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 t
hat 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 r
esponsible 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 s
ystem 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.
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