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

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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.