Sunday, July 28, 2013

CHARTER OF THE COMMONWEALTH DOCUMENT
















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3 comments:

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  2. there is no legal guidance, as to the utility in this Dec 2012 agreement as it applies to common law, encountered (as processed) thru the Courts. TO begin with it is a voluntary association of states in Australia, each responsible for its own policies in cooperation with the COMMON interests of our peoples. 2012 is the year when the Heads of the Commonwealth Government adopted this Charter into being .. what being , to what power ? Just a Promise to the Integrity of the Rules in the Legislature , Executive and Judiciary of corresponding spheres in the Rule of Law by respective Separation of Powers in the promotion and protection of fundamental Human Rights and adherance to good governance. This is quoted from the Charter as signed .. one questions to whos "good" governance is aimed.

    As such it is without ANY power unless brought into specific focus with statute law , the Commonwealth (& Federal Laws) are designed to protect its 'officers' and utility to deliver a public tolerant version of justice, nothing more.

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  3. According to this Charter , signed by the Queen , in VI Separation of Powers this confers a legal liability to one of 3 jurisdictions : Executive , Legislature & Judiciary .. in the words "these are the guarantors, in their respective spheres (jurisdiction) in Rule of Law , the protection of fundamental human rights "

    If one looks at Legislature ( Parliament ) that is for each constituent member to represent from the electorate.
    second, the Judiciary is exempt by bestowal of sovereign power , the provision for Judicial Review is a recourse.
    leaving the Executive , at the helm of which is found the Attorney General , who may be petitioned under law , to intervene in a criminal case where a miscarriage of Justice is provable .. (from experience, the proof is to be annexured into the initial application , such as in my case evidence of an Appeal Judge saying on the bench to his Prosecutor " WE have no Evidence " after the same Judge had no idea (he asked which page of the transcript showed a prosecution witness giving evidence, under cross examination that the groin was covered) My appointed Barrister told me such application directly to the Attorney General is a remedy for a miscarriage of Justice .. HE also said it was most unfortunate the A.G. failed to act , apart from point to the Court of Criminal Appeal (CCA) which jurisdiction time limits for filing had lapsed. An effort to file Discovery in the Supreme Court met with confusion & complaint of vexatious litigation.. a complaint unjustified based on my preference to hold discovery prior to a Statement of Claim

    A failure in administration (Registry) is a failure in the Executive function. This failure is visible while the presiding Judge gave leave to Barrister assistance due to his understanding of the Court documents on file. The Registry chose to interfere with a Judges orders : to gain assistance thru a Barrister in formality requirements to order in lodging my complaints .. for vicarious liability from the State , due to negligence in filing evidence sent directly to the Court. What had occurred, is a malicious prosecution in absence of a trial, with disregard to burst intestinal cavity under medical supervision , disregard to Medical Certificates, operative & post operative status.
    This was not permitted, an Innocent event of sleeping in a vehicle resulted in a heinous conviction was permitted to remain on record as a precedent , a written objection NOT to be heard summarily, was ignored. These events caused a complete character assassination, from 2011 to prevent documented business activity that included acquisition (agreement in Contract form) of a 100 acre property in Byron Shire, to host my Reality Television show Upinball ..
    thus action is now a requisite from the A.G.

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