dr john wilson story 28th october 2010

31
Dear Arthur, Thank you for giving me the opportunity to tell what is not simply my story but the story of every ordinary Australian and our “Pursuit of Happyness”, as Thomas Jefferson once wrote. We the People (another Americanism - but a collective term that signifies the Brotherhood to Mankind) … We the People have been given the inalienable Rights to Life, Liberty and Property, but we have to be “eternally vigilant” and “if we don’t fight, we lose”. We are losing, now. We are losing to the Enemy of Mankind, which is in the corpus of the Banks. To this corporatism, we are regarded as Slaves to be exploited, persecuted and the objects of their sadistic pleasure. The Christian Bible says that thieves only come to steal and kill and destroy – and, as far as the Banks being thieves, they have no peer. But the Banksters (a recently coined truism) can not continue on their evil way without power over the Judicature (the system for the administration of Justice) and the Media. The Courts are dominated by the Judiciary because We the People do not exercise our inalienable Right to Trial by Jury, ie: by a fully informed Jury….. and, because of the enforced “lack of knowledge” (Hosea 4: 6) as to “the glory of

Upload: love-for-life

Post on 07-Apr-2015

267 views

Category:

Documents


0 download

DESCRIPTION

Dear Arthur,Thank you for giving me the opportunity to tell what is not simply my story but the story of every ordinary Australian and our “Pursuit of Happyness”, as Thomas Jefferson once wrote.We the People (another Americanism - but a collective term that signifies the Brotherhood to Mankind) … We the People have been given the inalienable Rights to Life, Liberty and Property, but we have to be “eternally vigilant” and “if we don’t fight, we lose”.We are losing, now. We are losing to the Enemy of Mankind, which is in the corpus of the Banks.To this corporatism, we are regarded as Slaves to be exploited, persecuted and the objects of their sadistic pleasure. The Christian Bible says that thieves only come to steal and kill and destroy – and, as far as the Banks being thieves, they have no peer. But the Banksters (a recently coined truism) can not continue on their evil way without power over the Judicature (the system for the administration of Justice) and the Media.The Courts are dominated by the Judiciary because We the People do not exercise our inalienable Right to Trial by Jury, ie: by a fully informed Jury….. and, because of the enforced “lack of knowledge” (Hosea 4: 6) as to “the glory of English law” (Blackstone), We the People are being systematically and irrevocably destroyed.I have been given the wonderful gift of an opportunity to being able to fight the thieving Banksters and their co-conspirators , the treasonous Judges. To recount the history of my humble endeavours would appear like a Harold Robbins novel or a Richard Attenborough movie. Therefore, perhaps, the following copy-and-paste of my latest Affidavit might be manageable – even though it’s not exactly short and does not touch on the imprisonments, dispossessions and assaults against me since I began my legal battles against the Banks and Judges in 1996.Here is that Affidavit, which of course was witnessed by a J.P., but I haven’t got the computer skills to display the signature. My website is http://www.rightsandwrong.com.au for your readers to access for information on such things as the Rule of Law, how to Challenge the Jurisdiction of these “Kangaroo” Courts, my earlier book, etc. Here is that Affidavit. Thank you.Yours sincerely,John Wilson.

TRANSCRIPT

Page 1: Dr John Wilson Story 28th October 2010

Dear Arthur,

Thank you for giving me the opportunity to tell what is not simply my story but the story of every ordinary Australian and our “Pursuit of Happyness”, as Thomas Jefferson once wrote.

We the People (another Americanism - but a collective term that signifies the Brotherhood to Mankind) … We the People have been given the inalienable Rights to Life, Liberty and Property, but we have to be “eternally vigilant” and “if we don’t fight, we lose”.

We are losing, now.

We are losing to the Enemy of Mankind, which is in the corpus of the Banks.

To this corporatism, we are regarded as Slaves to be exploited, persecuted and the objects of their sadistic pleasure.

The Christian Bible says that thieves only come to steal and kill and destroy – and, as far as the Banks being thieves, they have no peer. But the Banksters (a recently coined truism) can not continue on their evil way without power over the Judicature (the system for the administration of Justice) and the Media.

The Courts are dominated by the Judiciary because We the People do not exercise our inalienable Right to Trial by Jury, ie: by a fully informed Jury….. and, because of the enforced “lack of knowledge” (Hosea 4: 6) as to “the glory of English law” (Blackstone), We the People are being systematically and irrevocably destroyed.

I have been given the wonderful gift of an opportunity to being able to fight the thieving Banksters and their co-conspirators , the treasonous Judges. To recount the history of my humble endeavours would appear like a Harold Robbins novel or a Richard Attenborough movie.

Therefore, perhaps, the following copy-and-paste of my latest Affidavit might be manageable – even though it’s not exactly short and does not touch on the imprisonments, dispossessions and assaults against me since I began my legal battles against the Banks and Judges in 1996.

Here is that Affidavit, which of course was witnessed by a J.P., but I haven’t got the computer skills to display the signature. My website is

Page 2: Dr John Wilson Story 28th October 2010

http://www.rightsandwrong.com.au for your readers to access for information on such things as the Rule of Law, how to Challenge the Jurisdiction of these “Kangaroo” Courts, my earlier book, etc. Here is that Affidavit. Thank you.

Yours sincerely,John Wilson.

*******************************************************************

Form 40 (version 1)UCPR 35.1

AFFIDAVIT of John Wilson on

COURT DETAILS

Court: Supreme Court of New South WalesDivision: Common LawRegistry: SydneyCase number: of 2010.

TITLE OF PROCEEDINGS

Applicant: John WilsonNature of Appeal: Seeking leave to initiate proceedings, under the

Defamation Act 2005 No 77, against Nationwide News Pty Ltd, A.C.N. 008 438 828.

FILING DETAILS/ADDRESSFOR SERVICE

Filed for: John WilsonAddress for service: 19 Elm Place,

North Rocks,NSW 2151.

AFFIDAVIT

Name: John WilsonAddress: 19 Elm Place, North Rocks, NSW 2151

Page 3: Dr John Wilson Story 28th October 2010

Occupation: DentistDate: ……………………………

I say on oath:

1. I am the deponent.

2. The occasions on which I have applied for leave, under section 14 of the Vexatious Proceedings Act 2008 No 80, to institute proceedings, are such that I have never had to apply for leave, under section 14 of the Vexatious Proceedings Act 2008 No 80, to institute proceedings.

3. The proceedings initiated by me in Australia, including proceedings instituted before the commencement of section 14 of the Vexatious Proceedings Act 2008 No 80, are as follows:

John Wilson –v- St. George Bank, NSW Supreme Court, Case No: 20680/96, to sever variable interest rate component from a contract to keep contract viable otherwise the contract is void for uncertainty. Master Greenwood summarily dismissed my Statement of Claim without my consent to be without a jury.

John Wilson –v- St. George Bank, NSW Supreme Court, Case No: 20680/96, Notice of Appeal from Master to Judge, against Master Greenwood’s judgment that variable interest rates were “indeed certain”, contrary to the Oxford English Dictionary’s definition that “variable” means “uncertain.” Hamilton J summarily dismissed my appeal without my consent to be without a jury.

John Wilson –v- St George Bank, NSW Court of Appeal, Case No: 40592/96, against Master Greenwood’s judgment that variable interest rates were “indeed certain”, contrary to the Oxford English Dictionary’s definition that “variable” means “uncertain.” Clarke JA and Abadee AJA summarily dismissed my appeal without my consent to be without a jury.

John Wilson –v- St. George Bank, High Court of Australia, Case No: S190/96, against Clarke JA and Abadee AJA agreeing with Master Greenwood’s judgment that variable interest rates were “indeed certain”, contrary to the Oxford English Dictionary’s

Page 4: Dr John Wilson Story 28th October 2010

definition that “variable” means “uncertain.” Dawson J, Toohey J, and Kirby J summarily dismissed my application for leave to appeal without my consent to be without a jury.

John Wilson –v- ACP Publishing, NSW Supreme Court, Case No: 20587/97, for defamation. Levine J dismissed the Statement of Claim and denied me my right to trial by jury.

John Wilson –v- Terence Greenwood,The Hon Mr Justice John Hamilton, Hon. M. Clarke, The Hon Justice Abadee, RFB, The Hon Sir Daryl Dawson, The Hon Justice Michael Kirby, and The Hon Justice John Toohey, NSW Supreme Court, Case No: 20723/97, for perverting the course of justice, concealing fraud, and denying me my right to trial by jury. Barr J dismissed the Statement of Claim and denied me my right to trial by jury.

John Wilson –v- The Prothonotary, NSW Court of Appeal, Case No: 40800/97, for being denied my right to trial by jury by Studdert J in the NSW Supreme Court on 17 November 1997On 6 July 1998, Registrar Jupp summarily dismissed by appeal and denied me my right to trial by jury.

John Wilson –v- The Prothonotary, NSW Court of Appeal, Case No: 40127/98, for again being denied my right to trial by jury by Hidden J in the NSW Supreme Court on 3 December 1998. On 24 August 1998, Handley JA and Stein JA, summarily dismissed my appeal and denied me my right to trial by jury.

John Wilson –v- The Prothonotary, High Court of Australia, Case No: S127/1998, against Handley JA and Stein JA, summarily dismissed my appeal and denied me my right to trial by jury. On 16 April 1999, Gaudron J and Callinan J summarily dismissed my appeal and denied me my right to trial by jury.

John Wilson –v- St. George Bank, NSW Supreme Court, Case No: 20100/99, for illegal loan contract because of the bank fraudulently creating money out of thin air and my being forced to sign, ie: under duress. On 6 May 1999, Bell J. summarily dismissed

Page 5: Dr John Wilson Story 28th October 2010

my Statement of Claim and denied me my right to trial by jury.

John Wilson –v- The Prothonotary, NSW Court of Appeal, Case No: 40731/99, against Scully J in the NSW Supreme Court on 6 September 1999, dismissing my requisition for trial by jury. On 23 February 2000, Shellar JA dismissed my appeal and denied me my right to trial by jury.

John Wilson-v- The Prothonotary, NSW Court of Appeal, Case No: 40928/99, against Wood CJ at CL on 9 November 1999 summarily judging me and imprisoning me for two years without parole without my consent to be without a jury. On 29 February 2000, Heydon JA and Shellar JA released me form prison but did not quash the conviction inspite of my being denied my right to trial by jury, and Meagher JA disagreed with heydon JA and Sheller JA.

John –v- State of New South Wales, NSW Supreme Court, Case No: 20137/00, for unlawful imprisonment. On 12 December 2000 Sully J. summarily dismissed my Statement of Claim and denied me my right to trial by jury. Also, on 4 February 2002, Hidden J summarily dismissed my Notice of Motion for an injunction against the Order of Sully J, made on 12 December 2000 and entered on 03 October 2001, and denied me my right to trial by jury.

John Wilson-v-v State of New South Wales, NSW Supreme Court, Case No: 20653/00, for Judicial Officers acting in their own cause. On 19 July 2001, Adams J summarily dismissed my Statement of Claim and denied me my right to trial by jury. Also, on 8 October, Dunford J summarily dismissed my submissions filed on 31 August 2001 and denied me my right to trial by jury.

John Wilson-v- State of New South Wales, NSW Court of Appeal, Case No: 41074/2000 against judgment of Sully J in Case No 20137/00. On 7 May 2001, Meagher JA and Handley JA summarily dismissed my Appeal and denied me my right to trial by jury.

John Wilson –v- St George Bank and State of New South Wales, Case No: 20714/00, for bank contract

Page 6: Dr John Wilson Story 28th October 2010

fraud, the wrongful summary judgment by Simpson J on 4 August 1999, and the vicarious liability of the Crown. On 19 July 2000, Adams J summarily dismissed my Notice of Motion and denied me my right to trial by jury. Also, on 26 February 2001, Hulme J summarily dismissed a further Notice of Motion following his own summary dismissal for an injunction and denying me my right to trial by jury. Hulme J was against me 28 February 2000, 28 December 2000 and 29 December 2000., as was Kirby J on 4 May 2001, ie: summarily dismissing my Notice of motion for trial by jury for Cases numbered 20714/00 and 20653/00.

John Wilson –v- State of New South Wales, High Court of Australia, Case No: S110 of 2001, against judgments of Handley JA and Meagher JA on 7 May 2001 in CA40928/99. On 23 November 2001, McHugh J and Callinan J summarily dismissed my Appeal and denied me my right to trial by jury.

John Wilson –v-v St George Bank and State of New South Wales, NSW Court of Appeal, Case No: 40579 of 2001, against the judgment of Adams J on 19 July 2001. On 16 November 2001, Priestley JA and Stein JA summarily dismissed my Appeal and denied me my right to trial by jury.

John Wilson –v- St George Bank and State of New South Wales, High Court of Australia, Case No: S284 of 2001 against , Priestley JA and Stein JA summarily dismissing my Appeal and denied me my right to trial by jury.

John Wilson –v- The Hon Robert John Carr, NSW Supreme Court, Case No: 10088/02, for treason and treachery. On 18 February 2002, Grove J summarily dismissed my Summons and denied me my right to trial by jury.

John Wilson –v- Deputy Commissioner of Taxation, NSW Court of Appeal, Case No: 40398 of 2002, against the summary judgment of Delaney J in the District Court of New South Wales at Parramatta and his denying me my right to trial by jury. On 30 September 2002, Handley JA and Hodgson Ja summarily dismissed my Appeal and denied me my right to trial by jury.

Page 7: Dr John Wilson Story 28th October 2010

John Wilson-v- Deputy Commissioner of Taxation, High Court of Australia, Case No: S368 of 2002. On 3 October 2003, Kirby J and Heydon J summarily dismissed my Appeal and denied me my right to trial by jury.

John Wilson-v- State Electoral Office, NSW Supreme Court, Case No: 12884 of 2003, against a judgment by Magistrate Garbett in the Downing Center Local Court that elections of members of Parliament are not free and I am not free to choose whether to vote or not. On 17 March 2004, Adams j summarily dismissed my Summons and denied me my right to trial by jury.

John Wilson-v- Dental Board of New South Wales and State of New South Wales, NSW Supreme Court, Case No: 20395/04, against the Dental Board of New South Wales taking on the role of a Court when it is only a statutory entity. On 9 March 2005, Simpson J summarily dismissed my statement of Claim and denied me my right to trial by jury.

John Wilson –v- State Debt Recovery Office and State of New South Wales, NSW Supreme Court, Case No: 21128/06, against Magistrate Betts in the District Court of New South Wales at Parramatta on 19 October 2005, summarily judging against me, denying me my right to trial by jury.

John Wilson –v- Crown Solicitor, NSW Supreme Court, Case No: 20258/06, for the Crown Solicitor making itself a party to the illegal proceedings conducted by Simpson J in Case No 20395/04 on 9 March 2005, and demanding monies from me for “Costs”. On 24 July 2006, Adams J summarily dismissed my Statement of Claim and denied me my right to trial by jury.

John Wilson-v- NSW Sheriff and state of new South Wales, NSW Supreme Court, Case No: 20310/06, against the NSW Sheriff sending me a letter threatening to trespass upon my property and unlawfully seize and sell my property and against the Crown for being vicariously liable for such an offence. On 19 September 2006, Adams J summarily dismissed my Statement of Claim and denied me my right to trial by jury.

Page 8: Dr John Wilson Story 28th October 2010

John Wilson –v- State Debt Recovery Office and State of New South Wales, NSW Court of Appeal, Case No: 40497 of 2006, appealing against the judgment of Adams J on 24 July 2006. On 4 April 2007, Mason P and Tobias JA summarily dismissed my Appeal and denied me my right to trial by jury.

John Wilson –v- G.I.O. Limited & Local Court of NSW & Parliament of NSW, Case No: 14247/07, for Magistrate Culver in the Local Court of NSW at North Sydney, on 20 August 2007, summarily judging against me and denting me my right to trial by jury, and for the Parliament of NSW being liable for implementing laws that deprive freemen of their rights. On 14 december 2007, Harrison AJ summarily dismissed my Summons and denied me my right to trial by jury.

John Wilson –v- John Hatzistergos & Ian Knight, NSW Supreme Court, Case No: 20354/07, for fraud and threatening to act unlawfully with regard to imposing censorship. On 4 March 2008, Adams j summarily dismissed my statement of Claim and denied me my right to trial by jury.

John Wilson –v- State of New South Wales, NSW Supreme Court, Case No: 14646/08, for false imprisonment of my self. On 11 May 2009, Adams J summarily dismissed my Summons and denied me my right to trial by jury.

John Wilson –v- R, Court of Criminal Appeal, Case No: 2099/00059266-005, to Appeal against Armitage J in the District Court of NSW at Parramatta misleading and the jury and perverting the course of justice at the trial of the Indictment of THE QUEEN against JOHN WILSON.

John Wilson-v- The Attorney General of New South Wales, NSW Court of Appeal, Case No: 2010/49922-002, appealing against Davies J summarily convicting me to deprive me of my civl and political rights and denying me my right to trial by jury.

Page 9: Dr John Wilson Story 28th October 2010

All facts material to this application for leave, under section 14 of the Vexatious Proceedings Act 2008 No 80, to institute proceedings:

1. It is a fact that I truly believe an Australia or any Freeman-on-the-Land who is a sovereign human being created by God can NOT be deprived of his inalienable rights. These rights have been enshrined and entrenched in the Charters of Liberty, such as the Magna Carta 1215, the Confirmation of Rights 1297, the Petition of Right 1627, the Habeas Corpus Act 1641 and the Bill of Rights 1689 which have been given full faith and credit throughout the Commonwealth of Australia when the Act to Constitute the Commonwealth of Australia (63 & 64 Victoria, Chapter 12) [9th July 1900] was approved by the Referendum of 1898.

2. It is a fact that the right to trial by jury is inalienable for every man and woman in Australia.

3. It is a fact that the Bill of Rights 1689 is entrenched as a Constitutional Enactment in the Commonwealth of Australia and that Bill of Rights 1689 was necessary to defeat the divers evil counsellors, judges and ministers” who were “endeavour(ing) to subvert and extirpate the laws and liberties” of England, back then as is happening now in Australia.

4. I first came to the NSW Supreme Court in 1996 seeking a Judgment that the eight essential elements for the creation of a contract under common law be respected and enforced. Those eight essential elements are (i) offer; (ii) acceptance; (iii) sufficient consideration; (iv) capacity to contract; (v) intention to enter legal relations; (vi) legality of purpose; (vii) genuine consent; and (viii) certainty of terms…. for example: “the contract must show the total amount of interest payable” (Moneylenders and Infants Loans Act 1948).

5. Inscribed on the Magna Carta Monument in Canberra’s Parliamentary Triangle are the words, “Magna carta is now seen as a traditional mandate for trial by jury, justice for all, accountable government and no arbitrary imprisonment”.

6. The Holy Bible says in Galatians 2:4, “And this occurred because

of false brethren secretly brought in (who came in by stealth to spy out our liberty which we have in Christ Jesus, that they might bring us into bondage).”

Page 10: Dr John Wilson Story 28th October 2010

7. Magna Carta says, “No free man shall be taken indeed imprisoned,

either dispossessed, or outlawed, or exiled, or in any manner destroyed, nor pass over him, nor send over him, except by means of the legal judgment of his own equals indeed the law of the land.” and “To no one will we sell, to no one will we deny or delay right or justice”.

8. The Due Process of Law encompasses a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result. While somewhat indefinite, the term can be gauged by its aim to safeguard both private and public rights against unfairness. (www.dictionary.com)

9. “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” (Preamble to the Universal Declaration of Human Rights) and “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination (Article 7 of the Universal Declaration of Human Rights).

10.“No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.” (Article 17 of the International covenant on Civil and Political Rights)

11.It is the Rule of Law that is (1.) The supremacy of law. and (2) a feature attributed to the UK constitution by Professor Dicey (Law of the Constitution, 1885). It embodied three concepts: the absolute predominance of regular law, so that the government has no arbitrary authority over the citizen; the equal subjection of all (including officials) to the ordinary law administered by the ordinary courts; and the fact that the citizen’s personal freedoms are formulated and protected by the ordinary law rather than by

Page 11: Dr John Wilson Story 28th October 2010

abstract constitutional declarations.(Oxford Reference, A Dictionary of Law, Oxford University Press)

12.I am not a bonded slave and not a legal fiction.

13.I am a Freeman, the equal of any other Freeman, and have the Right to the lawful Judgment of a congregation of twelve other Freemen gathered together as a Jury, with each Juror asking “So help me God”, in order that they can administer Justice.

14.I am a sovereign human being created by God.

15.A Legal Maxim says, “Rights never die”.

16.The words of the Royal Coat of Arms say, “Honi soit qui mal y pense” and “Dieu et mon droit”.

17.I am of the People and Australia is a Democracy, which translates from the Greek to “People Rule”. We the People exercise our Sovereignty, ie: our ultimate authority to make and impose laws, through the unanimous Judgments from Trials by Juries. These Judgments are the Common Law.

18.“Common law doth control Acts of Parliament and adjudge them when against common right to be void” (Lord Edward Coke).

19.No Act of Parliament can take away my Right to Trial by Jury.

20.To deny Trial by Jury is to deny Democracy …..and to deny Democracy is Treason, ie: a violation of allegiance.

21. MAGNA CARTA 1215, CAP XXXIX: "No freeman shall be taken indeed imprisoned, either dispossessed, or outlawed, or exiled, or in any manner destroyed, nor pass over him, nor send over him, except by means of the legal judgment of his own equals indeed the law of the land. To no one will we sell, to no one will we deny or delay, Right or Justice.".

22.The CONFIRMATION OF THE CHARTERS, 1297 says: “…that the Great Charters of Liberties and the Charter of the Forest, which were made by common assent of all the realm, in the time of King Henry our father, shall be kept in every point without breach….we have granted that they shall be observed in all

Page 12: Dr John Wilson Story 28th October 2010

points, and that our justices, sheriffs, mayors, and other officials which under us have to administer the laws of our land, shall allow the said charters in pleas before them and in judgments in all their points….And we will that if any judgment be given from henceforth, contrary to the points of the charters aforesaid, by the justices or by any other ministers that hold plea before them against the points of the charters, it shall be undone and holden for naught.”

23.The PETITION OF RIGHT, 1627 says: in section 3. “And where also by the statute called, The Great Charter of the Liberties of England, it is declared and enacted, That no freeman may be taken or imprisoned, or be desseised of his freehold or liberties or his free customs, or to be outlawed or exiled, or in manner destroyed, but by the lawful judgment of his peers, or by the law of the land.” and in section 8. “That the awards, doings and proceedings, to the prejudice of your people in any of the premises, shall not be drawn hereafter into consequence or example.”

24.The SUPREME COURT PROCEDURE ACT No. 49, 1900 says under section 3. “(1) In any action by consent of both parties the whole or any one or more of the issues of fact in question may be tried, or the amount of any damages or compensation may be assessed by a Judge without a jury.”.

25.The COMMON LAW PROCEDURE ACT No: 21, 1899 are relevant to the conduct of proceedings in this or any matter before the Supreme Court of New South Wales: “s.256. Upon the hearing of any motion or summons, the Court or Judge may, upon such terms as the Court of Judge thinks reasonable, order any document to be produced, and any witness to appear and be examined viva voce, either before the Court or a Judge or before a commissioner for affidavits; and upon hearing such evidence or reading the deposition may make such rule or order as may be just”. …. and “s.257. (1) The Court or Judge may by such rule or order, or by any subsequent rule or order, command the attendance of the witnesses named therein for the purpose of being examined or the production of any document mentioned therein”….. and “s.259. The Court or judge may amend any notice of motion, rule nisi, writ, pleading, affidavit, jurat or title of affidavit, record, praecipe, or other proceeding used before the Court or Judge not likely to mislead the opposite party on any

Page 13: Dr John Wilson Story 28th October 2010

point essential to the merits of the case, and may award such reasonable costs of such amendment as to the Court or Judge seem fit.”

26.The INTERPRETATION ACT No. 15, 1987 says under section 30. “(1) The amendment or repeal of an Act or statutory rule does not: …(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act or statutory rule.”.

27.Every person is entitled to NATURAL JUSTICE which is described as the “Rules of fair play, originally developed by the court of equity to control the decisions of inferior courts and then gradually extended (particularly in the 20th century) to apply equally to the decisions of administrative and domestic tribunals and any authority exercising an administrative power that affects a person’s status, rights and liabilities. Any decision reached in contravention of natural justice is void as ultra vires. There are 2 principal rules: (1) The first is the rule against bias (ie: against departure from the standard of even-handed justice required of those who occupy judicial office) - nemo judex in causa sua (or in propria causa). This means that any decision, however fair it may seem, is invalid if made by a person with any financial or other interest in the outcome or any known bias that might have affected his impartiality. The second rule is known as audi alteram partem (hear the other side). It states that a decision cannot stand unless the person directly affected by it was given a fair opportunity both to state his case and to know and answer the other side’s case.”.(Oxford Reference A Dictionary of Law, Oxford University Press, Third Edition).

28.HALSBURY’S LAWS OF AUSTRALIA says under (130-13460): “Consent to summary jurisdiction The consent to be tried summarily must be clear and unequivocal and a failure to carry out the procedures for obtaining the consent will deprive the court of jurisdiction to determine the matters summarily.”

29.Thomas Jefferson said in 1821: “The germ of destruction of our nation is in the power of the judiciary, an irresponsible body - working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall render powerless the checks of one branch over the other and will become as venal and oppressive as the government from which we separated.”.

Page 14: Dr John Wilson Story 28th October 2010

30.No Statutory Laws nor Rules nor Regulations can take away my Right to Trial by Jury.

31.Lord Edward Coke once said, “Common law doth control Acts of Parliament and adjudges them when against common right to be void.”.

32.Common Law is the Law of the People, by the People and for the People.

33.Acts of Parliament (ie: mere Statute Law) endeavouring to take away the Right to trial by Jury are ultra vires.

34.People are not subject to Statute Law, which is inferior to Common Law, and are only accountable to Common Law that is made and imposed by their equals, ie: accountable only to Juries.

35.Judges have sworn to “well and truly serve” the Crown, as has the Sheriff of New South Wales. The Defendants to this action are the Sheriff of New South Wales and the State of New South Wales (ie: the Crown). No man, and certainly no Judge, can judge in his own cause.

36.It is the duty of a Sheriff “to ensure that people can exercise their rights in court in safety”. Sheriffs who enforce the denial of the Right to Trial by Jury are as culpable as the Judge or Magistrate committing that treasonous offence.

37.“A man who exercises his rights harms no one”…a Legal Maxim.

38.“Trial by Jury is the Palladium of Liberty” (anon).

39.The denial of my Right to Trial by Jury is sinister, vile and reprehensible.

40.All Acts of Parliament in Australia since 1919, with the signing of the Treaty of Versailles, have not been lawfully enacted due to the fact that there have been no Orders in the Privy Council, ie: the Queen-in-Council, for the Appointments of any Vice Regal executive representatives of the Crown of the United Kingdom to grant the “Royal Assent” to enact Statute Laws, which was the procedure when the Commonwealth of Australia was “under the

Page 15: Dr John Wilson Story 28th October 2010

Crown of the United Kingdom” as per the Act of the UK Parliament to Constitute the Commonwealth of Australia (Victoria 63 & 64, Chapter 12, 9th July 1900). It follows that all the Appointments of Judges and Magistrates are also fraudulent.

41.“A Judge without jurisdiction is to be disobeyed with impunity”…a Legal Maxim.

42.Australia is a Democracy which literally means that the PEOPLE RULE, ie: Sovereignty lies with the People who exercise that “ultimate authority to make and impose laws” by way of the unanimous Judgments of 12 Free Men empanelled as Jurors who ask, :”So help me God”, in order that they can administer Justice

43.The bottom-line in all of this is that ‘All law hangs on loving God and loving one’s neighbour as oneself’ (Matthew 22: 40) and legislation which endeavours to take away the Rights of the People are no law, at all.

44.“Jurisdiction” is “the right, power, or authority to administer justice by hearing and determining controversies.”

45.The prefix of the word, “Jurisdiction”, is “Juris” and is from the Latin word, “iuris” meaning “law, right, oath”.

46.The suffix f the word, “Jurisdiction” is “diction” and is from the “stem of dicere  "speak, tell, say," related to dicare  "proclaim, dedicate," from PIE base *deik-  "to point out"

47.A “Juror’ is “one that performs” “the law”, with “-or” being “a suffix occurring in loanwords from Latin, directly or through Anglo-French, usually denoting a condition or property of things or persons.”

48.Therefore, a JURY IS THE LAW ….. and, because I am a living, flesh and blood, sovereign human being and a Freeman-on-the-Land … and, because Australia is a Common Law Jurisdiction …. I, John: Wilson, am only under the Jurisdiction of a Jury of twelve Jurors who are my equals, as sovereign human beings, and who, by being empanelled as Jurors, make and impose Common Law.

49.Lysander Spooner in his 1852 “Essay on trial by Jury”, wrote: “FOR more than six hundred years - that is, since Magna Carta, in

Page 16: Dr John Wilson Story 28th October 2010

1215 - there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of, such laws.

Unless such be the right and duty of jurors, it is plain that, instead of juries being a "palladium of liberty "- a barrier against the tyranny and oppression of the government - they are really mere tools in its hands, for carrying into execution any injustice and oppression it may desire to have executed.

But for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact; for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence. That is, it can dictate what evidence is admissible, and what inadmissible, and also what force or weight is to be given to the evidence admitted. And if the government can thus dictate to a jury the laws of evidence, it can not only make it necessary for them to convict on a partial exhibition of the evidence rightfully pertaining to the case, but it can even require them to convict on any evidence whatever that it pleases to offer them.”

50.All Jurors must swear a Juror’s Oath in order to be competent to administer Justice according to the principles and ethics of a Court Christian, for it is Biblical Law that no one may judge any one (Matthew 7: 1-2) but rather have an assembly, ie; a Jury, in God’s name (Matthew 18: 20) so that the consciences of the Juror can be guided in the way of “Law and Justice with Mercy” in the execution of their Judgment. This obligation to “do right” is found in the Coronation Oath and, underpins the Judicial Oath.

51. Another Legal Maxim says: “A trial ought to be when the jury have the best knowledge’.

Page 17: Dr John Wilson Story 28th October 2010

52. The Bible say: “People are destroyed for the lack of knowledge”.

53. Thomas Jefferson said: “The germ of destruction of our nation is in the power of the judiciary, an irresponsible body - working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall render powerless the checks of one branch over the other and will become as venal and oppressive as the government from which we separated.”.

54. In a Democracy, the People have Sovereignty, ie: the ultimate authority to make and impose laws. That Sovereignty is exercised by the People by way of the unanimous Judgments of Juries.

55. Denying a Freeman his Right to Trial by Jury is Treachery – the penalty for which is “Imprisonment for Life”, as in section 24AA of the Crimes Act (Cth.) 1914.

56.Australia is a Common Law Jurisdiction.

57.I, John Wilson, am a Freeman-on-the Land and only under such Common Law.

58.I have NO CONTRACT with any person posing as a Judge of the Supreme Court of New South Wales or any other such person so posing, and I do NOT CONSENT to their having any Jurisdiction over me.

Page 18: Dr John Wilson Story 28th October 2010

59. I am a FREEMAN-ON-THE-LAND and NOT IN BONDAGE to any person posing as a Judge of the Supreme Court of New South Wales, nor any other such person so posing in the corporation known as the SUPREME COURT OF NSW with the A.B.N. of 77 057 165 500.

60. A legal maxim is that “A deed or charter not in being is not valid”. Contracts between me and these two entities are “not in being”.

61.A Judge or Magistrate is an OFFICER OF THE COURT and that OFFICE is created by an Act of Parliament, such as the Supreme Court Act 1970 No 52.

62. No Freeman-on-the-Land is under the Jurisdiction of any Officer of any Court or any Statutory Body, Person or Entity.

63. Unless a Court obtains the clear and unequivocal consent of both parties to any action, the Court has no Jurisdiction to proceed summarily.

64. “No one can “judge in his own cause” (an essential Rule of Natural Justice).

65. On the 14th of August 2003, I sent the following email and received the email appearing below that:-

-----Original Message-----From: John Wilson [mailto:[email protected]]Sent: 14 August 2003 23:59To: [email protected]: Appointment of the Governor-General of Australia

Page 19: Dr John Wilson Story 28th October 2010

Dear Sirs, I would like to view the Order Approved at the Council appointing the newGovernor-General of Australia, Major-General Michael Jeffrey.   Please send me internet directions/instructions on how I can see therelevant documents. Yours sincerely,John Wilson.

I am sorry but there is no Order for this appointment. Privy Council Office 2 Carlton Gardens London SW1Y 5AA

Tel 7210 1030 Fax 7210 1071 http://www.privycouncil.gov.uk <http://www.privycouncil.gov.uk/>

66. It is probably best to conclude this Affidavit with the words of Sir William Blackstone (1723 – 1780): “UPON these accounts the trial by jury even has been, and I trust ever will be, looked upon as the glory of the English law. And, if it has so great an advantage over others in regulating civil property, how much must that advantage be heightened, when it is applied to criminal cases! But this we must refer to the ensuing book of these commentaries: only observing for the present, that it is the most transcendent privilege which any subject can enjoy, or with for, that he cannot be affected either in his property, his liberty, or his person, but by the unanimous consent of twelve of his neighbours and equals. A constitution, that I may venture to affirm has, under providence, secured the just liberties of this nation for a long succession of ages. And therefore a celebrated French writer q, who concludes, that because Rome, Sparta, and Carthage have lost their liberties, therefore those of England in time must perish, should have recollected that Rome, Sparta, and Carthage, were strangers to the trial by jury.”

SWORN at ………………………………………

Signature of deponent: …………………………….

Page 20: Dr John Wilson Story 28th October 2010

Signature of witness: ………………………………

Name of witness: ……………………………………

Address of witness: …………………………………

Capacity of witness: ………………………………..