IN THE SUPREME COURT OF
NEW SOUTH WALES
SYDNEY REGISTRY
COMMON LAW DIVISION
No: 10088 of 2002
____________________________
SUMMONS
Filed for John Wilson.
___________________________
JOHN WILSON
Plaintiff
THE HON. ROBERT JOHN CARR,
MP
Defendant
____________________________
Applicant: John Wilson
of: 331 North Rocks Road,
North Rocks,
NSW, 2151.
Tel: (02) 9872 1661.
____________________________
The Plaintiff claims:
1. A declaration that the
defendant is guilty of treason
and treachery in that he was instrumental in removing the Governor of New South
Wales from Government House, Sydney
2. A declaration that the
defendant is guilty of treachery
in that he was instrumental in advising the Governor of New South Wales grant
royal assent to legislation which takes away the common right to trial by jury.
3. Orders that the
defendant be punished for such treason and treachery.
4. Such further or other
orders as the Court may deem fit.
STATEMENT OF CHARGES:
1. It is alleged that, on 1
March 1996, the Honourable Gordon J. Samuels was sworn in as the 36th Governor
of New South Wales and abandoned Government House, Macquarie Street, Sydney as
the Oficial Vice Regal Residence in conspiracy with and at the direction of the
Premier of New South Wales, the Hon. Robert John Carr.
2. It is alleged that, on 19
December 2001, the 37th Governor of New South Wales, Professor Roslyn Marie
Bashir, with the Premier of New South Wales, the Hon. Robert John Carr, as
chief adviser, signed and granted Royal Assent to a Bill which became the Courts
Legislation Amendment (Civil Juries) Act 2001 No. 124.
PARTICULARS:
1. I am an Australian
citizen and Australian citizens are entitled to the rights, privileges and
benefits of the Australian system of government, which is that of a
Democratic and Constitutional Monarchy;
and it our duty to protect and defend them against attack from enemies, both
foreign and domestic.
2. Australia is an "indissoluble
Federal Commonwealth under the Crown of the United Kingdom of the United
Kingdom of Great Britain and Ireland, and under the Constituion hereby
established" (Preamble to "An
Act to constitute the Commonwealth of Australia, 63 & 64 Victoria, Chapter
12, 1900") formed by the uniting of its States.
3. Australian States also
have State Constitutions, eg: in New South Wales there is the "Constitution Act 1902 No. 32".
4. The Commonwealth and
State Constitutions required Royal Assent from the Monarch in order to be made
law.
5. The Monarch, today, is
Her Majesty Queen Elizabeth the Second of England. The Queen is under the law (as are the people), and the Queen has
sworn the Coronation Oath which included the promise to govern Australia.
6. The Federal and State
Constitutions are supplemented by "Constitutional Enactments" (such
as those listed in the Second Schedule of the Imperial Acts Application Act 1969 No. 32 which include Magna Carta 1297, Petition of Right 1627,
Bill of Rights 1688, etc.), and form the collective Constitution, establishing the structure and
purposes of the Commonwealth and the rights of its citizens. The constitution,
itself, does not consist of a single document as the only vital element.
7. These constitutions are
part of the "law of the land",
ie: the common law, which cannot be changed by fiat (an authoritative order or decree) of a ruling or elite group
but require special elections or referenda, as in section 128 of the
Commonwealth Constitution.
8. The Hon. Robert John
Carr, the Premier, has committed acts of High Treason, ie: violations of allegiance to Her Majesty
Queen Elizabeth the Second and the Government which constitute a serious threat
to the stability and continutity of the state. They are also acts of Treachery.
9. The Premier has sworn the
Oath of Allegiance on numerous occasions.
The Oath is a condition precedent to sitting or voting as a Member of
the New South Wales Parliament's Legislative Assembly under section 12 of the
Constitution Act 1902 No: 32. One such
occasion was after the election of March 1999.
10. The Oath of Allegiance is
in the form set out in the Second schedule of the Oaths Act 1900 No: 20 and
is: "I, , do swear that I will be faithful
and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her heirs
and Successors according to law. So help me God."
11. The Premier did not seek
the approval of the electors of New South Wales for the removal of the Governor
from Government House.
12. The removal of the
Governor from Government House has all the hallmarks of a Conspiracy, which is
an offence under Common Law which, in this case, was an agreement between the
Premier and the Hon. Gordon J. Samuels to defraud the Sovereign and the People
of New South Wales of their entitlement to have the Governor "live
where his duties lie" and execute the Office the Governor in the
House and on the grounds, duly dedicated by the New South Wales Parliament and
gazetted on 2 November 1917, for the Vice-Regal Residence.
13. An article in the Sydney
Morning Herald, dated 17 January 1996, is evidence of the secrecy of
negotiations between the Premier and the Hon. Gordon J. Samuels leading up to
the announcement of Samuels as the new Governor. The newspaper report said the out-going and 35th Governor, Rear
Admiral Peter Sinclair "complained that the Government had
failed to consult him".
14. The 35th Governor of New
South Wales, Rear Admiral Peter Sinclair said in a leaflet which accompanied a
video, "The Governor of New South
Wales", "My wife and I are committed to the task of
serving the people of this state and in doing so we intend to make the office
of Governor as well as Government House as accessible as possible to the people
of N.S.W. "My predecessor, Sir David Martin, commissioned this video that
shows the roles and activities of the Governor as well as the activities that
are carried out within Government House. I am sure you will find this video
interesting and I hope you enjoy it."
15. By the Premier's actions
to remove the Governor from his/her Vice-Regal Residence, the Premier has
deliberately set about to undermine and devalue the role of the Sovereign's
Representative, the Governor.
16. In the video, Sir David
Martin said, "The Governor represents the
Queen but if you think about it he is also very much the representative of the
people of the State. I think that's a sublime example of democracy at work. The
Governor has his rights in the Constitution and they're very simple. His rights are to be fully advised by the
Government; to be consulted by the Government; to encourage and to warn".
17. In the video, Sir David
Martin also said, "The
Constitutional bit is why we have a Governor in our Australian Constitution.
And I'm sure you all know that a Bill that has been through the Parliament, or
an important appointment, can't be made law until it's had Royal Assent. The
Governor appoints and dismisses Ministers on the advice of the Premier. A
Governor is required to take the advice of his Ministers as long as they do
represent that majority democratically
elected Government. If the situation
should ever arise in the future when a political party can't form a Government
when it's lost its majority, then the Governor of the date has to use what is
called his Reserve Power - or may have to. In other words, he may have to use
his Reserve Power to find someone else to form a Government. Note please: the
Governor is not responsible to the Governor-General. There is no chain of
command from the State Governor to the Governor-General. There's no link of any
sort from tne Governor to the British Government - or any memeber of the
British Government. He has a link to the Queen of Australia who he represents -
but not to the British Government.".
18. In the video, Sir David
Martin also said, "People ask what power the
Governor has. He has almost none, at
all. The question should be: How much power does his presence deny to
Ministers who would otherwise have absolute power? Ministers don't have
absolute power because they know they have to come to the Governor and say
"Please sign this. Please approve this.".
19. Government House is
"part and parcel" to the full function of the Governorship of New
South Wales.
20. The function of the
Governor denying absolute power to Ministers is essential to the maintenance of
our constitutional safeguards of the rights of the people.
21. Our constitutional system
of "checks and balances" operates through the four arms of
government, which are the Executive, the two houses of Parliament, and the
Courts. The Executive in New South
Wales is the Governor. The two houses of Parliament in New South Wales are the
Legislative Assembly and the Legislative Council. And our Courts, under our
system of English Common Law, are constituted by a Judge and a Jury. Each arm of government has the power to
disallow, repeal and nullify laws which are unjust, take away the rights of the
people, protect wrongs or exceed the power granted by the Constitution to the
Parliament to legislate for such laws.
22. The Premier's action to
remove the Governor from Government House, and turn it over to the Historic
Houses Trust to look after it as a museum, is a calculated and intended attack
on the viability, and the prestige of
the Governorship of New South Wales.
23. The Premier's intention is
to undermine the effectiveness of the constitutional role of the Governor and
his/her presence to deny absolute power to Ministers. This is an act of
Treachery.
24. On 19 December 2001, the
37th Governor of New South Wales, Professor Roslyn Marie Bashir, signed and
granted Royal Assent to legislation which takes away the people's inalienable
and inherited right to trial by jury.
It is the Courts Legislation Amendment (Civil Juries) Act 2001 No. 124.
25. I wrote to the Governor,
Professor Bashir, on 11 December 2001, asking that she not grant Royal Assent
to this Bill.
26. Her Official Secreatry,
Brian L. Davies, replied in a letter dated 14 December 2001, saying "I
understand that the Bill is still with the Parliament. If however, it passes
both House, it would be totally inappropriate for Her Excellency to refuse the
Royal ssent to something which has been accepted by the democratically elected
representatives of the people." which, in blindly surrendering her
authority, is an abrogation of the constitutional role of the Governor.
27. Professor Roslyn
Bashir, like the Hon. Gordon Samuels, were both the Premier's choice for
Governor and both have proved instrumental in the Premier's plans in denuding
the Queen and the people of their capacity as the first and fourth arms of
government and the transference of absolute power into the hands of the
politicians.
28. Civil juries are made up
of civilians
empanelled to try actions brought by other civilians for the redress and remedy
of civil
wrongs, such as alleged wrongs committed by banks, government agencies, the
Crown, other civilians, etc.
29. Civil juries are the
embodiment of the democratic process because "democracy"
literally means "the people rule".
30. Thomas Jefferson
once said, "I believe trial by jury is the only anchor yet imagined by man
which can hold a government to the principles of its constitution."
31. Quick and Garran, in their
book "The Annotated Constitution of
the Commonwealth of Australia", said "The trial of civil issues
by juries is such an ancient and established institution of English law, that
it may well be deemed not only incidental, but even necessary, to the due
administration of justice according to English ideas.".
32. The Courts Legislation
Amendment (Civil Juries) Act 2001, No, 124 takes away the right to trial by
jury and delivers absolute power into the hands of the judiciary.
33. Thomas Jefferson also
said, "The germ of destruction of our nation is in the power of the
judiciary, an irresponsible body - working 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.".
34. The Parliament does not
have the power to make laws which take away the rights of the people. Such power is not granted by the
Constitution and, therefore, "a law in excess of the authority conferred
by the Constitution is no law; it is wholly void and inoperative; it confers no
rights; it imposes no duties; it affords no protection." (page 346
of Quick and Garran's "Annotated Constitution of the Commonwealth of
Australia").
35. Under section 5 and 3,
respectively, of the New South Wales' Constitution Act 1902 No.32, the Governor
(as the Queen's Representative) "shall, subject to the provisions of
the Commonwealth of Australia Constitution Act, have power to make laws for the
peace, welfare and good government of New South Wales" "with
the advice and consent of the legislative Council and Legislative
Assembly."
36. Trial by jury is an
inalienable right and an integral part of Magna Carta 1297, Petition of Right
1640, Bill of Rights 1688, etc., which "Constitutional Enactments" listed
in the Second Schedule of the Imperial
Acts Appication Act 1969 No. 30 .
37. Our Courts are an
essential arm of government and trial by jury is an essential part of our
Courts which "in any action" can only be waived "by
consent of both parties" (section 3 Supreme Court Procedure Act
1900 No. 49) and even "the amendment or repeal of an Act or
statutory rule does not affect..any right, privilege, obligation or liability
acquired, accrued or incurred under the Act or statutory rule"
(section 30 Interpretation Act 1987 No. 15).
38. It is the primary and
paramount function of government to secure the rights of the people.
39. The Courts Legilsation Amendment (Civil Juries) Act 2001 No. 124 attempts
to take away the people's right to trial by jury and transfers power to Judges
to decide whether a jury is to be empannelled for civil actions, for example:
litigation against banks or actions of tort against the Crown which is
vicariously liable for Judges and other employees of the Crown.
40. The Premier was the chief
adviser to the Governor for the signing of the Courts Legilsation Amendment
(Civil Juries) Act 2001 No. 124 which is an act of Treachery because it
overthrows the essential Constitutional continuity of juries have "for
the peace, welfare and good government of New South Wales".
41. It is the Premier's
intention that Ministers have absolute power with no restraint from either the
Governor nor juries, which are their own respective arms of government.
42. The Premier's actions are
Treasonous and Treacherous.
43. Treachery is an
offence under section 24AA of the Crimes
Act 1914 which says "(1) A person shall not: (a) do any act or thing with intent:
(i) to overthrow the Constitution of
the Commonwealth by revolution or sabotage", and carries the
penalty of "Imprisonment for life".
44. "revolution"
means a "complete overthrow of an established government or political
system" (World Book Dictionary page 1788) and "overthrowing the monarchy"
( Concise Oxford Dictionary).
45. The Premier's acts have
the intent to depose the monarchy and the people from their roles in our system
of government which is "the government of the people, by the people
and for the people" (Abraham Lincoln).
TO THE DEFENDANT: The Honourable Robert John Carr, MP
Premier
of New South Wales,
Parliament
House,
Macquarie
Street,
Sydney,
NSW, 2000.
If there is no attendance before the Court by you or by your counsel or
solicitor at the time and place specified below, the proceedings may be heard
and you will be liable to suffer judgment or an order against you in your
absence.
Before any attendance at that time you must enter an appearance in the
registry at Queen's Square, Sydney.
Date: 18 February 2002
Place: Supreme Court of New South Wales,
Queen's Square, Sydney
Time: 10:00 am
Plaintiff: John Wilson of
331 North Rocks Road, North Rocks, NSW, 2151.
Plaintiff's Address for Service: 331
North Rocks Road, North Rocks, NSW, 2151.
Address of Registry: Supreme
Court of New South Wales,
Queen's Square, Sydney.
...........................................................
John
Wilson
Plaintiff
Filed: 14 January 2002.