Victoria juries could be a chip off the Dangerous Dan block
From Mike Holt
In 2017 a mate of mine, Phil Galea, was arrested in a pre-dawn raid conducted on about 20 homes in Melbourne. Phil was the only one arrested out of all those who were raided.
He was thrown into solitary confinement and left there for three years without a trial. I was the only one to keep in touch with him by letters and the occasional phone call when he could get access to one.
In November 2020 Galea, who was a member of Reclaim Australia and the True Blue Crew, was found guilty by a Victoria jury of preparing for a terrorist act and making a document likely to facilitate a terrorist act.
During this time I was writing articles to tell everyone about his plight and publishing them on my website, as well as recording podcasts. This is the link to one of the early articles I published. https://cirnow.com.au/a-letter-from-phil-galea/
When he finally got his trial he asked if I would give evidence to support him and I agreed. He told me that he had asked twenty people to testify on his behalf. I flew to Melbourne at my own expense, but as I was coming out of the airport I got a call from his lawyer who told me the judge had closed the court.
I stayed in Victoria a couple more days in an effort to go to court to give evidence, but every time I tried the judge closed the court. In the end, I gave up and flew home. Phil’s trial continued and the judge refused to let any of Phil’s witnesses testify.
Phil was convicted by a jury of 12 women, and sentenced to 12 years imprisonment. I still believe he was used as a scapegoat to show how powerful the police are backed by the anti-terrorism act. Phil is a gentle bear of a man, and he has never physically threatened anyone. Of course, there is a lot more to his story.
When I returned home to Queensland I wrote an article about my experience in Victoria and Phil’s plight. In it, I named a couple of names that I later found out were protected under a suppression order. But as that suppression order was only posted outside the door of the courtroom during his trial there was no way I could have known about it, especially as I live in Queensland.
The day after I published the article I called Phil’s lawyer to tell him about it and to ask him to check my facts. When he told me then about the suppression order that was the first time I had heard about it. I immediately deleted the article from my website and from my social media pages. I was never served with a suppression order, so I wasn’t aware of the conditions, but I wasn’t taking any chances.
Not long after I published the article the Federal police came to my home while I was out, produced a search warrant to my 16 year old daughter who let them in out of fear, and they took my computers, phone, hard drives and documents.
About a year later I was issued a summons to court. That was nearly four years ago. Since then, I have appeared in court by video (during Covid) and I have filed numerous Affidavits advising the CDPP (Commonwealth Department of Public Prosecutions) and the AFP that they are committing TREASON, because they are trying to drag me into a Victorian court when I live in Queensland, and that is illegal under Constitution Section 80, which states, “The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes.”
Despite this, the courts, judges and magistrates have all ignored Constitutional law and my affidavits. I am entitled to be tried in Queensland if I have broken a federal crime. The courts refuse to abide by the highest law of the land, our Commonwealth of Australia Constitution Act 1900.
In late 2022 I was ordered to appear in a Victorian County Court to stand trial. I refused to go, citing Section 80. Once again, the judge refused to acknowledge my rights under the Constitution and sent the AFP to arrest me. They accosted me outside my home in full view of my neighbours, slapped handcuffs on me, threw me into an overnight holding cell without charge, and then put me on board a flight to Melbouorne accompanied by two AFP cops.
On arrival, I was thrown into prison for a total of six days before I was able to plead to be released on bail. I am still out on bail.
In July this year I was summoned to County Court Melbourne, and this time I did go. I didn’t want to get arrested again. But when I appeared, I had already filed a Form 78B to all Attorney Generals in Australia, and as a result, the trial could not go ahead until they responded.
In the event, the judge decided to go ahead with the trial, even though the Attorney Generals had not all responded, and set a trial date for later in July.
I had to fly to Victoria again where I finally stood trial, which lasted six days. The jury convicted me, and the judge adjourned the court and set a date in November this year for sentencing.
Since then, I have filed an appeal against the whole trial in the Supreme Court Appeals Court, as it should never have happened. When the judges ignore the constitution, they are committing crimes.
My appeal is based on two facts.
One; The trial should never have gone ahead as the constitution says I should have been tried in Queensland, and Two; the International Covenant on Civil and Political Rights Article 19(b), signed into law by the Australian government, states that every Australian has an absolute right to publish anything they wish as long as it does no harm. My article did not harm anyone, and I merely used my right to publish.
I have had problems getting cases heard in the Supreme Court before, but after some re-writing my case my appeal has been accepted for hearing in the Appeals Court. That means the sentencing in the County Court cannot go ahead now before the Appeals Court hears my case.
This is not just a case about publishing an article in contravention of a suppression order. I am fighting to uphold our right to freedom of expression, as guaranteed by the Covenant.
If I am successful in the Appeals Court, this will have a serious effect on how all courts conduct their business, as they will have to be very careful to protect our Constitutional Rights and Freedoms.
I will never give up. I will fight this to the High Court if necessary, and if they refuse to uphold the Constitution and the law, then I will convene a Common Law court of the People. It’s time we hold these people accountable for the many crimes they have committed against the people of the Commonwealth!