Court List Pindari Herb Farm
www.pindariherbfarm.com
A Resource Centre for Self-Responsible and Harmonious Living
Home

Court submission followed by the:
Results of Court Hearing

-          Ken Atherton – Complaint No: 37778/08

~ Statement by submission ~
Court appearance 5th August 2009

 In relation to CHARGES 1 and 2

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:

 

Tasmania Constitution Act 1934 (No. 94 of 1934)
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 
Australian Commonwealth Constitution
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 (This charge was dropped due to an error in the charge)

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. (Refer to originals where possible)
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.

Thus you may have all the 'legal' arguments in your favour but you will still suffer your karmic dues under God's: As you sow so shall you reap Law. So be it, I would rather clear my negative karmic past by suffering now than to submit to their 'fund me demands,' as to do so would only lead to my suffering more ahead.

I believe that by all means use their rules if they are of advantage to your case, but remember it is GOD and GOD'S LAW that is THE LAW and that will win out in the end.

It is not a 'game' to be played lightly as the spiritual consequences for each spirit/soul is 'wheat from the chaff stuff', being of potential immeasurable catastrophic consequences. Thus every opportunity should be taken to try to reach the minds of those persecuting you with the spiritual truth of God's: Love one another Command and singular: As you sow so you reap LAW.

~~~

The magistrate allowed the 'submission' to be read to the court and at the close of the proceeding retired to consider his verdict. He returned to state (as I remember it) that if I was allowed to 'go free' any could claim their religion as a defence. (One can ONLY so do if one is an absolute pacifist and have not breached the 'social orderliness clause of God and State)

He further stated that as I lived in Tasmania then the Tasmanian book of rules must apply to me and therefore I was 'guilty' in his eyes, and he handed down a fine after considering my previous convictions. Not realising that the Tasmania Constitutional rules supersede later political acts, ref freedom of religion.

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 from my past acts.

He thus denied his own Constitutional rules, which is a seditious act and an act of treason. He proved by his actions and by his error of judgement that he had defied and exceeded the authority granted unto him by his mandate from the Constitution of the State Government of Tasmania, placing this false monarch over and above God the true Monarch.

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.

Further reading may be found on the Court index page

To top of page Home