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Court submission followed by the: |
- Ken Atherton – Complaint No: 37778/08 |
~
Statement by submission ~
Court
appearance 5th August 2009
The
reason why I stand in this Court is not because I drive with no qualification to
so do, for I have passed a 'drivers test' and am thus a qualified driver.
The issue is that a policeman believes that as I have not paid a license
fee tax and a trailer registration tax to his institution, that I am punishable
within its statutes.
~~~~
If
it is a fact that if one is innocent until proven guilty, then it follows that
we must first establish the criteria against which the person is to be found
innocent or proven guilty.
In
the case at hand there are 'contradicting' rules both for and against, thus my
intent is to assist myself and the court by establishing 'which' rule 'rules'
and takes precedent over the other in this case.
The
prosecutor is using a rule stipulating that one is deemed 'guilty' simply due to
the failure of not having paid license 'fee' monies to the state coffers, and
there are no other 'factors' considered.
~~~~
There
are however, both State & Commonwealth rules that have the 'power' to set
me free from continuing religious harassment and persecution. They are as
follows:
PART
V – GENERAL PROVISIONS
Religious freedom
46.
(1) Freedom of conscience and the free profession and practice of religion are,
subject to public order and morality, guaranteed to every citizen.
(2)
No person shall be subject to any disability, - - - on account of his religion
or religious belief and no religious test shall be imposed in respect of the
appointment to or holding of any public office.
And
within the
Section
116 – Freedom of religion
The
Commonwealth shall not make any law for establishing any religion, or for
imposing any religious observance, or for prohibiting the free exercise
of any religion, and no religious test shall be required as a qualification
for any office or public trust under the Commonwealth.
Rule
46(1) guarantees to every citizen, “the free profession
and practice of religion,” being subject to “public order” and “morality.”
Page
2 of 4
Public
order
is defined as; “being of orderly and of peaceful behaviour” and “the state
of peaceful co-existence among members of the public generally in which there is
an absence of an breach of the peace.” (Attachment 2, 3 and 4)
Morality
is defined in the Macquarie Dictionary (fourth edition) as; “conformity to the
rules of right conduct; moral or virtuous conduct.” (Attachment 5)
I
have the religious ideological belief of absolute pacifism (Refer attachment 6).
Thus my ideal religious practice is within the definition of ‘public order’
and ‘morality’.
This
ideal precludes me from funding or supporting any person or institution that I
believe has a contra 'religious' belief. Being one that I believe falls outside
the definition of both ‘public order’ and ‘morality’, such as that of
‘your’ institution, the State Government of Tasmania which has the opposite
ideological 'code of conduct' policy (belief) of control, interference,
punishment and war.
This
ideological 'stance' is in opposition to mine and of itself is a religious
'doctrine' or ideal that as said, I cannot follow or support, for I am loyal and
true to God's "Peace, love, mercy & forgive" Command.
I
am a person in this case that has not disturbed the peace of the land and I am
living in accordance to my religious ideological belief, and if both these
'factors' are 'proven' then the ruling Constitutional State and Commonwealth
RULING acts apply and I am thus innocent of any charges.
In
relation to CHARGE 3
The
insurance premium of the vehicle in question had been paid and a 'policy'
exists/ed. It is the rules of the institution that may try to nullify that
insurance cover. It is also my religious belief that no insurance policy
protects me from God’s inviolate and inevitable LAW: As you sow so you reap.
Thus
it is in the understanding that if I cause pain to any other then ahead I
receive at the hands of another an equal return of pain, that I drive with
extreme care so as to not cause pain or loss to any other. I believe there is no
insurance that protects any from God’s Law.
~~~~
I
believe that:
God's
Primary TRUTHFUL and RULING Command is:
"Go
your way in peace and love one another and be merciful, compassionate, and
forgiving."
It
is my intent to PROVE to this court of man and God that I am innocent of all
charges laid at my feet as I also use the Primary and RULING State and
Commonwealth Acts as my 'Witness' as I follow my 'absolute pacifist' religious
ideological belief with unswerving faithfulness and, the 'earthly' Monarchy
'promises' people 'immunity' in that they will not be 'disadvantaged' in any way
on account of their religious belief as long as they do not disturb the peace of
the land. Rule 46(2)
Page
3 of 4
Note:
The definition of 'Religion' as per the Macquarie Dictionary (fourth edition)
being:
“The
quest for the values of the ideal life, involving three phases:
Via
my guaranteed freedom of conscience by God and the above Rule 46(1) of the
Constitution Act of 1934, I choose God the Creator of all as my Monarch, being
absolutely and completely above all other and before all other claimants to
monarchy including the State Government of Tasmania.
God’s
Command of us of PEACE is my ideal, being the ideal I heed in the practice of my
daily life and that 'belief' precludes me from funding any person or institution
that holds a contra 'ideal/belief.’
I
believe that God issued this His Primary TRUTHFUL and RULING Command as there is
a 'consequence' for being other than peaceful, merciful, loving and forgiving. I
add, there are many 'named' religions, but there are in fact only TWO religious
ideological codes of conduct beliefs:
The
ONE is the TRUE religion.
The
'ideal' being the belief in Peace, kindness, respect, freedom & creativity
using LOVE. (benign)
The
other is the FALSE religion.
The
'ideal' being the belief in the justification for War, cruelty, disrespect,
control & destruction
using FORCE. (malignant)
I
believe God Commands us to ONLY use His Light (benign) energy because within His
'frame' exists all known and unknown energy, and that includes the Dark
destructive energy that we 'name' EVIL.
I
believe that His 'dual' energies have the same equal, just & equitable:
"As you sow so shall ye reap"
LAW that is inviolate and immutable under any circumstance. I thus as my ideal,
support institutions whose acts fall ONLY within God’s Primary TRUTHFUL and
RULING Command and thus by my ideal, I am prohibited from funding the State
Government of Tasmania whose acts both now and in the past against myself, prove
that this institution is one that falls within God’s FALSE religion, to the
dire spiritual consequences of all involved.
~~~~
The
'charges' at hand have arisen due to my refusal pay to your institution a
'license' and ‘registration’ and ‘registration change’ fee tax. For in
my mind any 'tax levy' payment to validate my driver's Certificate of Competency
'pass' qualification and register my car and trailer would as said, place me in
an unconscionable position of funding an institution that falls within God’s
false religion.
Page
4 of 4
The
result of this is that according to 'some' of your political 'rules' I am in
default. Whereas I say that
according to the Primary and ruling 'Freedom of religion' Act of the State and
Commonwealth Constitution I am not in default, nor am I in any way in
contravention of God's "Go your way in peace" command. I drive as a
qualified driver but have no State issued 'license'
fee tax payment receipt.
In
relation to the third charge, this should be dismissed on the above same
grounds, and as it is your rules that claim an offence and that nullifies my
insurance for which payment had been made before I acquired ownership of the
car.
It
is a very important 'moral' matter to me, and my 'default' has in the past
resulted in me being jailed by magistrates. My sincerity towards and practice of
my religion is proven by my peaceful conduct at the time of my ‘arrest’ and
by my adherence to my religious belief and conscience, in the face of jail
sentences through my refusal to fund the State Government.
In
the past magistrates have refused me my constitutional rights under your rules
and I can only now 'trust' that God places me in front of an 'honourable' Judge
who will read, and consider and allow me my wish to live my life via my ideal,
the religion of absolute pacifism, as granted by God and your Constitutional
Acts.
Please
consider this statement written before God today – 29th of July
2009
I
now await the decision of this Court
Ken
Atherton
Signed:
See COMMENTS IN ADDENDUM ON THIS CASE below 'Attachments'.
Note
attachments forming part of this submission.
Attachment
– 1 – Tasmanian & Commonwealth 'Freedom of religion' act
Attachment – 2 – The definition of Public order (Osborne Concise Law
Dictionary).
Attachment
– 3 - The definition of
Public order (Butterworth’s Australian Legal Dictionary).
Attachment
– 4 – The
definition of Public order (Oxford Companion to Law).
Attachment
– 5 - The definition of Morality (Macquarie Dictionary Fourth Edition)
Attachment
– 6 – My religious belief. (Click on
hyperlink)
Attachment – 7 - The Interpretation of the words
'religion & religious' from the Macquarie
Dictionary Fourth edition.
~~~~~~
Discussion on the results of the Court Hearing
Following
this court case I realized that even though I may have a sound 'case' for my
defence using their (the government system) rules and following their procedures,
I needed to understand that in the 'end' it is the dark and retributive
side of the Source that has His say through the mouth of the judge or magistrate
as their minds are tweaked so they find an 'excuse' to literally override their
own rules so you suffer your needed spiritual dues.
They may also have in
their mind, should you challenge their system of control, for the need to
maintain their system in their belief that it is the only way, as they 'show'
their allegiance to their rule books being their master and monarch.
~~~
What is
obvious to my mind here is that he was maintaining 'his' system, for to allow me
to go free would set a precedent that others could and most likely would follow.
And he was 'returning to me' my karmic dues
Ahead all complicit in this persecution of myself will sadly suffer under God's immutable and inviolate: As you sow so shall you reap LAW that I can personally vouch for as being a very difficult and challenging experience.
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