Sunday, April 28, 2013

ACILIAN LAW ON THE RIGHT TO RECOVERY OF PROPERTY OFFICIALLY EXTORTED, 122 B.C.

1) MANIUS ACILIUS
... plebeian tribunes duly proposed to the plebs, and the plebs duly resolved on the day before ... tribe ... was the first to vote, and ... cast the first vote for the tribe...
2) IF FROM ANYONE of the allies either of the Latin name or of foreign nations, or from anyone of those dependent on the discretion, dictation, power, or friendship of the Roman people
... in any single year property amounting to more than ... sesterces in value has been taken, seized, exacted, procured, or appropriated from such person himself or his king or his people or his father, or from anyone who is or has been in his or his father's family or in bondage to them, or of whom he or his father or his son is heir, by a person in the exercise of his command or power who was dictator, consul, praetor, master of the horse, censor, aedile, plebeian tribune, quaestor, triumvir capitalis, triumvir for granting and assigning lands, military tribune in any of the first four legions, or who is the son of one of these, or who is himself a senator or whose father is one: with regard to this matter the wronged person shall have the right to bring suit and to report the name of the offender. The praetor shall have jurisdiction over the proceedings, and the trial, judgment, and assessment of damages shall be by the terms of this law in the competence of those persons who constitute the trial court according to this law ... If anyone asserts that the praetor has not accepted the name of a defendant so reported in accordance with this law, and that a trial has not been granted in accordance with this law so that he might sue: with regard to this matter the plaintiff shall have the right to bring suit and to report the name of the offender and the praetor shall have jurisdiction over the proceedings. The trial, judgment, and assessment of damages shall be by the terms of this law in the competence of those persons who constitute the trial court according to this law. In regard to a person who is judged in accordance with this law and is accused of having acted contrary to this law, after his case is adjudged, or who is accused collusively, or whose name is removed from the list of defendants in accordance with this law: if anyone reports his name before the praetor a second time, ... the praetor shall have jurisdiction over the proceedings; and the trial, judgment, and assessment of damages shall be by the terms of this law in the competence of those persons who constitute a trial court according to this law. If anyone wishes to bring suit or to report an offender in another's name in accordance with this law, with regard to this matter he shall have the right to bring suit and to report the name of the offender; the praetor shall have jurisdiction over the proceedings; and the trial, judgment, and assessment of damages shall be by the terms of this law in the competence of those persons who constitute a trial court according to this law. The plaintiff shall summon the defendant to court before the praetor, who shall be in charge of such proceedings for that year, before September I in that year, and he shall report the name of the offender ... and concerning that man ... the case shall be conducted as is written below. If the name of any offender is reported after September I, if the plaintiff wishes, the praetor shall grant recuperators for this case. Whosoever is named an offender in accordance with this law after September I of that year, and is condemned by the said court, shall pay to the person who procured his condemnation whatever sum of money was assessed for the damages in that case ... and the money shall become the property of the plaintiff. The praetor, who has jurisdiction over the proceedings in accordance with this law, shall provide that whatever thus ... is adjudged shall be paid to the plaintiff as it would be paid in a private suit.
3) THOSE PERSONS WHO Are Not To Be Tried While They Hold a Magistracy or the Imperium. 
A dictator, consul, praetor, master of the horse, censor, aedile, plebeian tribune, quaestor, triumvir capitalis, triumvir for granting and assigning lands, or military tribune in any of the first four legions shall not be summoned to court as long as he holds a magistracy or the imperium ... It is not the intent of this law that anyone of those who retires from such magistracy or command shall not be summoned to court.
4) THE GRANT OF PATRONS. 
Whoever seeks restitution in accordance with this law and reports the name of the offender and whose claim in accordance with this law is filed before September I, if he wishes patrons to be assigned to himself for this case, the praetor, in whose court he reports the name of the offender, shall grant to the said plaintiff ... freeborn Roman citizens as patrons, provided that he grants with malice aforethought no person to whom the defendant ... is son-in-law, father-in-law, stepfather or stepson, or is a cousin-german, or is closer to him than this kinship, or who is a member of the same club or guild, or who is a client of the defendant or whose ancestors were the clients of the ancestors of the defendant, or who is a patron of the defendant or whose ancestors were the patrons of the ancestors of the defendant.., or who has been condemned by the judicial process and a public trial whereby he cannot be enrolled in the Senate ... nor shall the praetor choose as patron a person who is a judex for the case in accordance with this law, nor anyone who has been granted as a patron in accordance with this law.
5) THE REJECTION OF PATRONS. 
If the person granted as patron in accordance with this law is suspect because of his character, the person to whom he is granted in accordance with this law shall reject him ... Then the praetor who has jurisdiction over the proceedings in accordance with this law, shall grant to the plaintiff, who asks for one, another patron from the list of those persons eligible be patrons in accordance with this law ... accordance with this law.
6) THE SELECTION of the 450 Men for This Year. 
The peregrine praetor within the next ten days after this law is passed by the people or plebs shall provide for the selection of 450 persons in this State who have or have had a knight's census ... provided that he does not select a person who is or has been plebeian tribune, quaestor, triumvir capitalis, military tribune in any of the first four legions, or triumvir for granting and assigning lands, or who is or has been in the Senate, or who has fought or shall fight as a gladiator for hire ... or who has been condemned by the judicial process and a public trial whereby he cannot be enrolled in the Senate, or who is less than thirty or more than sixty years of age, or who does not have his residence in the city of Rome or within one mile of it, or who is the father, brother, or son of any above-described magistrate, or who is the father, brother, or son of a person who is or has been a member of the Senate, or who is overseas.
7) THE NAME, FATHER, TRIBE, AND COGNOMEN of the Persons Selected To Be Indicated. 
The person who selects the 450 judices for this year in accordance with this law ... on the ... day after he has selected them shall attend to the registration, on a tablet of white with black letters, of the names of all those persons who have been selected members of the panel of 450 for this year, in accordance with this law, and the names of their fathers and of their tribes and their cognomens, and he shall have them arranged in a list according to tribes, and he shall keep these lists posted during his magistracy. If anyone wishes to copy these, the praetor shall give permission and shall afford to whoever wishes it the opportunity of so writing. The praetor, who selects them, shall provide that the names of the 450 persons selected in accordance with this law shall be read in a public meeting and shall take oath that he has selected men in accordance with this law who, after due consideration, … he believes will be the best and most capable judices; and the said praetor shall preserve in the public archives as a permanent record the names of all 450 persons whom he selects in accordance with this law.
8) THE ANNUAL SELECTION OF THE 450 MEN. 
The praetor, who after the passage of this law has jurisdiction over the proceedings in accordance with this law, ... within the next ten days after entering upon this magistracy shall provide for the selection of the 450 persons as specified, persons who have or have had a knight's census in this state ... provided that he selects no one who is or has been plebeian tribune, quaestor, triumvir capitalis, military tribune in any of the first four legions, or triumvir for granting and assigning lands, or who is or has been a member of the Senate, or who has fought or shall fight as a gladiator for hire or who has been condemned by the judicial process or by a public trial whereby he cannot be enrolled in the Senate, or who is less than thirty or more than sixty years of age, or who does not have his residence in the city of Rome or within one mile of it, or who is the father, brother, or son of a person who is or has been a member of the Senate, or who is overseas.
9) THE NAME, FATHER, TRIBE, AND COGNOMEN of the Persons Selected To Be Indicated. 
The person who has jurisdiction over proceedings for that year in accordance with this law on the ... day after he has selected them shall attend to the registration, on a tablet of white with black letters, of the names of all those who have been selected as members of the panel of 450 for this year in accordance with this law and the names of their fathers and of their tribes and their cognomens, and he shall have them arranged in a list according to tribes, and he shall keep these lists posted during his magistracy ... If anyone wishes to copy these, the praetor shall give permission and shall afford to whoever wishes it the opportunity of so writing. The praetor, who selects them, shall provide that the names of the 450 persons selected in accordance with this law shall be read in a public meeting and shall take oath that he has selected men in accordance with this law who, after due consideration, he believes will be the best and most capable judices; and the said praetor shall preserve in the public archives as a permanent record the names of all 450 persons whom he selects in accordance with this law.
10) THE DENUNCIATION OF THE NAME of the Defendant and the Selection of the Judices. Whoever in accordance ith this law claims money from his adversary . subsequent to the selection of a panel of 450 judices for said year in accordance with this law, shall summon the defendant to court before the praetor, who is created for said year in accordance with this law, and shall denounce him; and if he has taken solemn oath that he does not sue from malice, the said praetor shall accept the denunciation and shall provide that … within … days from that on which the denunciation is made, the defendant shall announce to his adversary the names of all the 450 judices who are selected in accordance with this law for the said year . to whom the defendant is related or who are related to the defendant as son-in-law, father-in-law, step-father, or stepson, or who is a cousin-german to him, or is closer to him than this kinship, or who is a member of the same club or guild; and the praetor shall provide that the person who makes such announcement shall swear in the presence of his adversary that he has not left with malice aforethought among the 450 judices seleded for the said year in accordance with this law any person except such as are not related to him by any of the forms of kinship stated above. Thus the defendant shall announce the names and shall take oath. When he thus announces the names, then the praetor, who has jurisdiction over the proceedings in accordance with this law, shall provide that the person who reports the name of any offender for judicial action in this manner, on the twentieth day from the day on he makes the summons, shall select and publish the names of 100 persons from those who are selected as the 450 judices for the said year in accordance with this law and who are still alive, provided that no one may be a judex to whom the plaintiff is related or who is related to the plaintiff as son-in-law, father-in-law, stepfather, or stepson, or who is a cousin-german to him, or who is closer to him thank this kinship, ... or who is a member of the same guild or club, or who is or has been plebeian tribune, quaestor, triumvir capitalis, triumvir for granting and assigning lands, or military tribune in any of the first four legions, or who is or has been in the Senate, or who is or has been made by the Rubrian Law a triumvir for founding a colony ... who shall be more than ... miles from the city of Rome, or who shall be overseas; and he shall not select or publish more than one person from a family nor a person who has been or is condemned for accepting money, either because he has been sued in an action of solemn deposit under the Calpurnian or Junian Laws, or because he has been summoned in accordance with this law. In regard to the 100 persons whose names he publishes in accordance with this law, the praetor shall provide in like manner that the plaintiff take oath publicly, in his court, in the presence of his adversary, that he with malice aforethought has published the name of no person which it is unlawful to publish for the 100 judices for any of the reasons stated above ... or who is related to him by any of the forms of kinship that have been stated above. The defendant, whereby the less ... If the plaintiff publishes the names of the 100 judices in such manner and takes oath, then the praetor shall provide that the defendant, on the sixtieth day after his name is reported, shall publish the names of fifty judices whom he wishes from that 100 persons whose names the plaintiff publishes in accordance with this law ... If the person reported as an offender in accordance with this law does not select and publish the names of fifty judices in accordance with this law, or if he does not publish in accordance with this law the names of those from the panel of 450, who are selected for the said year in accordance with this law, who are related to him by either the male or the female line or are in the same club or guild,and he is not hindered by that praetor or by his adversary from selecting and publishing the names of the fifty judices whom he wishes from the list of 100 which he publishes in accordance with this law ... provided that he selects with malice aforethought no judex whom it is unlawful to select according to this law. The persons who are thus selected shall be the judices for this case and they shall make judgment of this case in accordance with this law and shall assess the damages.
11) THE NAMES OF THE JUDICES and the Patrons To Be Written and To Be Preserved in the Records. 
The praetor, who has jurisdiction over the proceedings in accordance with this law, shall provide that the names of the said fifty judices whom the plaintiff and the defendant select and publish in accordance with this law and the names of the said partrons who are granted to the plaintiff in accordance with this law. shall be entered in the public archives. The said praetor shall furnish an opportunity to the plaintiff and to the defendant, whichever of these wishes, to copy the said names from the public records...
12) THE SAME JUDICES To Serve Throughout a Single Case. 
Those who are chosen judices in accordance with this law shall be judices throughout for that case for which they are chosen as judices ... that person who receives money in accordance with this law, because of the receipt of money in accordance with this law, the censor shall not ... nor remove him from his tribe, nor strike him from the roll of knights, nor shall he suffer any loss for this reason.
13) ... To BE WRITTEN. 
The praetor who in accordance with this law...
14) THE TRIAL OF A PERSON WHO DIES or Goes into Exile. 
If a person who is named as an offender in accordance with this law dies . or goes into exile before this case is judged, the praetor, in whose court he is named, nevertheless shall undertake judicial proceedings in the said case with the aid of those persons who shall constitute a court in accordance with this law, just as if the person who is summoned in accordance with this law were alive or in the State...
15) THE SEARCH FOR EVIDENCE. 
The praetor shall provide that the court shall be convened on the first possible day to try the defendant, who is summoned in accordance with this law, and he shall grant to the plaintiff to the best of his ability as many days as he deems necessary for conducting a search for evidence, provided that nothing is done contrary to this law; nor after the passing of this law . and he shall order evidence to be sought in the land of Italy in towns, markets, and meeting places where magistrates are wont to preside in court, or outside Italy in towns, markets, and meeting places where magistrates are wont to preside in court. During those days on which the praetor having jurisdiction over the proceedings in accordance with this law empowers the plaintiff to collect evidence...
16) NOTICE TO BE GIVEN TO WITNESSES.
After the praetor and his court hear what they believe pertains to the investigation of the case and approve the case, the praetor shall order those persons summoned as witnesses by the plaintiff up to the number of forty-eight to give their testimony; and, when a specific matter is under consideration for which a specific witness is present, he shall provide that all witnesses concerned shall be present for the specific matter and shall deliver their testimony, provided that he orders no one to give testimony who ... or who, or whose ancestors are or have been clients of the defendant or of his ancestors, or who, or whose ancestors are or have been patrons of the defendant or of his ancestors, or anyone who shall plead the case of the defendant, provided that he has but one such representative, or anyone who is a freedman or a freedwoman of the defendant or of his parent.
17) THE IMPOSITION OF FINES.
18) THE CUSTODY OF WITNESSES and of Records.
If the plaintiff summons or brings with him witnesses up to the number of forty-eight to give evidence concerning those matters for which the court is convened ... this, for which he thus gathers evidence, and if he wishes to produce or to bring forward any records, books or letters, public or private, ... or he wishes concerning this matter before the praetor, the said praetor shall not hinder him whereby he shall not...
19) THE PRAETOR TO MAKE an Interrogation. 
The praetor who has jurisdiction over the proceedings in accordance with this law...
20) THE JUDICES TO TAKE OATH before the Court Convenes. 
Before the first pleading the praetor having jurisdiction over the proceedings in accordance with this law shall provide that the judices for the said case ... shall take oath before him. The judices for the said case all shall take oath on the front of the Rostra facing toward the Forum ... and that he will conduct himself to the best of his ability so as to hear the words of the witnesses for the said case . . and that he will do nothing whereby he shall not render his decision in the said case, unless there is some reason which in accordance with this law excuses him from rendering a decision in the said case. The said praetor shall provide that the names of those who take oath in this manner before him shall be read in a public meeting and he shall provide that they shall be published and posted publicly in the Forum ... and he shall not permit anyone of the fifty judices chosen from the panel of 100 to take part in the said case, unless he has taken oath in this manner.
21) NO JUDEX TO ARGUE. 
... if ... he pleads in his own behalf that there is a reason whereby he cannot be at the said trial, it shall be lawful … for the praetor who has jurisdiction over the proceedings in accordance with this law to make a decision concerning this matter.
22) POSTPONEMENTS OF THE TRIAL. 
In regard to what the praetor does in accordance with this law, if he postpones the said case, to whom . . . if he is able to postpone the day of the trial, he shall provide that the person whose name is mentioned as of importance in this matter ... that he shall come into his court or shall be brought thither in the presence of that person who makes the claim ... he wishes, whose name as an offender is reported in accordance with this law, he shall have the right to bring suit in this matter ... and trial and assessment of damages in this matter shall be in accordance with this law, just as if of the ... If the judex with jurisdidion over the proceedings in the said matter does not approve the excuse in accordance with this law ... the said praetor in the presence of the judices publicly assembled on the front of the Rostra shall pronounce his verdict thus: "It appears that he is guilty" ... If there must be a trial on this matter he shall provide that the trial shall be held on the third day ... If the judex with jurisdiction over the proceedings in the said matter does not approve the excuse in accordance with this law, the praetor having jurisdiction over the proceedings in accordance with this law...
23) THE JUDICES TO TAKE OATH beforeThey Retire for Deliberation.
The praetor having jurisdiction over the proceedings in accordance with this law shall provide that the judices. who are selected for the said case in accordance with this law, shall take oath before they retire for deliberation: that he ... will not do anything fraudulently whereby anyone will be informed of his opinion or that of any other judex ...
24) THE JUDICES To BE LIABLE for the Maximum Fine.
... if the judex with jurisdiction over the proceedings in this matter does not approve the excuse, that one of the judices who ... by the excuse, to be submitted on the first day, and the said investigator ...
25) How THE JUDICES Shall Retire for Deliberation. 
The praetor who presides over the court in accordance with this law ... if the judex selected for this purpose reports that more than one third of the judices present when the case is tried have said that the case is not proved under consideration, the praetor having jurisdiction over the proceedings in accordance with this law shall announce this publicly and shall grant another date for trying this case anew ... and shall order all the judices present on that day to give their verdict ... if it is reported to that praetor that more than one third of the judices refuse to give a verdict, he shall pronounce a fine of 10,000 sesterces against each judex who refuses to give a verdict ... for each occasion exceeding twice in a single case that they refuse to give their verdict. Then he publicly shall record the reason for and the amount of the fine which he levies ...
26) HOW TO GIVE THE VERDICT ON DEFENDANTS.
When two thirds of the judices present report that the case is proved ... the praetor having jurisdiction over the proceedings in this case shall provide that those judices who refuse to give a verdict shall be removed ... shall conduct the proceedings. Then the praetor shall provide that his summoners and apparitors shall prevent any judex from leaving the court ... and shall provide that an urn ... digits broad and twenty digits high shall be provided, wherein the judices may cast their ballots ... and the said praetor shall place openly in the hand of each juror one ballot of boxwood four digits long and ... digits wide, waxed on each side ... of which ballot on one side the letter A has been written and on the other side the letter C, and he shall order this judex to erase one letter or the other as he wishes ...The judex shall make such erasure and he shall carry the ballot to the urn in full view in accordance with this law and with his arm bared, but with the letter covered by his fingers, and he shall display this ballot to the people ... and also to the other judices in turn and shall cast it into the said urn ...
27) HOW TO DECLARE THE VOTES.
That judex selected by lot for declaring the votes shall come to the urn and he shall reach his hand into the urn, displaying it to the people as it is brought forth from the urn ... the court ... and he shall declare clearly what 'verdict this ballot has for the aforesaid accused. When the letter A is written, he shall say, "I acquit"; when the letter C is written, "I condemn" and when nothing is written, "No vote." When he declares the vote on each ballot, ... he shall place the ballot in the hand of the next judex.
28) THE COUNTING OF THE VOTES...
29) THE ACQUITTAL OF THE DEFENDANT.
If the majority of the votes therein is not for condemnation, the praetor having jurisdiction over the proceedings I accordance with this law shall declare that the said defendant does not appear to be guilty. That defendant whom the praetor declares "Not guilty" in such manner shall be acquitted of this charge in accordance with this law, except as regards any later act or any act of collusion.
30) THE CONDEMNATION OF THE DEFENDANT. 
If the majority of the votes therein is for condemnation, the praetor having jurisdiction over the proceedings in accordance with this law shall declare that the said defendant appears to be guilty...
31) THE SAME CASE NOT TO BE TRIED TWICE. 
There shall be no second action under this law against a person who is condemned or is acquitted in accordance with this law, except as regards some later act or some act of collusion or as regards the assessment of damages or of penalties specified in this law ...
32) FURNISHING SURETIES or Seizure of Property. 
The judex having jurisdiction over the proceedings in the said matter shall provide that the person condemned in accordance with this law shall give sureties to the quaestor according to the vote of the majority of his advisory council for the amount specified by them; if sureties are not given in this manner, he shall provide that the condemned man's goods shall be publicly seized, collected, and sold. The judex having jurisdiction over the proceedings in the said matter shall collect from the buyer as much money as these goods bring ... and shall deliver this money to the quaestor with a record of the amount; the quaestor shall receive it and shall have it recorded in the public archives.
33) THE ASSESSMENT OF DAMAGES. 
The praetor having jurisdiction over the proceedings in this case shall order the judices who constitute the court for the said case to make an assessment in respect to that which each plaintiff in accordance with this law shall claim from the person condemned in accordance with this law ... As regards everything which is proved in court to have been seized. exacted, taken, appropriated, or procured before the passage of this law the assessment shall be simple; as regards all those other things which are proved in court to have been seized, exacted, taken, appropriated, or procured after the passage of this law the assessment shall be double; and the praetor shall provide that the amount of the assessment in the name of each person for whom these damages are assessed shall be delivered to the quaestor.
34) THE PAYMENT OF MONEY from the Treasury. 
When a person satisfies ... the judex having jurisdiction over the proceedings in the said case and the majority of the panel of judices that the assessment of damages should be in his own name or his father's or in the name of a person to whom he or his father is legal heir; or when a person satisfies the said judex and the majority of the panel of judices that the assessment of damages should be in the name of his king or people or some fellow citizen: the said judex shall provide that such sum of money ... If sureties are given for this matter or if an amount of money equivalent to that which is assessed in accordance with this law is deposited in the treasury on account of the said matter for which under the said name assessment is made, it shall be paid in accordance with this law within the next three days after satisfaction is given in the said manner. No judex or quaestor shall do with malice aforethought anything whereby such satisfaction shall not be given and payment shall not be made in the said manner ...
35) THE IMPOSITION of an Apportionment. 
If the judex having jurisdiction over the proceedings in the said matter is not able to collect for the quaestor in accordance with this law all the money that is assessed, then within the next ten days after such collection as has been possible is made the judex having jurisdiction over the proceedings in the said matter or the judex appointed by this law shall order an apportionment ... and shall publish a day on which the person for whom damages are assessed in this manner, while acting for himself or his father or for a person to whom he or his father is legal heir, or on which the envoys of a king or of a people for whom damages are assessed shall appear, provided that the time so published is no later than 100 days.
36) THE OBSERVANCE of an Apportionment. 
When the day arrives on which the aforesaid persons are ordered to be present, the judex who imposes the said apportionment shall assign proportionately to the amount assessed in each case whatever money is realized from the goods of the person condemned in accordance with this law ... and whoever satisfies the said judex and a majority of the panel of judices that the said damages assessed belong to him, the said judex shall order the quaestor to make payment to him on the first day possible and the quaestor shall make this payment without prejudice to himself.
37) THE RESIDUE TO REMAIN in the Treasury. 
 Whatever is apportioned to the accounts of persons not appearing the quaestor shall keep in the treasury...
38) THE PUBLICATION of an Apportionment. 
That praetor who gives public notice of an apportionment in accordance with this law shall provide to the best of his ability that he have published and posted, in the manner that he should give public notice, all the aforesaid matters until payment is made, every day for the greater part of each day in the Forum, where they can be read clearly from the ground level ...The praetor who makes the said apportionment shall publish it in the Forum, where it can be read clearly from the ground level for the next ... days from that on which the apportionment is made.
39) AFTER FIVE YEARS Such Money To Become the Property of the People. 
Whatever money is deposited in the treasury in accordance with this law and the quaestor does not pay out in accordance with this law within five years from that day on which apportionment is made shall become the property of the people.
40) THE EXACTION OF MONEY FROM SURETIES. 
The quaestor assigned the treasury as his province, to whom sureties are given in accordance with this law, or whatever quaestor has the same province in the future, shall provide to the best of his ability that whatever money the said condemned person does not pay shall be exacted from the said sureties at the earliest date possible.
41) THE MONEY TO BE SEALED IN BASKETS. 
Whatsoever money is collected for the quaestor in accordance with this law, the said quaestor shall provide that it shall be placed in baskets and that the baskets shall be sealed with his own signet ... and that there shall be written on basket the name of the praetor who assesses the damages and the source of the money collected and how much is in the said basket. Each quaestor shall provide to the best of his ability that within the next five days after the assignment of the treasury as his province to him the baskets shad be unsealed; and that if the amount of money written on the said basket is found therein they shall be sealed anew...
42) THE QUAESTOR TO MAKE PAYMENT. 
The quaestor assigned the treasury as his province, without prejudice to himself as an extraordinary act, shall give and shall pay the money to whom, in accordance with this law, the praetor having jurisdiction over the proceedings in accordance with this law orders it to be given or paid, provided that this is done without any peculation.
43) THE QUAESTOR SHALL Not Cause Any Delay. 
The quaestor ...
44) NO ONE TO HINDER A TRIAL. 
In regard to a trial which should be held properly in accordance with law: when it should be held properly in accordance with this law, no magistrate or promagistrate or person by virtue of any imperium or authority shall act in such that a trial cannot be held or a verdict given; nor shall anyone call from or cause to be called from this trial the person presiding over the trial in accordance with this law, nor a judex in accordance with this law, nor a plaintiff in accordance with this law, nor a defendant ... nor shall he abduct said person nor cause him to be abducted, nor shall he act in a manner whereby anyone of the said persons shall be unable to be present at the said trial or to hear the words at the said trial or to retire for deliberation or to give a verdict; nor shall he order anyone to dismiss the court, except when the Senate is convened lawfully ... or unless Centuriate or Tribal Assembly is called within the city for any reason other than the passage of omnibus legislation.
45) IF A JUDEX CEASES TO FUNCTION, His Successor To Act in His Place; in Like Manner in Case of the Quaestor. 
If the said praetor having jurisdiction over the proceedings in accordance with this law or if the said quaestor assigned the treasury or the city as his province leaves or resigns from the said magistracy, judicial office or imperium, or dies in office before all the said matters are adjudged, performed, or completed which it is proper, for the said praetor or the said quaestor in accordance this law to perform, to complete, or to order adjudged: whoever shall succeed as praetor and shall have jurisdiction over the proceedings in accordance with this law or whoever as quaestor shall have the treasury or the city ... as his province shall provide to the best of his ability that everything which is not done in accordance with this law shall be done and that those things which properly should be done in accordance with this law shall be accomplished, as if this matter had been had been transacted before him; and in regard to this matter the law shall apply to the said praetor and to the said quaestor on all matters not performed in accordance with this law, exactly as if this matter had been transacted before either of them ...
46) THE JUDGMENT OF CASES in Accordance with the Calpurnian or the Junian Laws. 
As regards persons who have been or shall be tried under the law passed by the plebeian tribune Lucius Calpurnius, son of Lucius, or under the law passed by the plebeian tribune Marcus Junius, son of Decimus, and who have been or shall be acquitted or condemned in the said trial: it is not the intent of this law that anyone of the said persons shall be named as an offender on the same matter in accordance with this law or that the said person shall be tried on the said matter in accordance with this law. And if anyone is said to have acted contrary to this law ... unless the law is passed before the said act is committed, there shall be no action under this law with the said persons.
47) CASES OF ACCUSATION BY COLLUSION. If the praetor having jurisdiction over the proceedings in accordance with this law and if the majority of the judices, who are alive and who are present for judging the said case in accordance with this law, are satisfied that the person who makes the accusation in accordance with this law did so by collusion ...
48) THE GRANT OF CITIZENSHIP. 
If anyone of the aforesaid persons who is not a Roman citizen reports the name of another person as an offender in accordance with this law ... before the praetor having jurisdiction over the proceedings in accordance with this law and if the said person is condemned by the said court by the terms of this law, then the person who reports his name and by whose efforts the condemnation was primarily effected ... shall be made a Roman citizen, if he wishes, himself and his children, who are born to him when he becomes a Roman citizen in accordance with this law, and the grandsons then born to said son shall be full Roman citizens; and they shall vote in that tribe in which the person accused in accordance with this law voted, and they shall be registered by the censor in that tribe, and they shall be exempt from military service, and all the money and pay earned by them they shall receive. It is not the intent of this law ... to prevent any magistrate or promagistrate ...
49) THE GRANT OF THE RIGHT OF APPEAL and Immunity.
If any person belonging to the Latin name who has not been a dictator, praetor, or aedile in his own State, reports the name of another person as an offender in accordance with this law before the praetor having jurisdiction over the proceedings in accordance with this law and if the said person is condemned in the said court by the terms of this law, then if the person who reports the name and by whose efforts the condemnation was primarily effected does not wish to become a Roman citizen in accordance with this law he shall have the right of appeal to the Roman people thereafter, lust as if he were a Roman citizen. Likewise, he and his sons and his grandsons through the male line shall be exempt and immune from military service and from public duties in his own State.
... is sued, he shall have an option in this matter whether he desires, either within his own State ... he shall be permitted to have ... If any Roman citizen reports the name of another person as an offender in accordance with this law ... whoever has or ought to have the right of appeal in accordance with this law ... the peregrine praetor ...
http://avalon.law.yale.edu/ancient/acilian_law.asp

HOONS' CARS GO UNDER THE HAMMER

JANE ARMITSTEAD  | 
SELL-OFF: Cars being sold under anti-hooning legislation
TWENTY-four cars impounded by police under anti-hooning laws were auctioned off yesterday as part of a police crackdown on Townsville hoons.
The public auction attracted about 50 bidders interested in picking up a bargain with vehicles going for anything between $75 and $1900.
Townsville Inspector Ian Haughton said vehicles up for auction had either been ordered by a magistrate to become property of the state, had not been collected or had voluntarily been handed over to the state.
"It is one strategy we have in place directed to improve road safety and reduce the road toll," he said.
"By targeting the repeat offenders it demonstrates our commitment to effectively deal with people who continually disobey the law."
While most vehicles remained unroadworthy most were picked up for parts or for personal projects to be done up.
Inspector Haughton said the vehicles had been seized from repeat offenders who were driving an unregistered or uninsured car or driving unlicensed or while disqualified.
"There were some that would be able to be registered and driven and there were some that might take a bit more work," he said.
Bidder Peter O'Connor picked up the most expensive vehicle of the day, a white Pajero for $1900, at his fourth hoon auction.
"I have about 90 guitars so I want a car that can transport my instruments around," he said.
"I have always been interested in hoon auctions and been to plenty but I have never bought one."
Charmaine Koroi and her family bought two cars for around $250 with the aim it would become a first car for her 17-year-old nephew.
"It is a good idea and a great way to pick up a cheap car," she said.
"There should be more of them."
The auctions were introduced to stamp out dangerous driving, drag racing, speed trials and burn-outs as part of the anti-hooning legislation brought in by the State Government in 2008.
The public are urged to call 13HOON (or 134 666) to report any hooning activity to police.
http://www.townsvillebulletin.com.au/article/2013/02/14/375415_news.html

Saturday, April 27, 2013

SPACE EVADERS - TRAM INSPECTORS CAN'T CHASE, CORRAL TARGETS


Nadia Salemme MX Friday 26 April 2013
TICKET inspectors have been banned from chasing and surrounding fare evaders, according to a secret memo from Yarra Trams. There are other private public transport companies raping the community besides Yarra Trams so be careful out there guys. LEST WE FORGET that the ticket inspectors, pretend police and police have the capacity for violence against innocent people.
The leaked document stated authorised officers “must not block the path of, or attempt to physically detain a person who attempts to walk/run away” in a move that could help fare evaders.
The internal memo, leaked to radio 3AW tody, said inspectors weren't allowed to “surround or corral” a passenger, or pursue them if the passenger physically attacked an inspector.
The policy, which came into effect last month, said an arrest should only be made “as an absolute last resort”.
The memo said it was introduced because inspectors had been “injured as a result of unruly passengers during physical detention”. There were 10 assaults on inspectors between January and March, a “slight rise” on the same period last year.
A Yarra Trams spokesman confirmed the details of the memo today.
One regular tram user said: “I would just run. If it was outside of my usual commute to work, I probably would.”
Public Transport Users Association president Tony Morton said the policy was “positive” and would “call off their rather aggressive arresting tactics”.
“We don't condone fare evasion but we don't like to see a system that turns the interaction between staff andpassengers into a confrontation,” he said.
“In the past you had scenes where half a dozen ticket inspectors basically get quite physically aggressive with people over an unpaid fine.”

THE ONE PEOPLE: OATH AND BOND DOCUMENTS

Our hearts are full with the many One People anxious to express their commitment to peace and freedom by signing an Oath and Bond. On this page you can review the offered documents and their purpose, however, please be patient with the submission process. We are establishing an interactive system to receive and catalogue your signed documents and hope to have that complete in a matter of days.
This is part of a skype room response to conversation about these documents:  “Yes, Sean you are right the Oath and Bond has two different “audiences” if you will.
Servant, for those who would like to be part of the CVAC type system which would be only a temporary bridging “entity”-”council”,lasting no more than a year, that kind of idea…to move us from the fake governments we think we have to the place where each person stands in complete empowerment and responsibility for themselves- self governance.
Protector, for former and current military, think of all the truly positive things that the coast guard or the national guard do, in emergencies or helping to organize that sort of thing and you will have a picture of what this group of people will do.
We have a beautiful example of the integrity and BEing and DOing of just such a person in this room, Captain Deryl Delany… (hug)
These things are all clearly laid out in all the OPPT documents and they are all easy to locate on the One People’s site currently oppt-in.com
So if you feel that you fit into one of these two “audiences” and you want to step forward in a specific capacity under CVAC guidelines then these Oath and Bond documents are something you might see if you have a resonance for signing.
In my discussions with Chris on developing a section on the website for these documents and the best ways to get them online, facilitate people who wanted to send them in and then present them in a way that serves all and moves this forward…
I mentioned that I felt it  was very important to have another document. One that let people step forward and declare their knowing of being free and wanting to declare they were committed to building Nova Earth in their own special way.
For some that would be just as simple as publicly stating their full name, their city and country in a Declaration of Freedom. The vision that came to me had thousands upon thousands of people’s names scrolling on the website. And the energy from all those eternal essence embodied on the site inspired others to wake up and submit their Declaration of Freedom and perhaps choose to sign one of the Oath and Bonds.
It also inspired those who submitted their Declaration of Freedom to co-create with others in specific ways that organically evolved out of these first steps.
There were a few glimpses in here today of the germination of those kinds of organic co-creative ideas in between all of the old paradigm angry accusatory and assumptive energy. Discourse, discussion and dissecting different ideas processes, ways of being and doing is good especially when we work to  leave all but coming from the energy of Love out of the equation.
Freedom and working in Transparency, integrity and co-creativity is hard work and something that has been beaten down in us. So lets work together, play together, imagine together and co-create together from a heart centered high energy vibration.”

PLEASE NOTE:
You do not have to sign anything if you do not want to, it is your free will choice.
Signing either of these bonds is an act of commitment and support.
They are of limited duration.
INTRODUCTION:
The dissolution of the One People Public trust by UCC filing #2013032035 on March 18 2013 was the final step that lawfully returned the One People of Earth to their true freedom and status.
“II. I duly verify, with full responsibility and liability, by DECLARATION OF ABSOLUTE AUDIT AND RECONCILIATION, that all that IS has been fully audited and reconciled into Absolute, eternal essence, inclusive of all trusts, systems, networks, regimes, hierarchies, and any and all other limits, unrebutted;”
All that now remains on the planet are the One People as eternal essence embodied, absent limits, Absolute.
We just graduated. Our thinking needs to adjust to the reality of the new paradigm and drop the acronym “OPPT” except when referring to the UCC filings created when the Trust was operating  which, although the UCC has also been reconciled and archived still remain in force.
The phrase “the One People” is all that is needed to describe our civilization.
An outbreak of peace is soon to occur and a monumental shift in every aspect of this civilization is going to require that all of us contribute our energy in whatever way we can. If you have been following the shows then you already know this.
To that end what is presented here is an opportunity for two levels of commitment to establishing peace and freedom on Earth.
You do not have to give your Oath and Bond to support the One People. You can do anything you are moved to do without these. However if you would like to be involved in the CVAC Systems of Assistance or in carrying out the Military Order it is required by the original OPPT UCC filings at this stage.
It is a free will choice.
Oath and Bond for Public Servant to the One People.
This is for anyone who wants to contribute time and energy to establishing and maintaining the CVAC SYSTEMS OF ASSISTANCE. All manner of skills will be required over the next year.
Oath and Bond for Protector of the One People.
This Bond and Oath is for serving or ex-military who volunteer to assist in the enforcement of the UCC Military order that peacefully closes out the old system.
Note that oaths previously made to foreclosed corporate governments are no longer valid however the intent to serve the people and actually fix this world lives on inside true oath-keepers.
Here is your chance to fulfill your true oath.
 Instructions:
Please download the file, fill it in with Name and Address, sign it and seal with thumbprint and date. Then scan to a PDF and upload to the same webpage.
When you upload it, you will be prompted to provide the same details for the database so your Bond and Oath is recorded.
NOTE:  Read these documents out loud once you have filled them in. Their meaning is energetically stored within you when you do so.
Oath and Bond for Public Servant to the One People


http://oppt-in.com/oath-and-bond/

STRUCTURE OF THE BIRTH CERTIFICATE




By:  David Deschesne
Fort Fairfield Journal, May 11, 2005
A certificate is a "paper establishing an ownership claim." - Barron's Dictionary of Banking Terms.  Registration of births began in 1915, by the Bureau of Census, with all states adopting the practice by 1933.
Birth and marriage certificates are a form of securities called "warehouse receipts."  The items included on a warehouse receipt, as descried at §7-202 of the Uniform Commercial Code, the law which governs commercial paper and transactions, which parallel a birth or marriage certificate are:
-the location of the warehouse where the goods are stored...(residence)
-the date of issue of the receipt.....("Date issued")
-the consecutive number of the receipt...(found on back or front of the certificate, usually in red numbers)
-a description of the goods or of the packages containing them...(name, sex, date of birth, etc.)
-the signature of the warehouseman, which may be made by his authorized agent...(municipal clerk or state registrar's signature)
Birth/marriage certificates now appear to at least qualify as "warehouse receipts" under the Uniform Commercial Code.  Black's Law Dictionary, 7th ed. defines:
warehouse receipt. "...A warehouse receipt, which is considered a document of title, may be a negotiable instrument and is often used for financing with inventory as security."
Since the U.S. went bankrupt in 1933, all new money has to be borrowed into existence.  All states started issuing serial-numbered, certificated "warehouse receipts" for births and marriages in order to pledge us as collateral against those loans and municipal bonds taken out with the Federal Reserve's banks.  The "Full faith and Credit" of the American people is said to be that which back the nation's debt.  That simply means the American people's ability to labor and pay back that debt.  In order to catalog its laborers, the government needed an efficient, methodical system of tracking its property to that end.  Humans today are looked upon merely as resources - "human resources," that is.
Governmental assignment of a dollar value to the heads of citizens began on July 14, 1862 when President Lincoln offered 6 percent interest bearing-bonds to states who freed their slaves on a "per head" basis.  This practice of valuating humans (cattle?) continues today with our current system of debt-based currency reliant upon a steady stream of fresh new chattels to back it.
Additional Birth Certificate Research
Federal Children
 by Joyce Rosenwald
In 1921, the federal Sheppard-Towner Maternity Act created the birth "registration" or what we now know as the "birth certificate." It was known as the "Maternity Act" and was sold to the American people as a law that would reduce maternal and infant mortality, protect the health of mothers and infants, and for "other purposes." One of those other purposes provided for the establishment of a federal bureau designed to cooperate with state agencies in the overseeing of its operations and expenditures. What it really did was create a federal birth registry which exists today, creating "federal children." This government, under the doctrine of "Parens Patriae," now legislates for American children as if they are owned by the federal government. Through the public school enrollment process and continuing license requirements for most aspects of daily life, these children grow up to be adults indoctrinated into the process of asking for "permission" from Daddy government to do all those things necessary to carry out daily activities that exist in what is called a "free country."
Before 1921 the records of births and names of children were entered into family bibles, as were the records of marriages and deaths. These records were readily accepted by both the family and the law as "official" records. Since 1921 the American people have been registering the births and names of their children with the government of the state in which they are born, even though there is no federal law requiring it. The state tells you that registering your child's birth through the birth certificate serves as proof that he/she was born in the united States , thereby making him/her a United States Citizen. For the past several years a social security number has been mandated by the federal government to be issued at birth.
In 1933, bankruptcy was declared by President Roosevelt. The governors of the then 48 States pledged the "full faith and credit" of their states, including the citizenry, as collateral for loans of credit from the Federal Reserve system. To wit:"Full faith and credit" clause of Const. U.S. article 4. sec. 1, requires that foreign judgement be given such faith and credit as it had by law or usage of state of it's origin. That foreign statutes are to have force and effect to which they are entitled in home state. And that a judgement or record shall have the same faith, credit, conclusive effect, and obligatory force in other states as it has by law or usage in the state from whence taken.
Black's Law Dictionary, 4th Ed. cites omitted.
The state claims an interest in every child within it's jurisdiction. The state will, if it deems it necessary, nullify your parental rights and appoint a guardian (trustee) over your children. The subject of every birth certificate is a child. The child is a valuable asset, which if properly trained, can contribute valuable assets provided by its labor for many years. It is presumed by those who have researched this issue, that the child itself is the asset of the trust established by the birth certificate, and the social security number is the numbering or registration of the trust, allowing for the assets of the trust to be tracked. If this information is true, your child is now owned by the state. Each one of us, including our children, are considered assets of the bankrupt united states. We are now designated by this government as "HUMAN RESOURCES," with a new crop born every year."
In 1923, a suit was brought against federal officials charged with the administration of the maternity act, who were citizens of another state, to enjoin them from enforcing it, wherein the plaintiff averred that the act was unconstitutional, and that it's purpose was to induce the States to yield sovereign rights reserved by them through the federal Constitution's 10th amendment and not granted to the federal government, and that the burden of the appropriations falls unequally upon the several States, held, that, as the statute does not require the plaintiff to do or yield anything, and as no burden is imposed by it other than that of taxation, which falls, not on the State but on her inhabitants, who are within the federal as well as the state taxing power, the complaint resolves down to the naked contention that Congress has usurped reserved powers of the States by the mere enactment of the statute, though nothing has been, or is to be, done under it without their consent (Commonwealth of Massachusetts vs. Mellon, Secretary of the Treasury, et al.; Frothingham v. Mellon, Secretary of the Treasury et.al..) Mr. Alexander Lincoln, Assistant Attorney General, argued for the Commonwealth of Massachusetts . To wit:
I. The act is unconstitutional. It purports to vest in agencies of the Federal Government powers which are almost wholly undefined, in matters relating to maternity and infancy, and to authorize appropriations of federal funds for the purposes of the act.
Many examples may be given and were stated in the debates on the bill in Congress of regulations which may be imposed under the act. THE FORCED REGISTRATION OF PREGNANCY, GOVERNMENTAL PRENATAL EXAMINATION OF EXPECTANT MOTHERS, RESTRICTIONS ON THE RIGHT OF A WOMAN TO SECURE THE SERVICES OF A MIDWIFE OR PHYSICIAN OF HER OWN SELECTION, are measures to which the people of those States which accept its provisions may be subjected. There is nothing which prohibits the payment of subsidies out of federal appropriations. INSURANCE OF MOTHERS MAY BE MADE COMPULSORY. THE TEACHING OF BIRTH CONTROL AND PHYSICAL INSPECTION OF PERSONS ABOUT TO MARRY MAY BE REQUIRED.
By section 4 of the act, the Children's Bureau is given all necessary powers to cooperate with the state agencies in the administration of the act. Hence it is given the power to assist in the enforcement of the plans submitted to it, and for that purpose by its agents to go into the several States and to do those acts for which the plans submitted may provide. As to what those plans shall provide, the final arbiters are the Bureau and the Board. THE FACT THAT IT WAS CONSIDERED NECESSARY IN EXPLICIT TERMS TO PRESERVE FROM INVASION BY FEDERAL OFFICIALS THE RIGHT OF THE PARENT TO THE CUSTODY AND CARE OF HIS CHILD AND THE SANCTITY OF HIS HOME SHOWS HOW FAR REACHING ARE THE POWERS WHICH WERE INTENDED TO BE GRANTED BY THE ACT.
(1) The act is invalid because it assumes powers not granted to Congress and usurps the local police power. McCulloch v. Maryland , 4 Wheat. 316, 405; United States v. Cruikshank, 92 U.S. 542, 549-551.
In more recent cases, however, the Court has shown that there are limits to the power of Congress to pass legislation purporting to be based on one of the powers expressly granted to Congress which in fact usurps the reserved powers of the States, and that laws showing on their face detailed regulation of a matter wholly within the police power of the States will be held to be unconstitutional although they purport to be passed in the exercise of some constitutional power. Hammer v. Dagenhart, 247 U.S. 251; Child Labor Tax Case, 259 U.S. 20; Hill v. Wallace, 259 U.S. 44.
The act is not made valid by the circumstance that federal powers are to be exercised only with respect to those States which accept the act, for Congress cannot assume, and state legislatures cannot yield, the powers reserved to the States by the Constitution. Message of President Monroe, May 4, 1822 ; 4 Elliot's Debates, p. 525; Pollard's Lessee v. Hagan, 3 How. 212; Escanaba Co. v. Chicago , 107 U.S. 678; Coyle v. Oklahoma , 221 U.S. 559; Cincinnati v. Louisville & Nashville R.R. Co., 223 U.S. 390.
(2) The act is invalid because it imposes on each State an illegal option either to yield a part of its powers reserved by the Tenth Amendment or to give up its share of appropriations under the act. A statute attempting, by imposing conditions upon a general privilege, to exact a waiver of a constitutional right, is null and void. Harrison v. St. Louis & San Francisco R.R. Co., 232 U.S. 318; Terral v. Burke Construction Co., 257 U.S. 529.
(3) The act is invalid because it sets up a system of government by cooperation between the Federal Government and certain of the States, not provided by the Constitution. Congress cannot make laws for the States, and it cannot delegate to the States the power to make laws for the United States . In re Rahrer, 140 U.S. 545; Knickerbocker Ice Co. v. Stewart, 253 U.S. 149; Opinion of the Justices, 239 Mass. 606.
The Maternity Act was eventually repealed, but parts of it have been found in other legislative acts. What this act attempted to do was set up government by appointment, run by bureaucrats with re-delegated authority to tax, which is in itself unconstitutional. What was once declared as unconstitutional by the Supreme Court of this nation in the past should be upheld in a court challenge today. The constitution hasn't changed. What has changed is the way this government views human life. Today we are defined as human resources, believed to be owned by government. The government now wants us, as individuals, to be tagged and tracked. Government mandated or legislated National I.D. is unconstitutional anyway you look at it. Federal jurisdiction to legislate for the several states does not exist and could never survive a court challenge as shown above. Writing letters to elected public servants won't save us when we all know their agenda does not include serving those who placed them in power. Perhaps the 10th amendment of the federal constitution guaranteeing states rights will, if challenged, when making it known that we as individuals of the several states will not be treated as chattel of the U.S. government. If the federal government believes they own us, and as such have the right to demand national I.D. cards, and health I.D. cards, which will in truth tag us as we tag our animals, then let them bring forth the documents to prove their authority to legislate for it. If our G-D given rights to liberty and freedom, which were the foundation upon which this nation was created do not exist, and liberty and freedom is only an illusion under which the American people suffer, then let the governments of this nation come forward and tell the people. But...if we are indeed free, then we should not have to plead or beg before our elected public servants to be treated as such. If, in truth we are not free, then perhaps it's time to let the final chapter of the Great American Revolution be written..........

Friday, April 26, 2013

JOHN PASCOE RIDES AGAIN. FEDERAL MAGISTRATES COURT OF AUSTRALIA CHANGES NAME BUT NOT THE CRIMINAL RUNNING THE JOINT

Chief Federal Magistrate John Pascoe is now known as Chief Judge John Pascoe given the court changed its name and judicial titles last Friday. It still does not change the fact he is the biggest criminal in the judicial system. Not many people can lay claim to fame that they have ripped off every Australian which John Pascoe can, given his price-fixing history when he was running George Weston Foods.
Chief Judge John Pascoe’s criminal history is rather long and the evidence is some of the most powerful any prosecutor could ever want given a lot of it has already been tested in court. I have written about John Pascoe before in an extensive and well documented post in July 2011 titled “The handiwork of Chief Federal Magistrate John Pascoe – witness bribing, price-fixing, succumbing to blackmail to conceal a crime and lying to shareholders etc. Is there anything this man cannot do?” (Click here to read the post)
With the courts name change and the elevation of the Magistrates to Judges it is worth looking again at Mr Pascoe and who and what he is. The government have promoted the magistrates, yet failed to address the underlying problems of the court. That being its credibility with John Pascoe running the show.
John Pascoe’s criminal conduct was brought to light in a judgement handed down in 2004 by the then Federal Court judge, Justice Roger Gyles, in the matter, Australian Competition & Consumer Commission v George Weston Foods Limited [2004] FCA 1093 (25 August 2004) (Click here to read the judgement)
Pascoe’s background
As I have dealt with John Pascoe extensively before I will just recap the key points.
John Pascoe was CEO and Chairman of George Weston foods for almost 20 years before he was parachuted into the Chief Federal Magistrates position just a couple of months before the ACCC v George Weston Foods judgement in 2004. That judgement would have ended Mr Pascoe’s corporate career if he had not ended it himself by taking the Chief Federal Magistrate judicial position.
Overview of the previous post:
1. John Pascoe’s time as CEO / Director and Chairman of George Weston Foods where there was mass price-fixing, witness bribing and John Pascoe succumbed to blackmail by Dick Honan (Chairman of Manildra) to conceal price-fixing.
2. John Pascoe’s time as Director/Chairman of Aristocrat Leisure Limited where he was involved with making false and misleading statements and breaching continuous disclosure laws. This lead to a multi-million dollar payout to the victims.
3. John Pascoe’s attempt to conceal plagiarism by the former Federal Magistrate Jennifer Rimmer.
4. The fraud at the Federal Magistrates Court of Australia under his direction and management.
5. Chief Federal Magistrate John Pascoe hearing a case where there was an alleged breach of the Trade Practices Act. The same Trade Practices Act that John Pascoe was breaching on an ongoing basis when he was CEO/Chairman at George Western Foods.
6. Is Chief Federal Magistrate John Pascoe permanently out to lunch? His lazy work ethics as Chief Federal Magistrate.
And the dissection of the ACCC v George Weston Foods judgement in the previous post:
A quick outline of the case is that the ACCC took legal action against George Weston Foods for price-fixing and also one of its directors Paul Loneragan. George Weston Foods claim they sacked Paul Loneragan when they found out that he was trying to fix the price of flour but this does not stand up to scrutiny. Mysteriously the charges against Paul Loneragan were dropped as you will find out.
Questions: (re: ACCC – George Weston Foods) (Click here to read the judgement)
      1. In paragraph 7, John Pascoe obviously succumbed to corporate blackmail by Dick Honan to conceal the crime of attempted price-fixing of flour. Why did he do this?
      2. From paragraph 6, it looks fairly clear that Goodman Fielder was involved in the price-fixing as well. If this is correct, his company also colluded with Goodman Fielder to fix the price of flour and fraudulently ripped off the Australian public.
      3. In Paragraph 9 Justice Gyles says “It is of some significance that no notes were taken of the meeting between Pascoe and Loneragan. Pascoe considered whether the company should make disclosure to the ACCC but elected not to do so.” Why did John Pascoe not take notes? And why did John Pascoe not go to the ACCC?
      4. Paragraphs 10 to 15 deal with Loneragan’s termination. Why if John Pascoe sacked him did he not make other employees aware?
      5. Why did John Pascoe make out Loneragan had resigned?
      6. Why did John Pascoe give Paul Loneragan $461,787 when he left?
      7. Paul Loneragan’s actions were cause for summary dismissal and John Pascoe should not have paid him anything?
      8. In paragraph 14 John Pascoe re-employed Loneragan. Why did he re-employ him?
      9. In paragraph 14 Justice Gyles says: Although the evidence is not very satisfactory, that arrangement appears to have continued in one form or another until at least October 2003, notwithstanding that Pascoe said in his s155 examination that the practice had ceased by late 2001.” Why did John Pascoe lie to the ACCC and tell them that it had ceased in 2001 when in fact it had continued until 2003?
      10. Paragraphs 16, 17 and 18 deal with previous price-fixing and it is interesting to note at the end of paragraph 16 Justice Gyles says “The penalty was imposed by Sheppard J on 7 October 1981. Pascoe gave evidence at the s155 examination that he had been the solicitor for Weston for some years before joining it.” So that means all the price-fixing was going on at the company either while John Pascoe was a solicitor for the company, a Director(1981), CEO and Director(1985 -2000) or Chairman (2000).
      11. Paragraph 21 shows your abuse of the legal system in delaying tactics. Why did John Pascoe do this?
      12. In Paragraph 23 Justice Gyles says “An alternative hypothesis, of course, is that this kind of activity was commonplace in a tightly organised oligopoly and that this incident only came to light because of Dick Honan’s desire to play it as a card in a collateral commercial dispute. The evidence given by Loneragan as to his discussion with the officer of Goodman Fielder is to be noted.” Is this is true? John Pascoe and George Weston Foods were ripping of the public for years if not decades?
      13. Why did the ACCC not prosecute Loneragan? Did John Pascoe negotiate a settlement with them via his mate and ACCC Chairman Graeme Samual?
      14. In Paragraph 24 Justice Gyles says “These decisions are sought to be justified by the receipt of legal advice as to defamation on the one hand and an action for wrongful dismissal on the other. That legal advice has not been tendered and no author has been called. Weston has gone to considerable lengths to avoid any disclosure of that legal advice in the course of these proceedings. In the absence of that evidence and in the light of the circumstances, I do not take that explanation seriously”. John Pascoe is a qualified lawyer and did not need to get legal advice. Justice Gyles is in effect calling John Pascoe a liar? This is important as it is consistent with what happened at Aristocrat when John Pascoe was Chairman there and I will raise it later in this post.
      15. In paragraph 25 Justice Gyles again basically calls John Pascoe a liar. John Pascoe was telling the ACCC one thing and doing the total opposite. Why was this?
      16. In paragraph 26 Justice Gyles says: On the evidence before me the conclusion is open that Weston was keeping Loneragan ‘on side’ during the ACCC investigations. Whether that is so or not, there is much concerning the contravening conduct and its aftermath which has not been satisfactorily explained.” This is in effect bribing a witness? John Pascoe kept him on the payroll so he did not spill the beans against John Pascoe and George Weston Foods.
      17. In paragraph 27 Justice Gyles says: “What is more, the conduct is typical cartel behaviour, very similar in substance to that in which the company was involved in the glucose price-fixing case. Such behaviour is notoriously difficult to detect. In those cases where it is detected, deterrence demands a heavy penalty.” The average person would think that the price-fixing was rampant over many years which is was.
      18. In paragraph 31 Justice Gyles says: “I am not persuaded that the orders sought concerning a compliance program should be made in this case. I have said that I am satisfied that the existing compliance program is serious and well designed. No compliance program can effectively deal with deliberate breaches by those at board level.” Having regard for the numerous breaches of the laws and the continued price-fixing, why was this continually happening on John Pascoe’s watch?
      19. Lying during a s155 examination is a criminal offence and clearly John Pascoe has never been charged. Why is this? This is the same offence that Richard Pratt was charged for.
For a more extensive history of John Pascoe’s criminal conduct including his fraud while Chief Federal Magistrate read the previous post. (Click here to read)
As of last Friday the Federal Magistrates Court of Australia was renamed the Federal Circuit Court of Australia. Why the courts name change? On the Attorney-General’s website it says “The new title of Judge also better reflects the status of this court, created under Chapter III of the Australian Constitution.” It seems a waste of time to me and was only done for the egos of the magistrates who can now call themselves a Judge. Also the name might have been changed to hide the poor history of the Federal Magistrates Court, but a name change will only do that short-term unless underlying problems are addressed. Getting rid of John Pascoe is the first priority if the court is going have any credibility.
A new judicial complaints process also started operation last Friday which I will do a separate post on in the near future. I might even give it a road test and make a formal complaint about one of the many corrupt judges which I have done before to no avail. It says on the website for Attorney-General Mark Dreyfus QC:
“This new complaints framework will ensure complaints against federal judicial officers are handled fairly and transparently while maintaining the constitutional independence of the judiciary,” said Mr Dreyfus (Click here to read more)
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http://kangaroocourtofaustralia.com/2013/04/17/john-pascoe-rides-again-federal-magistrates-court-of-australia-changes-name-but-not-the-criminal-running-the-joint/