or die' slowly becomes 'pay or die.'