Tasmania
Magistrates Court (Civil Division)

Defence

MAGISTRATES COURT
Address: 73 Charles Street , Launceston
Phone No: 63362605    Fax No: 63311538

CLAIMANT                    Northern Midlands Council
                                    P O Box 156
                                    LONGFORD 7301

DEFENDANT                 Kenneth John Atherton
                                    200 Norwich Drive
                                    LONGFORD 7301

SOLICITORS FOR DEFENDANT N/A

PARTICULARS OF DEFENCE

In regards to the Council's "Overdue rates and charges" Claim L40335/07, dated 15th of May 2007 and signed by Maree Bricknell, Corporate Services Manager for and on behalf of the Mayor, Councilors and the Electors of the Northern Midlands Council against "Defendant" Atherton Kenneth John 200 Norwich Drive LONGFORD.

This document is a defence to the above claim and is dated the 17^th of October 2007.

My defence is based upon six facts being that:

1 – It is my ideological belief that I must have God as my “head of house” and “bow” in submission to His “Go your way in peace and be kind, merciful, compassionate and forgiving” Command. It is thus that I am not a "party" member of the Northern Midlands Council (NMC) and the State Government of Tasmania having found it necessary to stand aside and apart from these institutions for the reasons above and referenced below. For the same reasons I am also not a "party" member of the "senior" institution named the Commonwealth of Australia .

It is my ideological belief that I am entitled to live in accordance with my religious ideological belief as long as I “Go my way in peace” as commanded by God, and thus do not disturb the peace of others nor interfere in their lives, nor cause others harm.

As it is my “religious” ideological belief that I must and can live my life according to the Command of our Creator, I do not interfere in the lives of others, nor do I disturb the peace of the land, nor do I participate in, or fund any punitive or warring “activity”, nor can I fund those that so do, for in my ideological belief that would be a “contravention of God's Commanded code of conduct of: "Peace unto all". E.g. funding their “coffers” and thus supporting their interference, control, and punishment of other persons.

And, I further believe that I do not have to “bow” to the dictates or “constraints” of any other “mortal” men for their “control” is ungodly and undemocratic and in opposition of what I believe “freedom and democracy” stands for.

I have made it quite clear in the past that I am prepared to fund “sections” of the services provided by your NMC institution, being those that I see as required by me and, I have specifically asked that none of my “monies” contributed are in any way used for the purpose of litigation against others. It is insanity for me to fund you in order for you to take punitive “action” against me.

I am being persecuted for my religious beliefs, and that is Treason against the Constitution of your own institution, as well as being an “activity” that defies the Command of our Creator.

The NMC through its attempts at extortion and other punitive acts against me is thus proven to not abide by God’s Command of “Peace unto all,” and it is “self-proven” to be of an “extortionist and punitive” and thus contra ideological religious belief to mine. Its “religious” ideological belief, being its dogma, is “dictated” by the book of rules that includes the “Local Government Act 1993“ and which “dictate” a code of conduct to its employees, “mandating” that they commit acts that deny God’s Command. Thus I cannot condone their activity that is “backed” by force of arms.

As I have chosen to heed God I endeavour to live within my community and live by God’s commanded “peace unto all” doctrine, and as the NMC is a principle service provider I have in the past paid for those services I chose to receive from Council. And as inspired by God, I have also made a freely given donation as a contribution for the benefit of the local community.

I have included with this donation a clearly stated request that my freely given funds were only to be used for the positive benefit of the needy. (Refer: Annexure 1)

The NMC’s denial of my request (annexure 2 and 3) and their on going persecution of me resulted in my dismissal of the NMC as my service provider (annexure 4). In this correspondence I informed the Council of my rights as granted by God and by their rules. (Refer below).

2 – Within the principle clauses of the founding constitutions of the institutions (refer; annexure 5, Commonwealth of Australia Constitution Act AD 1900 Sect. 116) and as given here below, as your institutions are proven to be of a "contrary" ideology to mine, I have the right to live by my own peaceful belief. This fact was not previously taken into consideration by the magistrate.

Being that I must not in any way fund a punitive system for that is a contravention of God’s “Go in peace and be merciful and forgiving” Command and, - - -

The freedom to go about my life peacefully having a differing religious doctrine and not being a member of your institution and to not fund your institution, is granted to me by your own "rules of engagement" upon which you receive your authority over those that do fellowship with you and support you:

~~~

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 116
Commonwealth not to legislate in respect 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 within your State Government of Tasmania institution's founding Constitution Act are rules below that were reaffirmed in the Constitution Act 1934 (Tas), (refer annexure 6). These rules did guarantee religious freedom within the State of Tasmania and it remains to be seen by the decision handed down in this "defence" if they still do. 

Rule 46(1) provides in "your" rules, a legal guarantee of the religious liberty and equality of Tasmanians. Every citizen is guaranteed freedom of conscience and the free exercise of religion.

NOTE

"Public order" may be defined as living in peaceful co-existence (refer annexure 7) and "morality" as living righteously according to God's Commanded Code of Conduct. Both of which I do aspire to in spite of the Council's on going attempt to have me fund their punitive ways and thus have me be otherwise. 

Rule 46(2) provides in "your" rules that "No person shall be subject to any disability ... on account of his religion or religious belief" and yet through my religious belief in only peaceful co-existence and thus choice to not be supportive of you and your employer's contra doctrinal beliefs, you try to coerce me to comply to your demands, and when I do not you force me to suffer the loss of goods. This is in contravention of your own "rules" listed above, for as previously stated and again stated, I do not believe that I "owe" others anything simply because they say I do and, I cannot "pay" for services that I have not tendered for and, in any case, there was NO service provided to my property in respect of the monies claimed.

NOTE

Religion: "A system of belief in the worship of a supernatural power or God." or
”The recognition by man of a superhuman power entitled to obedience, reverence, and worship.” (Refer annexure 8).

Doctrine - the teaching of a "church" or religion or other teacher that forms the "base" upon which a person bases their "ethical" code of conduct.  

State government "doctrine" is the TEXT within the state regulations/statutes/acts etc., that has become the "religion" of its followers and state enforcers and others that perceive this unholy book as their "god" to be adored, revered, worshipped and obeyed by all within the state.

3 – It is contrary to the Command of God for you to persecute me and prosecute me for simply conforming to God’s command. This was not previously taken into consideration by the magistrate.

I believe that God does not condone abuse, invasion, warfare, extortion, punishment or killing under any circumstances, and I thus refuse to fund the "way" Council demands by paying "tax" or "fine" for this reason and, - - - it is gross injustice for Council staff to say that I must be "caught" and judged as "DEVIANT" and punished, all because I follow my belief: "Thou shall not kill, thou shalt not steal, thou shalt not abuse another, thou shalt go thy way in PEACE."

I have my own differing ideological “belief to yours,” but I do not impose IT upon you or others using armed men as my “back up,” and what I believe that needs to be seen before judgement is passed against me, is that irrespective of God’s Command to all, that within your own Constitution is a clause or two that “allows” those as me to go free and unhindered and live by our own conscience as long as “we” do not disturb the peace or, as long as we can “prove” that we live in accordance to the “doctrine” of a religious “belief” that is different to yours. (Opposite ideology).

It is also obvious to me that the NMC council officers are totally ignorant of their “Constitutional” mandate given and, of the protection given unto me by their own Constitution and, - - - due to this they continue to harass me, and I and my God perceive their actions as religious PERSECUTION as they continue to try to “coerce” me into funding their institution with its dark and punitive ways.

4 – It is contrary to the Sovereign Right of man granted by God whereby: 
(This fact was not previously taken into consideration by the magistrate.)

"The people inhabiting planet earth have a ‘Sovereign Right’ bequeathed unto them by God the Creator the Supreme Power and ultimate Authority. This "Sovereign Right" is their right to exercise their conscience and to exist on earth and to live in accordance with the Command of God and, - - -

This means that they have a ‘Sovereign Right’ to walk apart from the confines and influence and dictates and regulations or decrees of other mortals or institutions of man." (Extracted from "The Sovereign Right of man" document that is available at: http://www.the-testament-of-truth.co.uk/web/sovereign.htm )

5 – It is contrary to your own Constitution for officers of State or Commonwealth to impose their rules upon me. (This fact was not previously taken into consideration by the magistrate.)

6 – It was error on the part of the NMC employee Maree Bricknell (Corporate Services Manager) to try and steal funds from me on the pretext that I was within her "Council" jurisdiction when I have clearly in the past shown beyond doubt to her that I was not. (Refer annexure 9)

This fact was not previously taken into consideration by the magistrate.

Further to the above, it is my personal belief that God’s “As you sow so shall ye reap” Decree is THE LAW of this and every land, and it is my personal belief that the “rules” of the institution your serve are not “the law,” but simply the Edicts of politicians, (Caesar) and it is my personal belief that if I fund a punitive and contra “peace” ideology such as yours, that I would place myself within the punitive aspect of God’s superior Law.

I “fear” defiance of God, and I “fear” for those that use force as they defy God and “bow” to Caesar. As my conscience leads me to conform to God’s Command, I am only able to fund positive community “works” that I wish to and need to, and in a manner agreed to by both parties.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

ADDED NOTES:

I also detail below my "counter claim" that covers the costs to me prior to receiving the $3821.93 amount that is claimed as being outstanding on my "account," and I add that at no time have I asked the Council to be my service provider, and thus I have no "account" with them backed by any "signature" from my pen.

I simply make this "‘effort" of appeal so that all those that have already placed their penned signature upon the dockets that have sullied my name and have caused me and my family loss, have the opportunity to reconsider their mandate to wage war upon me a peaceful man and, - - -

To withdraw their false claim and to refund some of my costs and, - - - I can but trust that there is at least ONE honest and honorable Judge in the land who has the capacity to take the time to read all laid at his feet by my hand and to read the basis of his own authority to "rule" or "not to make punitive rulings" over me.

The above is a fact needing to be taken into consideration by the magistrate.

If perchance you are "leaning" towards making an "invalid appeal" decision against me then my final question is: “How and at what point in time did I "abdicate" my God given "throne" that enabled me to live my life in peace according to my own beliefs, and cede it over to your institution that has the "opposing" ideology of control, punishment, and war”?

The above is a fact needing to be taken into consideration by the magistrate.

If you do use the back up of force to seize my property to pay the "claim" balance as stated above, it clearly shows God and me that your "officers" are not only very arrogant and disdainful of their own rules, but that they are absolutely ignorant of God’s superior law, and I can only "warn" you all that whatever you already have imposed or will impose upon me forcefully will be done unto you by God within His superior Law.

As God is my witness the Council "officers" have been guilty of Treason against God and the State Constitution.

The above is a fact needing to be taken into consideration by the magistrate.

I seek no monetary "redress" from any other ratepayer, and if damages or refunds are awarded to me then in my eyes and God’s they should be met from the personal "pockets" of all complicit in the extortion racket.

I am aware that the "fraudulent" claims against me arose solely from the ignorance and arrogance of all who have assumed that every person on the land is within their jurisdiction, and I can but ask that they now "back off" and make amends to God and myself.

The above is a fact needing to be taken into consideration by the magistrate.

There will be a copy of this open "Appeal" on line at: http://www.pindariherbfarm.com under "Spiritual Truth on Local Council Charges, Rates & Taxes" on the front page. Enclosed is a DVD with the Pindari Herb Farm web page that provides copies of the correspondence to date with the NMC and importantly at the bottom of the front page, a link to the full web page of “The Testament of Truth.” (Refer annexure 10).

The end of my submission to the court.

Signed Ken Atherton

Details of "counter claim."

Seizure and thus “theft” of two cars from my abode by State officials being:
Ford Station Wagon EH7955
Ford Sedan EV8319
Stolen by an employee of the State government institution of Tasmania at the instigation of employees of the Northern Midlands Council for and on behalf of the Mayor, Councilors and Electors of the Northern Midlands Council. (Dated 15th day of June 2006.)

Value of the two cars estimated at $2000 and $4000 respectively. Costs of re-purchasing our cars back at auction amounted to:
Ford Station Wagon EH7955 .....$700
Ford Sedan EV8319....................$1400

My costs in time and materials in responding to the ongoing attempts at extortion over the last two years and more: $1000 

Total claimed: $3100

Signed: Ken Atherton

List of annexure.

Annexure 1 - Letter dated 23rd of November 2004, to Maree Bricknell, Manager Corporate Services and the Mayor, Councilors, Council staff and ratepayers, C/- Northern Midlands Council. This letter may also be viewed as letter 24 at: http://www.pindariherbfarm.com under "Spiritual Truth on Local Council Charges, Rates & Taxes" on the front page.
Annexure 2 – Letter dated 24^th of November 2003, from Maree Bricknell, Manager Corporate Services, NMC.
Annexure 3 - Letter dated 30^th of November 2005, to Maree Bricknell, Manager Corporate Services and the Mayor, Councilors, Council staff and ratepayers, C/- Northern Midlands Council. This letter may also be viewed as letter 26 at: http://www.pindariherbfarm.com under "Spiritual Truth on Local Council Charges, Rates & Taxes" on the front page.
Annexure 4 - Letter dated 4th of August 2006, to Mr. Monsour, Maree Bricknell, Manager Corporate Services and the Mayor, Councilors and employees, electors and financial contributors C/- Northern Midlands Council. This letter may also be viewed as letter 29 at: http://www.pindariherbfarm.com under "Spiritual Truth on Local Council Charges, Rates & Taxes" on the front page.
Annexure 5 - Commonwealth of Australia Constitution Act section 116.
Annexure 6 - Constitution Act 1934 (no 94 of 1934) Part V Rule 46 (1) and (2).
Annexure 7 - Oxford Companion to Law by David Walker Clarendon Press, Oxford 1980, page 1015
Annexure 8 - Webster’s Dictionary of the English Language, page 1527.
Annexure 9 - Letter dated 23rd of November 2004, to Maree Bricknell, Manager Corporate Services and the Mayor, Councilors, Council staff and ratepayers, C/- Northern Midlands Council. This letter may also be viewed as letter 24 at: http://www.pindariherbfarm.com under "Spiritual Truth on Local Council Charges, Rates & Taxes" on the front page.
Annexure 10 - DVD of Pindari Herb Farm web page at www.pindariherbfarm.com and The Testament of Truth web page at : www.the-testament-of-truth.co.uk linked at the bottom of the Pindari front page.

NOTE. The magistrates ruling on the above defence may be read in "letter 39."

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