Without Prejudice The End Of The Rule Of Law
To good people everywhere, on the 31st October I appeared in the supreme court of nsw and I wish to share with you all exactly what transpired, I must further report that this was without doubt the most profound day of court that I have ever experienced, with what I believe are far reaching ramifications for us all. I will endeavour to give you all a brief summary in a kind of court and law made easy blog post, for the meek, the humble, and the poor. Of course that in itself is somewhat of a conundrum, as court and law are most certainly neither easy, nor for the meek, nor the humble, and especially not for the poor.
Let me explain……………….
I summoned the local court of nsw (as you don’t identify the magistrate in person on a summons, in this instance magistrate Bugden) to the supreme court of nsw using what are called orders in the nature of certiorari and mandamus, which are orders to have a matter heard in a superior jurisdiction then returned to be heard according to law. In English this means a request for a judicial review of a lower court decision. That is, you summons the decision of the local court to the supreme court using an order in the nature of certiorari, the supreme court then hears the matter and if successful, it is then sent back to the local court to have the matter heard according to law, an order in the nature of mandamus. The reason I did this with my private prosecution against a facs caseworker is because magistrate bugden dismissed my notice of motion (nom) that raised the argument that the crown solicitor could not be a solicitor for the facs caseworker. In a nutshell, with my nom I argued that although under section 44 of the legal profession uniform law applications act 2014, the crown has the right to defend a public officer, that could not be the case if it brings the administration of justice into disrepute in the eyes of the reasonable person properly informed. The legal profession uniform law australian solicitors conduct rules 2015 part 2, 3.1 make it quite clear that solicitors have a PARAMOUNT duty to the administration of justice and to the extent that there is a conflict with other laws this paramount duty prevails. So if the administration of justice is brought into disrepute then it would surely override all other acts or statutory instruments.
The offence under section 56 of the crimes act 1900 “to prevent a Minister from officiating in a Divine Place of Worship” is an indictable offence, that is it is an offence against the crown “r”, this means I ultimately do not run the prosecution in this matter, the director of public prosecutions (dpp) will. So if the crown also defends the public officer then the matter becomes the crown v the crown, r v r . When magistrate Bugden dismissed my nom he most regrettably failed to give me any reasons, that is, he didn’t explain why, he just said in my words, I reject your proposal Mr Burton and I’m going with the crown . Failure to give reasons is an error of law, there are significant high court authorities to support this, so I appealed his decision to the supreme court with orders in the nature of certiorari and mandamus.
Ok i hope you are all following so far, and lets not forget this is one small part of now five court matters I have running, some of which have been going for some 18 months, full-time no income, amidst two successful defamation cases against multinational media corporations in what I guess you could call an enormous legal shitstorm! Please forgive the language, and all around one event involving a helpless innocent much loved child shockingly and violently removed from his kind and loving family and witnessed by millions of people on social media.
After receiving the transcript of the local court in the supreme court and then two adjournments, so about four months, the crown solicitor finally agreed I was correct as there was a high court authority supporting my argument and consequently they seceded they would not contest my summons to the supreme court , that is, the crown solicitor wrote to me without prejudice and said that effectively I had won. We then discussed costs via email and he also agreed to the sum of $1123 to pay the filing fee for the summons and about $150 to cover everything else. Although I considered $150 pretty lame considering these guys get $1000’s, I decided it’s a win. Consequently I agreed and the matter would then go to a duty judge not a supreme court judge as I did not need to argue my case, they had seceded. So on the 31st October I was expecting the matter to go with my approval, to a duty judge then a brief discussion about costs, and that the matter would then be sent back to the magistrate in Newcastle to be heard according to law. So this time he would give me reasons as to why he dismissed my notice of motion and I could then decide whether to appeal his reasoning.
I hope you are all with me here so far …………
So both the crown solicitor and I went before the registrar on the 31st October, and I agreed to go to the duty judge so we changed courtrooms and appeared before judge Fagan. We waited for about an hour in that courtroom while another matter was heard, then up we went. Judge Fagan in the first thirty minutes or so appeared pretty cool, and not only did it appear that the matter was going to go back to the local court so the magistrate would have to give reasons, but it also appeared that he may even consider an order that the facs caseworker have a private solicitor not the crown, so we would all be happy and move forward i.e. he appeared to recognise the validity of my argument in the local court. I though to myself this is most excellent, let justice prevail.
Then after lunch when we reconvened he did something most unusual, he used what he called a judges discretion, or inherent power whereby he completely overrode a high court authority and dismissed my appeal. What the ? let me explain, so it now goes back to the local court but the magistrate does not have to give me any reasons for dismissing my argument, he and the crown then agreed that each party pay their own costs further encumbering me with the $1123 filing fee as the matter has concluded. So the local court magistrate does not have to give me any reasons whatsoever for dismissing my argument and as a consequence in my understanding, neither the local court or the supreme court will need to ever give me any reasons for any arguments ever again.
Following the closing of the matter the crown solicitor also made it quite clear that if I appealed there would be serious ramifications as law was no game, and that the figure this time could have been $20,000 to $30,000, but next time they would not be so kind, and that this was serious stuff. In my words “look out Mr Burton lay off now, you are going nowhere with this , suck it up or this could get real messy for you ! you can’t win anyway, give it up, game over, pack your bags and leave us real men alone ! and what ever you do don’t you dare appeal this matter or your screwed no matter what you do or say or no matter what arguments you raise.”
There were nine people present that witnessed the above proceedings and events so I can confirm with you all beyond any reasonable doubt that what I have shared is true and correct, to the best of my knowledge and ability.
Robin Varian, Sandy Riley, Meredith Louise Moonsoul Wilson, Laura Inglis, Barry John Futter, Stella Rae Lucas, Fred Freedom, Karen Burge and Belinda Doonar.
Consequently I have concluded that even if I present good solid arguments with intelligent reasoning at Law, the courts can do what ever they want and not even answer my arguments. I have also concluded that I cannot possibly win because judges have the inherent power, that is the judicial discretion to completely ignore any well founded argument without answering it, and can and do override any high court authority rendering null and void any concept that I believe even remotely approaches that of the rule of law. My only conclusion is that even if I appealed this matter, then how could I possibly ever win ? So recognising this I have realised and proven beyond any reasonable doubt that there is no Justice in the court system and the rule of law does not exist.
I am also now somewhat concerned for my welfare as I believe what was said to me could be conceived as a veiled threat pending my choices, and I further believe these people would stop at nothing to hide the truth of their shocking conduct from the Australian public. This way they can continue to rip children from good families and as I explained to judge Fagen, private prosecutions do not really exist as a judge has an inherent power and the judicial discretion to override any high or supreme court authority hence rendering any legal argument a complete and utter waste of time and effort. In my opinion we are most certainly not a democracy and I believe the court system is no longer any kind of solution nor does it have anything remotely to do with Truth or Justice.
So despite the fact that I cannot possibly win, do I appeal the matter and then lose and get bankrupted as there is no rule of law, or do I perhaps take my fight to the Court of Public Opinion. Also, since I am criminally charged with another matter in the supreme court and the equity suppression matter is also now in the supreme court of appeal, and the supreme court can and does override any argument without having to give reasons, how can I possibly win any of these matters? I cannot. So I am destined no matter what I do or how I argue my cases to eventually lose with possible dire ramifications, for doing nothing more than 4 million other people have done and are still doing on facebook. That is, speaking the Truth about the unlawful removal of a beautiful much loved helpless defenceless severely compromised child, and sharing his name and picture.
I have also sadly concluded that if you are in nsw and have your child or children removed from your care, you have absolutely no chance of ever getting them back through the justice system. That is, the state then owns your children and they steal them for profit and other nefarious reasons and if you are unfortunate enough to have this happen to you, like most indigenous australians, you will never ever get any justice in a legal system as the rule of law is completely non existent. I have now investigated over 100 cases and I have found only one success story, a man who knew his common law rights and was prepared to fight to the death for his grandchild. I believe the reason he was successful is because he meant every single word he said and was prepared to act on it.
This private prosecution now returns on 9th of November to the Newcastle local court, whereby the crown solicitor will again ask the presiding magistrate to send the matter to the director of public prosecutions and simply shut the matter down, like he did with my first private prosecution. Remember this is not the first time, so I will never ever even get a hearing. That is, despite magistrate Stone seeing a shocking video of the child’s removal about seventeen months ago, that I provided in my comprehensive brief of evidence showing the truth of the entire event, and agreeing all the elements were present, and the matter deserved to be heard. It will in my opinion get shut down even though I haven’t even asked for the matter to be determined in my favour, I have only ever asked for the simple right to have the matter heard. Let us also not forget that not one public officer identified themselves when they removed the child and as the first private prosecution was dismissed with the dpp claiming that the facs caseworker was not present , how do we know any of them are using their real names and that their identities are correct, or even if the dpp is actually telling the truth.
I believe now is the time to enlist the help of all of you, lets call it the Court of Public Opinion. I am considering all of my options, but I will need your help to decide what is the best thing to do. I will be considering appealing the supreme court matter, I will also be considering releasing everything to the public, this may breach my suppression orders as they are currently using the court of Equity to suppress Truth. I will also be discussing the use of violence when one becomes the monster one wishes to overthrow, and fasting so as not to do violence to those that steal our children and use the courts to support them. I will also consider anything else that any of you would like to contribute to assist me with this most significant decision.
What I do know and I am very very clear about, is that I cannot and will not allow this sick evil demonic government department called facs to continue to steal our children with no right or justification, and I cannot possibly live with the knowing that those stolen children are being abused and in some cases shockingly abused and murdered, and that all of this is condoned by what I now truly believe is a judicial system that operates with no rule of law.
I believe from my own personal real life living experiences, that any person who has lost a child or children to this system has absolutely no hope of ever getting their children back through this court system, it is literally impossible. This is why good parents are now having to steal their own children back and fleeing and hiding with them. You all have to make your own choice as to what you are going to do, but I am inches away from making mine and I have had enough, who in my position would not feel the same.
I hope you will help me with your ideas and input and I hope some of you support me on the 9th of November in Newcastle Local Court and all the subsequent dates with my other legal matters.
All You Need Is Love xxx Pastor Paul
The following are redacted copies of the relevant documents for the above blog post. Interestingly I may breach my suppression orders if I release the names of the facs caseworkers that are freely available within court judgements and currently on the online registry.