Case update for those with an interest

[Thylacine]

ahhh ok, sneaky buggers. Its pretty much as I thought then!...just with different wording, same end result.....they dotn put themselves offside to the "system"....sigh..

 

If they wont do it, will the court even allow it to be heard? wont they just tell the jury to ignore it? for the same reasons the legal aid tossers arnt allowed to do it?

 

Just seems to me if thats their argument then they will just stick to it and leave you no where to move, arnt they just saying that a courtroom trial isnt the place to contest the validity of the law? If they want to just stick to that point whats to stop them??

 

geez maybe im just a bit cynical but seems like they have your arse over a barrel mate, I hope im missing something though.

 

I'll keep a close eye on this one, best of luck....give those fuckers hell...

[lightning]

We have exercised our Constitutional and common law rights to "Trial By Jury" not trial by "Judge and Jury", read the constitution, Art 14 I think, and while we agree with respect that the court has no jurisdiction to decide the case or interpret the constitution the Jury is not so constrained. They are granted the constitutional right and responsibility as stated under Magna Carta which is still in force in Oz law to "Judge the evidence, convict the guilty and free the innocent." and therefore do have the Jurisdiction to hear our defence. And to ignore any direction given by the Judge as to admissibility, relevance or reason ability. The Judge has a known conflict of interest as they are a public servant (Government employee) enforcing a Government Law. The Government are the servants of the people not their masters. The Jury represents the Public and are the masters of the Judge and the Government. They can declare the law "For Naught" if they believe it to be unjust. The judge is only the conveigner of the court, who will apply the "decision" of the Jury to the sentencing.

 

The basis of Democracy is rule by the people and is not shown in universal suffrage but by the right of the people to judge the justice of every act of law enforcement so as to prevent rogue governments from enacting tyrannical laws. Only when the people are empowered to throw out the law during the citizens obligation of Jury membership do we truly have rule of the people. Democracy.

Zimbabwe has universal suffrage (for what it is worth) and a despot for President,

German Judges in the 1930s upheld laws passed by the validly elected Goverment (Hitler) to send Jews to Labour camps and were held to answer for it at Nuremberg.

 

so we will see how far we get....

[Thylacine]

ah thats explains it, thanks for that mate.

 

 

Geez I hope all goes well for you both, like I said I dont understand all the finer points of the law[bit thick] only dealt with the magistrates court so that felt pretty much the opporsite of what you describe there.

[lightning]

That is why we refused the jurisdiction of magis and exercised our right to trial by Jury. They don't like it but there is NOTHING they can do about it and we intend to affirm our rights at all times, "with respect to the Court your Honour...."

 

and if they wish to argue the point they can do so in front of the High Court or the Haig their choice, personally it does not bother me either way I do not back down from a fight and have not since I was 16 and sick of the bullying, he ended up in hospital on that occassion.. Autistic Dummy spits can be INTENSE or very calm and calculated depending on how much you piss us off.

This time they pissed us off very very very very badly

They picked the fight by walking into my home with guns so if they get their bums kicked they really have no right to bitch about it IMFAO

 

Us Aspies can be a bit belligerent and blunt at times. but then we should all do what we are good at and I have a gift

They have a gift too, but unfortunately it is a gift for Hypocrisy and Lies and which explains why they go into law and politics

[Home_Grown]

ta homegrown yes we are going to need luck but we have three things going for us that the persecutor does not have...

1.The Truth, the WHOLE truth and nothing but the truth. (Interesting concept when you think of it)

2. Reason backed by science.

3. The Letter and Spirit of the law.

 

Put together they fulfill the requirement of the reasonable person rule of Common Law.

 

Time will tell and the next few days should be a wild ride.

 

I know what your saying but it is a real pitty your dealing with the government as quite frankly, they don't give a fuck. I hate to rain on your parade but im pretty sure of the outcome already. I do however hope and pray that I am wrong.

[Gee]

i'm completely lost with 90% of what you're saying but it's good to see people taking a stand where many of us can't.

[entheofarm]

any news?

[lightning]

Real quick update then I have to get back to do some home work the judge gave me.

So far so good as the base jumper said.

Good news first, Judge is onside mostly and prepared to allow a claim of necessity to go before the jury but her hounor is not so quick to grab hold of the idea that the government breaching their obligation under the treaty to "ensure adequate supply for medical and scientific usage" has compelled our necessity to grow our own medicine. She was "shocked" to know the TGA system for special Access scheme was broken and unworkable or that no doctor in Melb can get up and say that Cannabis helps us with our pain without being deregistered.

Two minutes in we had her honour and the persecutor reaching for their law books. She has asked me to back some of my statements with legeal precedent which is my homework to print off the highcourt decisions that back our claims

 

She is entertaining the idea that the points of law we have raised, as they are out of her jurisdiction, may have to be referred BY HER (which would be an urgent special leave application which completely jumps the queue) to the High court for a decision of law before the case continues to trial!!

 

find out tomorrow how we go

Niall will update more later

me go do HW

[MongyMan]

Great to hear lightning, best of luck tomorrow.

 

Peace MongyMan

[Guest niall]

Can't add much more than that really, it was a really interesting afternoon. Jurisdiction and what the Judge can hear in County Court took up most of the afternoon, and for a long while things didn't look good, but then the penny seemed to drop for both the Judge and the Prosecutor as to the possibility of what lightning was suggesting to her.

 

The prosecution did not look very happy a few times today, particularly when the brief was distributed, and the Judge is really making an effort to give lightning room to make his argument and back up some of the details he mentioned today with exact precedence and references.

 

Jury selection should start in the morning as there weren't enough jurors available today. 10:30am at County Court Melbourne if anyone can make it, Court 7.1