Category Archives: Law Courts
Submissions called to investigate the unlawful removal of Senator Rod Culleton from the senate earlier this year.
What really happened? Why did the Attorney General Liberal George Brandis, intentionally mislead the senate about Culleton and how did the Senate President Stephen Parry(former Port Arthur undertaker) remove Culleton without a motion of the senate? Section 47 of the Commonwealth Constitution of Australia says only the senate can rule on the eligibility of a senator.
Brandis is hightailing it to London as the new High Commissioner. He will no doubt be called to give evidence. He has a problem.
‘On 6 December 2017, the Senate resolved that the following matter be referred to the Joint Standing Committee on Electoral Matters for inquiry and report by 6 February 2018:
The implications of recent decisions by the Court of Disputed Returns concerning section 44 of the Constitution on questions referred by the Parliament under section 376 of the Commonwealth Electoral Act 1918, with particular reference to:
(a) the decisions in connection with the disqualification of former Senators Bob Day and Rodney Culleton;
(b) a regime for disclosing information relating to aspects other than section 44(i), for which the Parliament has already provided;
(c) the form such a process might take and how it could be implemented; and
(d) any related matters.’
Committee Secretariat contact:
Joint Standing Committee on Electoral Matters
PO Box 6021
Canberra ACT 2600
Phone: +61 2 6277 2374
Fax: +61 2 6277 4773
Letter to the editor
The Canberra Times
Now that the High Court has shown it will almost strictly interpret OUR constitution, will we now see those who are “entitled” to the rights and privileges of citizens of foreign powers willingly or otherwise be removed from OUR parliament?
There are many who are in the proverbial cleft stick as they have parents who are citizens of Great Britain, Greece and others. If you have, for instance, renounced your British citizenship, you may still recover it by way of application and the Home Secretary will approve it unless you have a criminal record or an unstable mind. Apparently you will only have it returned once, but to reapply for it to rid yourself of it demonstrates a disloyalty to Australia.
Those born of German parents automatically gain German citizenship, as with George Henry Brandis.
How many other of those sitting in OUR federal parliament are ineligible according to Section 44?
by Gil Hanrahan in Townsville
Vexatious assault charges against David Walter by two Cairns court protective officers were dropped today at a trial in the Cairns Magistrates Court.
On the second day of the hearing, Chief Magistrate Ray Rinaudo allowed the police prosecutor to discontinue.
After eight witnesses for the defence gave their evidence that Walter did not assault the police officers, the prosecutor dropped the charges, which if found guilty, could have seen Walter jailed for a considerable time.
The moral of this story is that the bull-headed police, as most journalists know, form the thick blue line, and the prosecutor and the DPP are not afraid of spending more than $40,000 of Cairns Police District’s scant taxpayer operational funds to pursue a knowingly vexatious charge against a former senior police officer with 37 years unblemished service.
Details of Charge:
Charge 1 of 2 Bench Charge Sheet reference: 1701928063
Criminal Code (CC) – [CC] 340(2AA)(a)&(a)(ii) Serious assault public officer performing function causing bodily harm.
That on the 22nd day of May 2017 at Cairns City in the State of Queensland one David John Walter unlawfully assaulted Mark Francis Webb a public officer whilst Mark Francis Webb was performing a function of his office and it is further alleged that the assault by the said David John Walter caused bodily harm to the said public official.
Charge 2 of 2 Bench Charge Sheet reference: 1701928080
Criminal Code (CC) – [CC] 340(1)(a) Serious assault with intent to commit crime or resist arrest.
That on the 22nd day of May 2017 at Cairns City in the State of Queensland one David John Walter assaulted Matthew David Trezise with intent to prevent the lawful arrest of the said David John Walter.
Address of offence: CAIRNS MAGISTRATES COURT, SHERIDAN ST, CAIRNS CITY, QLD 4870
Occurrence no.: QP1700886562 QPS Reference: Senior Constable C. ERHARDT, 4019883, CAIRNS CIB.
Witnesses said Walter was able to get his entire argument about the court having no authority into the record in spite of the protestations of the prosecutor.
This has been a great day for the vague semblance of justice left in the corporate court system, run by judicial officers who are inside the corporation and lawfully, can only preside over civil matters to do with members of political parties.
Former Labor Premier Peter Beattie’s removal of the Crown in 2001 from the State of Queensland is now coming back to bite him.
These comments have been made by Romley Stewart who attended the court today:
“I know all about the brutality of the Queensland Police and the Government, its a shame because believe it or not, it was the honest Police that told the truth on the stand and could not back up the lies of the one that lied under oath.
I called into the Court today and made a verbal complaint against the officer that lied under oath, the hearing was still going I think, the lying officer was the one that punched me in the back while I was in the watch house, I made a complaint to Sargent Dwan (Nice man) of the Cairns police and he asked me to please keep it internal, which I did and after seeing the same man lying under oath in David’s case, I went and made the complaint that I should have stuck to my guns and made the complaint formal in the first place… Both magistrate Bentley and the Lying Officer should be removed from Queensland Police and the Court…
David raised some very concerning points about the conduct of Queensland Police and Queensland Government while in Court, and even the Magistrate, as good as he was, seemed concerned about the research done by David in relation to the validity of governments since Whitlam signed the UNIDROIT treaty of Rome in 1973 and in relation to the registration of Australian governments being registered to the US SECURITIES AND EXCHANGE COMMISSION, being a foreign banking system.
In relation to the Magistrate Rinaudo, and Magistrates like Magistrate Comens, as corrupt as the system may be, such man do consider and are interested in knowing the truth before making judgement within their Star chamber courts. Well done David, and thanks to Magistrate Rinaudo, for his conduct as well… He respected David from the beginning and gave David plenty of scope in order to get the truth out of this matter…”
Attorney General George Brandis QC next to go: says government insider
We have been made a Republic without a Referendum. The High Court of Australia is not even ashamed of itself for failing to read the Sections 16 and 34(2) Constitution, and the ABC in the form of Anthony Green tweets that those Sections of the Constitution, were exhausted in 1901 with the first Election. In this republic we never agreed to there must be some sort of magic that turns people into gender neutral robots, who fail to understand the plain words of the English language. It is time the whole Parliament, the 76 Senators and 150 members of the House of Representatives met in a joint sitting and asked some hard questions of the seven members of the High Court and the judiciary generally but especially the High Court, because we need these questions answered.
What do you not understand about Clause 5 of the Commonwealth of Australia Constitution Act 1900? It says , This Act and all laws made by the Parliament of the Commonwealth under this Constitution, Shall be binding on the courts judges and people of every State notwithstanding anything in the laws of any State. If the High Court Judges are people, they are bound. If not or they do not understand that the Constitution binds them, and if Anthony Green of the ABC does not understand that he is one of the people referred to in that Section, the Commonwealth and ABC should let them go. If someone who earns $350,000 at least tax free cannot read and understand plain written English, then it is time that we got someone in there who can. That is what S 72 (ii) Constitution provides.
S 16 Constitution deals specifically with the Qualification of Senators, and S 34 (ii) Constitution deals with the qualification of Members of the House of Representatives. These sections say that if they have been in the country five years and owe allegiance to the Queen, they are eligible. Clear straight forward instructions, to the courts judges and people and once again the High Court is defying the Parliament of the Commonwealth and the Laws of the Commonwealth. So too are Judges and Magistrates all over Australia and a regime of institutional theft has been introduced by the States, for the benefit of the States because the High Court needs to go to Specsavers. So too it seems do all the lawyers who had their expenses paid by the Commonwealth and failed to make this argument to the Apex Club sitting at the top of the organised crime gang, presently operating in Australia and severely burdening the people with greater and greater expenses keeping children in poverty, and old people poor while our wealth is exported and the Banks pay huge dividends and make enormous profits.
If the High Court were not really ordinary people and did not have to eat as we do, drink as we do, and die eventually as we do, they would be entitled to consider themselves as Gods. They will all die eventually, they will all retire at seventy, but they should on their performance since 2004, be all sacked after their response to my first question. I asked Senator George Brandis the Commonwealth Attorney General, on the 12th September 2016 why for 12 years they had felt free to defy the Laws of the Commonwealth by leaving the Name of the Queen off all process issued out of the High Court. If they had bona fide set out to correct the High Court Rules 2004, after they admitted they were wrong, then this debacle of supposedly sacking six duly elected Members of Parliament would never have happened. I have incontrovertible evidence on the High Court letterhead that they were advised of this problem in 2006-7 and did nothing for nine more years.
They may look like a Golden Calf, and Act like a Golden Calf, but the same fate as befell those who worshipped that Golden Calf in Exodus, should all make their exodus, with their lives, but little else. The Sins of the High Court are many. They believe, if the Record is examined that they are the Government and the Parliament is an inconvenient nuisance to be ignored. I and every other member of the people of the Commonwealth, have been given authority to call them before the Queen they deny is the Sovereign, the Queen to whom I swore allegiance when I became a Senator. I have got Senator George Brandis as George Henry Brandis before that Queen on criminal charges, and when a person, any person reads S 5 Commonwealth of Australia Constitution Act 1900 and then S 147.1 Criminal Code Act 1995 (Cth) it is quite clear that it is a serious crime to put violence on a Commonwealth Public Official. The head -butter who assaulted Tony Abbott is prosecuted by the Australian Federal Police but they have not yet prosecuted the High Court for assaulting by Paper Order they expect to be obeyed, 6 out of the eight sitting Members illegally haled before them, and thrown out of Parliament by them. There is a special punishment prescribed for people who are Judges and Magistrates who assault Members of Parliament. Instead of ten years imprisonment the Parliament says they must get 13 years . It’s all there in black and white.
As for the lawyers of the Commonwealth. Not one of them publicly pointed out that Ss 16 and 34(ii) Constitution make the politically murdered perfectly qualified to be in Parliament. As for the lawyers of the Commonwealth. Not one of them publicly pointed out that Ss 16 and 34 (ii) Constitution mean they are perfectly qualified if they were here for five years and owe allegiance to the Queen. Not one of them.
Lets get to the Court of Disputed Returns. After I attempted to intervene to save the other five elected representatives in this proceedings, by pointing out that S 77 (i) Constitution prohibits the Parliament of the Commonwealth from legislating to define the jurisdiction of the High Court, which it has done in the Court of Disputed Returns, and pointed out that since 1986 the International Covenant on Civil and Political Rights is definitely part of the Laws of the Commonwealth, they ploughed on regardless. The Court of Disputed Returns is illegal and has been ever since it was created. It is being used not for its intended purpose but to intimidate Members of Parliament. It exercises a defined jurisdiction. So intimidated are the Members of both Houses the High Court and Federal Court of Australia have been allowed to get away with political murder.
For 498 years from 1372, to 1870 lawyers were banned from Parliament in the United Kingdom. Perhaps we need a referendum to ban them from this nations Parliament in the House of Representatives. If the best we have can get it so wrong, what are we employing them for? I am a rainmaker. The drought certainly broke for the lawyers I employed to defend me in the High Court and the Federal Court of Australia has arguably by sitting without a jury, which I requested, broken the law in S 268:12 Criminal Code Act 1995 (Cth) which bans the arbitrary infliction of imprisonment or other severe deprivation of physical liberty upon any of us, and a Sequestration Order in Bankruptcy, is a severe deprivation of physical liberty carrying Seventeen Years imprisonment , and this Order of the High Court is another. Where are the Australian Federal Police when we really need them? They should march up to the High Court as Moses did to the worshippers of the Golden Calf, and lay the charges that ought to be laid on them for political murder. A political murder that should not go unpunished in the Parliament of the Commonwealth. It is utter and complete contempt by them for your elected representatives, and must be fixed. The Parliament of the Commonwealth has the power. For our Nations sake it must use it. from Rodney Culleton’s law research team
Harry Palmer presents this bulletin making Queenslander’s aware of David Walter taking on the judicial on Monday 30 October in Cairns at 9am. Exposing the duopoly and judicial having removed your rights your support at that court on Monday to pack the premises will send a message to the enforcers who dare to dictate against your rights.
David Walter had the summons for Judge Mullins to attend court on Monday, this was returned with the envelope marked “return to sender”. The same applied to the summons sent to Magistrate Bentley.
The conclussion here is that summons are to be ignored, or that Judges and Magistrates are above the law.
Do we have a new class of privileged persons like Kings of old.
Turn up on Monday at Cairns Court and flood the place out with concerned Australians over your rights being violated.
Forward this post all over to let the people know what is going on behind closed doors.
from Gil Hanrahan
Embattled former policeman David Walter will fight on at the Cairns Magistrates Court on October 30 and 31 against trumped up assault charges laid by two court protective officers.
On Friday Walter summonsed the Magistrate, Jane Bentley, to appear as a witness. This Magistrate unlawfully jailed him for one month for contempt in May this year.
So far his defence has eight witness statements which allege Walter did not assault the two burly protective officers when they threw him to the floor and handcuffed him. The Court Protective Service is a private company owned by Queensland Police Service, contracting to Queensland Courts.
Walter said the police have tried to have the charges dismissed but so far had failed to do so.
He is calling on all patriots to attend the court to witness the judiciary in action.
It seems the Queensland Chief Magistrate will preside over the hearing.
Walter will challenge the validity of the State Government and the court system which he says can only hear civil law.
“I will question her and point out she only has the authority and actions at civil law,” Mr Walter said.
When Walter challenged Magistrate Bentley’s and the court’s authority at the original hearing, she refused to allow the questions and eventually jailed him for one month charged with contempt.
He said Beattie sealed the Electoral Act 1992 for ‘My Government’ as ” I will demonstrate they cannot hear anything as they are paid by Peter Beattie in ‘ My Government’ with no people inside Queensland’s Constitution as in force 2002.”
“It is held to Civil Law or the Common Law.”
Former Labor Premier and architect of the 2001 Queensland Constitutional changes, Peter Beattie, now has a plum Government job as Commonwealth Games head on the Gold Coast.
Last week Walter was fined $750 for not correctly filling out a form attached to his bankruptcy proceedings.
He said he thanked the Magistrate for ‘convicting’ him which now allows the case to be filed in the High Court.
Tomorrow at 9am Cairns Court to support David Walter
Today David Walter fronted Cairns Court and the same Magistrate who jailed him for contempt and made false claim of his aggression to government enforcers within that court to which many witnesses submitted statements to the perjury committed by the said Magistrate.
A lethal blow was delivered in that same court today by David at last recognised by government lawyers and the said Magistrate who when informed Queensland is but a private organisation and it is not an official government under a charter for starters, which he backed up with irrefutable facts.
Several times the magistrate took leave from the bench to gather her thoughts she explained to the court and when David answered her question as to what was it he wanted to which he stated;
- Take the whole matter to the High Court to rule on this illegal government
- Produce just one true Australian in this court.
The fluster magistrate declined and removed herself from hearing the case which she has handed another Magistrate for tomorrow’s hearing.
The Federal Government and Opposition continue to fall apart driven by corruption scandals, citizenship disqualification and a judiciary acting as the arm of dishonest political parties.
Former One Nation WA senator Rod Culleton has borne the brunt of a corrupt and unaccountable judiciary marching to the orders of Liberal Attorney General George Brandis.
This time justice might catch up to the errant Brandis after he was served with a summons to face the Magistrates Court on a criminal conspiracy charge.
Culleton has charged the beleaguered Attorney General with conspiracy allegedly over his part in giving the senate false information to have the High Court disqualify Culleton over his bankruptcy which he says was an intentionally incorrect finding of a Federal Court judge.
Culleton launched the private prosecution after a meeting with the Chief Magistrate in Canberra.
Meanwhile the Director of Public Prosecutions is attempting to take over the case and shut it down, no doubt on orders from the accused Attorney General.
Culleton says the DPP is a public servant, “not a duly elected public officer.”
“The Director has no right or qualifications to take over my case. They are not a judge or jury,” he claimed.
“I was tossed out of the senate because my first question to Senator Brandis pointed out the High Court and all other courts had been functioning unlawfully since 2004 when the courts removed the Crown(Queen) from all process.” (Cairns News Nov 22, 2016)
Disqualification of sitting politicians under Section 44 of the Commonwealth Constitution of Australia, should also apply to lawyers or barristers who sit in Parliament.
“The Parliament is in conflict with the Constitution by having lawyers as politicians,” Mr Culleton explained.
“These members are officers of the court and being a politician they receive a reward under the Crown and as such should be disqualified under Section 44 too.”
A constitutional analyst has pointed out to Cairns News that George Brandis’ parents were both born in Germany, entitling him to German citizenship.
“”This would bar him from sitting,” the analyst said.
David Walter has sent advice regarding his next court appearances.
Cairns Magistrate Court October 16, 2017 to face charges of failing to submit a form relating to his bankruptcy action
Cairns Magistrates Court October 30, 2017 to face an assault charge against a court protection officer
We suggest anyone with an interest in the bogus charges against Walter listen to the Australian Patriot Radio podcast on Cairns News.
from Gil Hanrahan in Melbourne
One Nation Senator Pauline Hanson, two of her senators and Attorney General George Brandis QC, have had criminal conspiracy charges filed against them in the Melbourne registry of the High Court of Australia.
The complaint was filed by former One Nation WA Senator Rodney Culleton on Friday June 23 and includes former colleagues senators Brian Burston (NSW) and Malcolm Roberts (Qld).
They have been charged under Section 43, Crimes Act 1914 (Cth).
The summons will be served by Mr Culleton on Monday, June 26.
Former senator Rodney Culleton, was sacked from the senate on Jan 12 after being found bankrupt by the Federal Court. His brother-in-law Peter Georgiou was nominated by the High Court to sit in his place as a One Nation senator for Western Australia.
Mr Culleton filed criminal charges of intent to attempt to pervert the course of justice in respect of the judicial power of the Commonwealth.
Mr Cullleton accused the senators of “seconding a motion in the Senate on the 7th November 2016, to refer the question of the possibility that Rodney Norman Culleton would be subjected to a term of imprisonment by a Magistrate at Armidale, and the Senate did refer the said Rodney Norman Culleton’s eligibility to the High Court.”
The charge further reads “…..and you allowed the matter to continue, even after an agreed Statement of Facts was filed in that Court proving beyond any reasonable doubt that the said Rodney Norman Culleton was never under potential imprisonment and thereby in breach of your sworn public duty, attempted to pervert the course of justice in respect of the judicial power of the Commonwealth.
“ (this is) An Offence against S 43 Crimes Act 1914 (Cth). Under S 129 (5) Evidence Act 1995, the transcript of proceedings in the Senate are admissible against you.”
The charges were filed in support of a notice under 78B of the Judiciary Act 1903 of a constitutional matter alleging the Attorney General had withheld the agreed statement of facts of the referral to the courts by a motion instead of a mandated petition which in any case exceeded the 40 day requirement to lodge an objection to the eligibility of a sitting member.
The agreed statements of fact were not filed in the HCA by the Attorney General.
Culleton said the statements of fact clearly show that he would never have been sentenced to imprisonment for the alleged theft of a truck key two years ago.
“I got no say and the agreed facts were never presented to the bench,” he said.
“Brandis should have filed the agreed facts that were signed of off by the Australian Government solicitor stating that I would never have been sentenced.
“Sect 25 (1) (a) of the Crime Sentencing Procedure Act says the local court must not make an order of imprisonment if the offender is absent.
“This matter has never been held at trial but was only based on non-agreed facts put to the HCA by Brandis.
“He has used taxpayers money to unlawfully remove me from senate at the request of the banks.”
No date has yet been set for a hearing.
Senator Hanson was unavailable for comment.
During Culleton’s short tenure sitting in the senate he forced the High Court to restore the Queen in legal process.
He says the restored ‘Queen of Australia’, does not exist. Culleton has been a huge thorn in the side of the banks, calling for a federal inquiry into banking practices after presenting evidence of widespread corruption involving farm foreclosures.
View documents of charges lodged;
Magistrate Bentley sentences Walter to three months jail for challenging the authority of the Corporation
This morning at 9.30am heroic freedom fighter David Walter was sentenced to jail for three months, eligible for parole after one month, allegedly for contempt of court.
Magistrate Jane Bentley during a hearing yesterday warned Walter to stop questioning her authority as a Magistrate under the corporation, Queensland The Smart State.
The hearing was aborted after Walter refused to back down.
Walter was thrown to the floor and handcuffed by Court Protection Officers, a private company owned by Queensland Police Service, contracting to Queensland Courts.
Supporters of Walter have advised they will file a Writ of Habeas Corpus today, seeking to have him released from jail.
from Robert J Lee in Cairns
One of the sorriest days in Queensland judicial history played out in the Cairns Magistrates Court on Monday when two Court Protective Officers threw former policeman David Walter, 67, to the floor, handcuffed him and led him off to the watch house.
In the long-running saga Walter was hit with bogus charges by the Commonwealth Director of Prosecutions for not including a bird collection in assets when he was forced into bankruptcy by an equally bogus and corrupt federal legal system.
He was attempting to defend himself against a corporate system designed to take out any opposition to its satanic objectives.
Presiding Magistrate Jane Bentley is a barrister formerly employed by the Queensland Police Service, then with the National Crime Authority.
According to witnesses in the public gallery, she was on a mission to derail Walter at any cost.
Walter subpoenaed Prime Minister Turnbull, Governor General Peter Cosgrove, Premier Palaszczuk, Governor Paul de Jersey(affectionately known within the bureaucracy as ‘Daphne’) and Police Commissioner Ian Stewart to attend and provide certain documents.
DPP Prosecutor Berens, agreed with Bentley the subpoenas required 21 days clear notice of service but he claimed they were one day short of the statutory period.
The Magistrate obviously had pre-determined the subpoenas invalid, thus the high profile witnesses did not turn up in any case.
When beginning his defence at the bar table Bentley gave Walter three minutes to outline his case. After one minute, Bentley, an obviously hostile former DPP employee, talked over the top of him whenever he mentioned the Corporation.
“You sit under the corporate symbol of and are a member of Peter Beattie’s corporate ‘my state’ and you have no authority outside of it,” the retired prosecutor told her.
“I am a private person not of your Corporation that is registered in Washington DC and you Madam have no authority over any citizen who is not member of a political party.
“You are a member of a corporation talking to me as a private person.”
Bentley was not going to allow Walter to get his synopsis into the court records, thus becoming a public disclosure of the corporatized government and courts with their own ABN numbers.
The Corporation has too much to lose should the already awakening public giant finally discover the treasonous path down which the political parties have led this once prosperous state and nation without its consent.
In an increasingly heated exchange between the Magistrate and Walter, he became angry as she kept talking over him in a louder and louder voice, warning she would charge him with contempt if he didn’t back down.
Any self-litigant would have reacted in a similar manner when facing such hostility particularly when one observer described the Magistrates Court system as a Roman Catholic tribunal, and a ‘pretend court’ operating under Admiralty rules in which one is unable to mount a defence against bogus charges.
In a highly charged address Walter explained the unlawfulness of the tribunal, how Beattie changed the Queensland Constitution in 2001, removing the Queen, and enshrining the public service within the corporation all without a referendum of the people
Bentley ordered an adjournment after Walter was trussed like a turkey by court officers, then taken to the caboose for re-education.
When Walter reappeared at 11.30 am he stood manacled in the witness box to hear new charges read out by Bentley.
Court officers refused his request to loosen the handcuffs which he said were cutting off his circulation.
Essentially she was charging him with contempt, ignoring her orders that he shut up, bringing the ‘court’ into disrepute, assaulting court officers, resisting arrest and other alleged, erroneous misdeeds.
Reminiscent of a Stasi operation in post-war Germany, Bentley ordered Walter undergo a mental health assessment, a favourite tool of fascist oppressors.
She warned the penalty for such terrible misdemeanours was 12 months jail and he “should consider his options” while she was in the driver’s seat as Walter continued to tell her she had no authority over him.
The magistrate adjourned the bird cage allegations for several weeks, saying a video trial would probably be arranged to hear the original charge of not including his hobby of keeping birds as an asset.
Having an unblemished 37 years service as a Northern Territory police officer and prosecutor, this man, after realising how far society had descended in the race to the bottom, unselfishly assisted citizens across the nation in their war against an unwavering, egregious and avaricious, corporate, partisan system of government.
Other than to record all public electronic communications, the corporation has been unable to deal with social media, lest it prematurely start a revolution. For now unblemished information is the only weapon of the masses.
Welcome to the dawning of the 51st American state.