Letter to the Editor

To the Editor Herald Sun

You recently reported my appearance in the Bairnsdale Magistrates Court. Since that appearance I have discovered a High Court conversation had on the 7th December 1995 between Sir Maurice Byers and a Justice Dawson regarding S 79 Constitution. I told Magistrate Walsh that he was not entitled to sit without a jury. He disagreed and found against me, but if I had known of that conversation in the High Court I could have convinced him that S 79 Constitution means each and every Magistrate in Australia who sits without a jury is a serious Commonwealth offender, offending against the “Kable Principle” and S 43 Crimes Act 1914 (Cth). This attracts ten years imprisonment for any summary judgment with the transcript of proceedings admissible in evidence against the Magistrate under S 129 9(5) Evidence Act 1995 ( Cth). This is so important an issue it warrants an article on its own. This is a huge story.

Peter Gargan