---------- Forwarded message ----------
From: Thomas Isaac <[address removed]>
Date: Sat, Feb 11, 2012 at 4:08 PM
Subject: Re: [CLRG News] AWARENESS: Aussi Bankster-criminals ... foreclosure sale $1000 for $630k home !
To: [address removed]
Yesterday, Friday 20th February 2012, I was one of the spectators to wittness proceeding's of the appeal of Darryl O'Brian in court room 2 level seven of the Melbourne County Court. The appeal was presided over by Judge Howard. The appeal was in regards to a decicision handed downin the Ringwood Magistrates Court in 2011 wheras Darryl recieved a $900. 00 fine without conviction for the 2 offences he had been accused of committing, namely (1) drive whilst unlicenced (2) drive a vehicle that was not registered.
Due to an error by the prosecution in preparing their case against Darryl O'Brian with regards to drive without a licence, Judge Howard struck the charge out and from what I understood there was no offence to answer on that offence. but Judge Howard determined Darryl guilty on the second offence, drive an unregistered and uninsured vehicle. Up to that point Judge Howard appeared to be impartial and fair but from then on his attitude changed as follows
(a) Darryl O'Brian produced an affidavit which cited peoples rights and protections as are granted in the Constitution of Australia Act 1900 and pointed out section 109 which states "when a law of a state conflicts with a law of the Commonwealth the former will have no power and the latter will prevail.
Judge Howard responded with State Law thus giving the Road Safety Act of Victoria the precedent power over Commonwealth law. Judge Howard then explained to Darryl O'Brian that Darryl should abandon the appeal or he could face harsher penalties. (I deemed what Judge Howard stated as a threat to Darryl and the threat could of been incarcerated in prison.)
Darryl OBrian then reminded Judge Howard of Chapter 3 The Judicature of the Constitution of Australia 1900. I, as I would hazard a guess of the other people there to wittness the preceedings, was amazed with the response and answer from Judge Howard when he stated "the court was a STATE COURT and IT IS NOT A CHAPTER 3 COURT". Again Judge Howard indicated that if Darryl did not abanden his appeal he would be reveiwing the sentence handed down in the magistrates court as in hiss oppinion it was a lenient sentence. Darryl was left no alternative other than abandoning the appeal or risk his freedom and a lot worse penalty than what he is already had dealt with handed out in the Ringwood Magistrates Court in 2011.
At least one thing became known from Darryl O'Brians appeal, Judge Howard has admitted that the County Court of Victoria does not nor will not adhere to or abide by Chapter 3 of the Judicature and this in my opinion it is now confirmed by one of their members, namely Judge Howard that the County Court which he represents is nothing more than an illegal STAR CHAMBER COURT.
I hope the above email, although brief with the facts, will show us all what we are up against and will enable us to form successful strategies to reclaim our courts back as peoples courts.
I'm confident Darryl will be able to explain the details of the proceedings in more detail than I have and if I have overlooked any points please forgive me. Perhaps if all of the others which attended to wittness the proceedings could send emails and posts to the C.L.R.G. - C.L.R.A. site as I have done will make things clearer and show that we each hade opinions and views as to the preceedings.
Tom (Gypsy) Isaac
P.S. I have completed the DVD of the first meeting for 2012 as the Community Law Resource Association held in the Uniting Hall, Renoun Street East Burwood Vic. Anyone who would like a copy please email me so that I know how many to burn. I have burnt 25 so far.
On Sat, Feb 11, 2012 at 7:30 AM, CLRG Mailing List <[address removed]>
* Know Your Constitutional and Common Law Rights
* Licenses are illegal
* Fines are unlawful (unless imposed by a jury in a court)
* Tax is Voluntary
Public educational meetings are held monthly on the last
Tuesday of every month from Februrary through to November.
Community Law Resource Group
You have received this email as a subscriber to the CLRG Mailing list. To unsubscribe or change your preferences, visit the link at the end of this email.
News mailing list