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Statement
by Submission - K. J. Atherton
MAGISTRATES
COURT (CIVIL DIVISION)
FORM
4
DEFENCE
ACTION No. M/2011/3270
MAGISTRATES
COURT
Address:
Phone No: 63362605 Fax No: 63311538
CLAIMANTS Mayor,
Councilors and Electors of the
DEFENDANT
Kenneth John Atherton -
LONGFORD 7301
SOLICITORS
FOR DEFENDANT: N/A
AMENDED
PARTICULARS OF DEFENCE (2nd August 2011)
In regards to the Council's
"Overdue rates and charges" Action no M/2011/3270, dated 3rd of June
2011 and signed by Maree Bricknell, Corporate Services Manager for and on behalf
of the Mayor, Councilors and the Electors of the Northern Midlands Council (NMC)
against "Defendant" Kenneth John Atherton 200 Norwich Drive LONGFORD.
This document is my defence to
the above claim and is dated the 2nd of August 2011.
I am
‘Kenneth John Atherton’ a human being, an individual child of our supreme Creator
who I will forthwith call God. I am, as I believe are all, first and foremost,
‘subjects’ of God and I now state as follows:
My defence is based upon 4
pertinent questions being:
A
- The Constitutional legality or otherwise of the NMC’s action against me in
respect of my Constitutional 'Freedom of Religion' belief, my Rights
contained therein, and my protection under that Act?
B
- Is the ‘Rates tax’ revenue raising demand within the State Local
Government Act 1993 valid in this case or is it overruled by the 'Freedom of
Religion' Act within the Constitution?
C
- Is Section 116 of the Australian Constitution Act (9th July 1900)
and Constitution
Act 1934 (Tas) being
ignored by the Council, Judiciary and enforcement agencies? If the answer is
“yes” then a state of anarchy exists with illegal rule by force of arms
having taken its place.
D
- Is the State issued Rates tax payment receipt a ‘permit of
permission’ to live without Council harassment? If “Yes,” then the
‘Freedom of Religion’ Australian Constitution Act (9 July 1900), section 116
applies in my case, as does the Tasmania Constitution Act 1934, and both give me
immunity from persecution and prosecution. I state this because it is my belief
that it should so be, and is summarized as follows:
2
– I further believe that the “NOT IN MY NAME” policy must by me
be strictly observed and adhered to because I cannot pay the wages of others
(paid state and federal servants) who then go forth operating on my behalf
and in my name doing interfering, taxing, fining, dispossessing or
‘injurious’ things to others. These are actions in absolute
contravention of my religious ideological doctrine of ‘PEACE,
compassion, mercy and forgiveness’ at all times and in all
situations and:
apply
the law as made by the Parliament
where
necessary, interpret the laws made by Parliament
ensure
that laws comply with the Australian
Constitution
I
make a ‘Not Guilty’ plea because my innocence from 'guilt' only becomes
apparent when we compare the differences between your belief system and mine as
well as on the true meaning of the word ‘religion,’ a belief which is the
overriding ‘ruling’ factor within the context of the Tasmanian and
Australian Constitutions.
I
do believe that within the Australian Constitutional Acts/Law that
‘mandates’ and authorizes your decisions, that I have immunity from
persecution and prosecution in this matter and, within this document of defence,
I will do my best to so prove to your satisfaction.
Point
3 - I base my defence upon the RULING Acts in the Australian &
Tasmanian Constitutions (Annexure
2 page 53) (Annexure 3) and the validity or
otherwise of the claim against me hinges upon the interpretation of the word
'Religion' as well as the interpretation of the following Australian and
Tasmanian Constitutional Acts:
|
"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
Constitution Act 1934 (Tas) (2)
No person shall be subject to any disability, or be required to
take any oath on account of his religion or religious belief. |
NOTE 1: The
NMC and the State courts have and continue to deny me my freedom of religion
even though it is guaranteed under these Constitutional Acts.
NOTE 2: "Public order"
may be defined as living in peaceful co-existence (refer annexure 4 - Oxford
Companion to Law by David Walker Clarendon Press, Oxford 1980, page 1015.)
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 ongoing
attempt to have me fund their punitive ways and thus have me deny God’s
Command and have my code of conduct be ‘otherwise’ and contra to my chosen
peaceful ideology.
Point
4 -
I do live in peaceful co-existence within my community despite the
NMC’s continuing harassment of me through their extortion demands, authorized
theft of cars, threatened sale of my fee simple property, my home as well as
attempted public humiliation. Their ongoing attempts to have me fund their
punitive and ‘war like’ acts are an attempt to have me deny my God and fund
their dark, punitive and controlling contra-God’s Command ways.
Point
5 -
Proof of the sincerity and adherence to my religious ideology may be
found in my previous court appearances where I like wise have declared my
freedom of religion under Section
116 of the Australian Constitution Act (9th July 1900) and Tasmanian
Constitution Act 1934 Part V Rule 46 (1)
and (2), only to have the magistrate deny me my Constitutional and God given
rights. I have proved myself to be an absolute pacifist having on
four separate occasions spent a total of more than 20 days incarcerated in state
prisons rather than pay the fines imposed upon me for heeding my God’s
Command.
Point
6 - It is contrary to the Command of God for the NMC to persecute me and
prosecute me for simply conforming to God’s command. This is religious
persecution and as said, is contra the State and Federal Constitutional rules
and of a human beings fundamental human rights.
Point
7 -
In order to 'prove' and 'Judge' the case at hand one way or the
other, one first needs to understand the meaning of the words
'Freedom of Religion' and how they are applicable to citizens of Australia and every
land mass on earth.
It follows that the 116
'Freedom of Religion' Clause giving immunity and protection to those who wish to
live by their belief, as long as they do not disturb the peace, clearly overrides
any latter day Council Act that of itself is
simply an annual tax. It is the issue of ‘tax’ that is the point in
contention.
And:
In the Annotated Constitution of the Commonwealth of Australia, Section 330
titled “Its Interpretation,” John Quick and Robert Randolph Garran
(Annexure 6)
state:
"In
the exercise of the duty of interpretation and adjudication not only in the High
Court, but every court of competent jurisdiction, has the right to declare that
a law of the Commonwealth or of a State is void by reason of
transgressing the Constitution.
This
is a duty cast upon the courts by the very nature of the judicial function. The
Federal Parliament and the State Parliaments are not sovereign bodies; they are
legislatures with limited powers; and any law which they attempt to pass in
excess of those powers is no law at all it is simply a nullity, entitled to no
obedience."
Summarising the facts
given - I cannot deny my belief in 'Peace at all times and in all
situations' being the basis of my religious ideology. I would also be denying my
conscience. This I would surely do
if I funded the coffers of an institution having the proven contra
ideological belief in “control, interference, extortion and punishment. Given
my beliefs, I should be neither ‘coerced’ nor punished using the prescribed
Act.
Justices
Mason and Brennan, in a joint judgment, stressed the importance of the case in
determining fundamental questions of religious freedom in
Justices
Mason and Brennan said, "Freedom of religion, the paradigm freedom of
conscience, is of the essence of a free society. The chief function in the law
of a definition of religion is to mark out an area within which a person subject
to the law is free to believe and act in accordance with his belief without
legal restraint."
The
definition affected the operation of the religious-freedom guarantee under
the Constitution and many other laws granting religions special benefits.
"Protection is accorded to preserve the dignity and freedom of each man so
that he may adhere to any religion of his choosing or to none," they
said. "The freedom of religion being equally conferred on all, the variety
of religious beliefs which are within the area of legal immunity is not
restricted." The judges stressed the importance of the "Actions of
the adherents" rather than the dogma itself.
Point
11 - I Kenneth
Atherton believe that the word ‘Religion’ is the belief in a
superpower entitled to be revered and obeyed and, IT IS THE IDEOLOGICAL
CODE OF CONDUCT POLICY as Commanded by the Sovereign Power (God) that is
to be obeyed.
Australia's Macquarie dictionary (Fourth Edition)
– page 1197 (Annexure 8 – page
1197.)
Religion
= -
- - - the quest for the values of the ideal life - - - the ideal, the
practices for attaining the values of the ideal,… recognition
on the part of humans of a controlling super human power entitled to obedience,
reverence, and worship.
Religious
= - -
- - scrupulously faithful; conscientious, pious, devout.
The above means that
one’s 'religion' is not any named 'Church' organization, but it is the policy
of one’s daily code of conduct interaction with other children of God.
Australian Legal Dictionary
(Butterworth) (Annexure 9 - page 1527)
Blacks
Legal Dictionary (American Dictionary)
Point
12 -
I believe that the Tasmanian and Commonwealth CONSTITUTIONS are
'The Sovereign Ruler' giving ITS ruling decrees unto ITS (His/Her)
‘servants.
I believe that
persons such as myself who do ‘conform’ to Constitutional
‘rights’ granted to me and all who do obey the “Do
not disturb the peace of the land and be of moral standing” rulings of
God, man and the Constitution, do have the right to live as
‘free men or women’ and go about their business without ‘Let or
hindrance.’ I do adhere to all the God given policies of
‘conduct and directives’ and I do pay for services rendered and I do freely
donate funds to assist the general community.
This
matter is of critical importance for me since being able to live my life in
peaceful co-existence heeding my Creator’s Command is essential for my
spiritual ‘wellbeing’. I believe my acts do decide my spiritual destiny when
I leave my physical body and funding a proven intrusive & controlling
organization such as the NMC via any ‘rates’ profoundly puts that in
question.
Because
it is my wish to live peacefully within my community and to pay my way and
contribute funds to those in need where I am able, I have endeavoured to support
the NMC which is a major community service provider in my region, even though I
receive no direct services. But my request that my freely given funds be only
used for benign activities has been denied and two substantial donations of fuel
either refused or returned.
It
is thus that I am now faced, because of my religious convictions, with defending
my place of living and income for my family and self.
Point
13 -
From the above, the answer to the earlier questions is:
Question
B. - The Tasmanian Local Government Act 1993 is clearly not valid in this case,
it being overruled by Section116 of the Commonwealth
of Australia Constitution Act (9th
July 1900) and the Tasmanian
Constitution Act 1934 Part V Rule 46 (1)
and (2).
Question
C. - Section
116 of the Australian Constitution Act (9th July 1900) and the Tasmanian
Constitution Act 1934 Part V Rule 46 (1)
and (2) have been ignored in the past by the Tasmanian Judiciary and enforcement
agencies in my case and thus a state of anarchy does exist in this the State of
Tasmania were illegal rule by force of arms has now become the norm.
Question D. - Is the State
issued Rates tax payment receipt a ‘permit of permission’ to live
without Council harassment? It is simply an annual tax and I cannot pay it as to
so do would be to deny my conscience and my God.
I
have been persecuted for my religious belief in absolute pacifism, with the
magistrates committing Treason against the overriding Constitution of the
Commonwealth of Australia and of the Constitution Act of 1934 of the State of
Point
14 -
There is no contract for services, written, verbal or implied
between the corporate institution named the NMC and myself. Any assumed
‘contract’ based on past precedent was cancelled in my letter to the NMC
dated 4th of August 2006 (Annexure
10). If the NMC believes otherwise I ask that the contract between
the NMC and me be tabled for the court and me to view.
Point
15 - I have made it
quite clear in the past and do again repeat that I am prepared to fund
“sections” of the services provided by the NMC institution namely those I
deem to be required by me. I have also in the past made freely given donations
to my local community through the NMC whereby I have specifically advised the
NMC that none of the “monies” I contributed were in any way to be used for
the purpose of litigation against others because I would be complicit in such a
punitive 'action.'
Point
17 -
It is my fervent ideological belief that 'Councils' are supposed to
be a community service provider, and that they should not force people to pay
for services they have neither asked for nor want nor received by utilizing the
'Court' to back their false claims with forceful means.
Point
18 -
The provision of services to me, being the basis of the NMC monetary
claims, were not supplied. It is my fervent ideological belief that I do not
have to pay monies for services that were not supplied. There
was NO service provided to my property in respect of the monies claimed.
Point
19
- I receive no direct services from the NMC and thus have no moral,
ethical or legal obligation to fund the NMC and I state: I do not believe
that I "owe" others anything simply because they say I do.
Point
20 – I am being
persecuted, dispossessed of property, harassed and victimized simply because it
is my fervent religious belief that it is unconscionable for me to give
in to 'extortionist' demands that arise simply because Council individuals
exceed their mandate as granted within the Australian Constitution.
Point
21 – I am being
persecuted for my religious belief in absolute pacifism, and that is Treason
against the overriding Constitution of the Commonwealth of Australia and of the
Constitution Act of 1934 of the State of
Point
22
– The NMC ‘officials’ through their attempts at extortion and
other punitive acts against me are thus proven to not abide by God’s
Command of “Peace unto all,” and are “self-proven” to be of an
“extortionist and punitive” doctrine and thus demonstrate that they
have a contra ideological religious belief to mine.
Their “religious”
ideological belief, being their ‘dogma,’ is
“dictated” by the book of rules which includes the “Local
Government Act 1993“ and which “dictates” a code of conduct policy to its
employees “mandating” that they must commit acts which deny God’s
Command. I cannot condone these activities because they are activities
“backed” by force of arms which is against my own religious belief.
Point
23
– The ‘bailiff’ has already seized two of my vehicles and sold
them. This is not only an
infringement of the 'Freedom of religion' clause but is an action that has
caused me to suffer deprivation (disability) which is also an infringement of
Constitutional policy.
Point
24
– I have chosen to heed God and in that choice I endeavor to live
within my community peacefully as commanded by God’s commanded “peace unto
all” doctrine. The NMC is a principle service provider and I have in the past
paid for those services I chose to receive from Council.
I have also been inspired by God
to provide, through the NMC, 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.
Point
25
–The NMC’s denial of my request and their on-going persecution of
me resulted in my dismissal of the NMC as my service provider
(Annexure 10). In this correspondence I informed the Council of my rights
as granted by God and by their Constitutional rules.
Point
26 – 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.
Point
27
– It is contrary to the Command of God for the NMC to persecute me
and prosecute me for simply conforming to God’s command. This is Religious
Persecution and as said, is contra the State and Federal Constitutional rules
and of rulings of the United Nations.
Point
28
– It is error on the part of the NMC employees to try and steal
funds from me for services they did not give on the pretext that I am within
their "Council" jurisdiction when I have clearly in the past shown
beyond doubt that I am not.
Point
29
– It is unethical and discriminatory for everyone in the community
to be charged the same ‘rate’ for services when some, as me, do not receive
the service. In no other organization are service providers so illegally
permitted to charge for services not provided and if they did they would be
hauled before the courts of man.
Point
30
– I believe that as a peaceful person owning fee
simple ‘freehold property’ an individual has the right to live in
isolation on their ‘Oasis’ if they so wish without armed ‘invaders’
trying to steal their money or seize their property for any reason. The ways of
‘demands and coercion’ is not the ‘brotherhood of man’ required by a
civil society.
Point
31
– I contest the assumed ‘right’ by the Council organization or
any other ‘authority’ to have the facility to legislate their own ‘terms
& conditions in respect of the way in which they conduct their interaction
with the people. For what is the ‘rightful’ legality for any
person in any institution taking it upon themselves to impose
rules enabling their control, interference, coercive behavior and
punitive actions using a ‘Court’ backed by armed men?
Due
to the above land ‘seizures’ which took place in every land mass on earth,
there has been an ongoing established belief that the invasive
‘power’ now has legal tenure over said land mass and, that its
‘officers’ now have legal jurisdiction* over all mortals thereon with the RIGHT to
‘decree’ and legislate, and by these rules enslave everyone, with any
non-conformity being punished.
I
can but ADVISE all persons seeking to steal my money or goods or land that if
they so persist then by their own FREE WILL CHOICE & BELIEF they defy
the ‘rules of their own institution Constitution, they defy God, they
defy ‘reason,’ and they place themselves into a dark morass of suffering
within the precepts of God’s LAW “As
you do unto others will by others be done unto you.”
Point
33
– The 'claim' against me is stated
to be ON BEHALF OF the Electors of the Northern Midlands Council.
This is a false statement as there are members of the electorate who have
signed a statement to the effect that they did not give 'council'
management permission to use their names in said controversy and they do not
wish to bring any complaint against me. Statements so stating are available.
Point
34
– If Council staff and others named on the ‘complaint’
continue to pursue me with the intent to punish after having been
fully advised of the circumstance of my religious doctrinal belief as well
as the immunity granted to me with the Constitutional Sovereign Power, as
well as the prior Points 1 to 33 then, - - -
It is my fervent religious
belief that their ‘actions’ will by God, man and the Constitutional
‘Authority’ be seen as 'Guilty' of:
Defiance
of the authority
granted unto them by their Constitutional Mandate. (Tasmanian &
Commonwealth)
Treason against the
Sovereign Constitutional Power.
Treason against the State
of Heaven.
Disturbing the peace of the
peaceful in contravention of God’s RULING command.
Disturbing the peace of the
peaceful in contravention of the Australian Constitutional authority.
Religious intolerance and
persecution.
Denying the religious freedom
of others that are not disturbing the peace of the land.
Harassment inciting civil
unrest. Enticing other members of the community (police & the
magistrate) to join their persecution of a peaceful man.
Using
coercion
* to try and force me to ‘fund’ a contra religious ideology
of control, force, punishment etc., and thus become complicit to ITS code
of conduct policy – ideology - beliefs.
Note:
(Coercion* - being the punishment factor I am
subjected to.) Coercion is using the forceful court of man as the means
to cause me embarrassment, mental, emotional and possibly physical duress, and
material loss and loss of my freedom if I am incarcerated as the result of your
personal ‘additional’ complaint to my long ‘history’
Point
35
– I await God’s judgment upon me through the mind of the person
who takes it upon themselves to judge me, and I can state quite truthfully that
within the precepts of God’s immutable “As you sow so shall ye reap” Law,
that if any ‘restriction, eviction, fine or theft’ of my property takes
place then everyone ‘listed’ on the ‘complaint’ sheet is
complicit, and they and the ‘judge’ will suffer the same ‘loss and
injury’ at a later time – that is also my fervent religious belief.
Note:
I am advised
by
THE SOVEREIGN AUTHORITY that: There is now to be a "No tolerance"
attitude taken towards anyone of the public or any state official having any racial
prejudice or religious INTOLERANCE.
I am advised
by
THE SOVEREIGN AUTHORITY that: Any 'official' or person inciting
civil unrest in matters pertaining to the Constitutional "freedom of
religion" Act will be very harshly dealt with.
I am advised
by
THE SOVEREIGN AUTHORITY that: Any 'official' or person found disturbing
the peace of the peaceful for any reason will be very harshly dealt with.
I am advised
by
THE SOVEREIGN AUTHORITY that: Any 'official' or person unlawfully interfering
in the lives of the peaceful for any reason will be very harshly dealt with.
I am advised
by THE
SOVEREIGN AUTHORITY that: Any 'official' or person found to be carrying out any
unlawful arrest – transportation – detention or punishment due to their
disregard of the religious beliefs of others - not disturbing the peace of
the land - will be very harshly dealt with.
The end of my submission to the court.
~~~~
Annexures.
Annexure 1 – My Religious ideological belief.
Annexure 2 - Commonwealth of Australia Constitution Act
section 116. (page 53)
Annexure 3 - Constitution Act 1934 (no 94 of 1934) Part V
Rule 46 (1) and (2).
Annexure 4 - Oxford Companion to Law by David Walker Clarendon Press, Oxford
1980, page 1015.
Annexure 5 - Clause 5 of the Commonwealth of Australia
Constitution Act. (page 8)
Annexure 6 - Annotated Constitution of the Commonwealth
of Australia, Section 330 titled “Its Interpretation,” John Quick and
Robert Randolph Garran.
Annexure 7 -
Church
of the New Faith V Commissioner of Pay roll Tax (Vic) 1983 154 CLR 120.
Annexure 8 - Australia's Macquarie dictionary (Fourth Edition) – page
1197.
Annexure 9 - Australian Legal Dictionary (Butterworth) page 1527.
Annexure 10 - 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.
To access the linked 'annexure documents' you will need to go on line to: http://www.pindariherbfarm.com/ratelet/letter60.htm
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