This document is a
defence to the above claim and is dated the 7th of June 2007.
My defence is based upon the
FACTS that:
1 - I am not a
"party" member of the Northern Midlands Council and
the State Government of Tasmania having found it to necessary to stand aside and
apart of these institutions. For the same reasons I am also not a
"party" member of the "senior" institution
named the Commonwealth of Australia.
(Refer attachment 1, letter dated 23rd of November 2004, to Maree Bricknell,
Manager Corporate Services and the Mayor, Councillors, Council staff and
ratepayers, C/- Northern
Midlands Council. Further reasons for my stand are detailed
below.)
2 – Within the principle clauses of
the founding constitutions of the institutions as given here below, as your institutions
are proven to be of a "contrary" ideology
to mine, I have the right to live by my own peaceful
belief. A fact that was not previously taken into
consideration by the magistrate.
Being that I must not in any way fund a punitive system for that is a contravention of God’s “Go in peace and be merciful and forgiving” Command
and, - - -
The freedom to go about
my life peacefully having
a differing religious doctrine and not being a member of your institution
and to not fund your institution, is granted to me by your own
"rules of engagement" upon which you receive your authority over those that do
fellowship with you and support you:
~~~
COMMONWEALTH
OF AUSTRALIA CONSTITUTION ACT - SECT 116
Commonwealth not to legislate in respect of religion
The
Commonwealth shall not make any law
for establishing any religion,
or
for imposing any religious observance,
or for prohibiting the free exercise of any religion.
~~~
And within your
State Government of Tasmania institution's founding Constitution Act are rules
below that were reaffirmed in the Constitution Act 1934 (Tas). These rules did guarantee religious freedom within the
state and it remains to be seen by the decision handed down in this
"defence" if they still do.
|
Constitution
Act 1934 (Tas)
PART V
- GENERAL PROVISIONS
|
| Religious freedom
46.
(1) Freedom of conscience and
the free profession and practice of religion are, subject to public
order and morality, guaranteed to every citizen.
(2)
No person
shall be subject to any disability, or be required to take any oath
on
account of his religion or religious belief, and no religious test shall
be imposed in respect of the appointment to or holding of any public
office.
|
Rule 46(1) provides
in "your" rules, a legal guarantee of the religious liberty and
equality of Tasmanians. Every citizen is guaranteed freedom of conscience and
the free exercise of religion.
NOTE:
("Public order" may be defined as living in peaceful co-existence and "morality"
as living righteously according to God's Commanded Code of Conduct. Both of
which I do aspire to in spite of the Council's on going attempt to have me fund their
punitive ways and thus have me be otherwise.)
Rule
46(2) provides in "your" rules that "No person
shall be subject to any disability ... on account of his religion or religious
belief" and yet through my religious belief in only peaceful co-existence
and thus choice to not be supportive of yours and your employer's contra
doctrinal beliefs, you try to coerce me to comply to your demands,
and when I do not you force me to suffer the loss
of goods. This is in contravention of all the "rules"
listed above, for as previously stated and again stated, I do not believe that I
"owe" others anything simply because they say I do and, I cannot
"pay" for
services that I have not tendered for and, in any case, there was NO service
provided to my property in respect of the monies claimed.
NOTE
Religion:
"A system of belief
in the worship of a supernatural power or God." or
The recognition by man of a superhuman power entitled to obedience,
reverence, and worship.
Doctrine - the teaching
of a "church" or religion or other teacher that forms the "base" upon which a
person bases their "ethical" code of conduct.
State
government "doctrine" is the TEXT within the state regulations/statutes/acts
etc., that has become the "religion" of its followers and state enforcers and
others that perceive this unholy book as their "god" to be adored,
revered, worshipped and obeyed by all within the state.
~~~
3
– It is contrary to the Command of God for you to persecute me and prosecute
me for simply conforming to God’s command.
A
fact that was not previously taken into consideration by the magistrate.
I believe that God does not
condone abuse, invasion,
warfare, extortion, punishment or killing
under any circumstances, and I thus refuse to fund the "way"
Council demands by paying "tax" or "fine" for this
reason and, - - - it is gross injustice for Council staff to say that I must
be "caught" and judged as "DEVIANT"
and punished all because I follow my
belief "Thou shall not kill, thou shalt not steal,
thou shalt not abuse another, thou shalt go thy way in PEACE"
4 –
It is contrary to the Sovereign Right of man granted by God whereby:
A
fact that was not previously taken into consideration by the magistrate.
"The
people inhabiting planet earth have a "Sovereign Right"
bequeathed unto them by God the Creator the Supreme Power and
ultimate Authority. This "Sovereign Right" is
their right to exercise their conscience and to exist on earth and to live in
accordance with the Command of God* and, - - -
This means that they have a "Sovereign
Right" to walk apart from the confines and influence and dictates and
regulations or decrees of other mortals or institutions of
man." (Extracted from "The Sovereign Right of man"
document, attachment 2 and is available at: http://www.the-testament-of-truth.co.uk/web/sovereign.htm)
5 –
It is contrary to your own Constitution for
officers of State or Commonwealth to impose their rules upon me.
A
fact that was not previously taken into consideration by the magistrate.
6 –
It was error on the part of the council employee Maree Bricknell (Corporate
Services Manager) to try and steal funds from me on the pretext that I was within her
"Council" jurisdiction when I have clearly in the past shown beyond doubt that
I was not. (Refer attachment 1)
A
fact that was not previously taken into consideration by the magistrate.
Added
notes:
I also
detail below my
"counter claim" that covers the costs
to me prior to receiving the $3821.93 amount that is claimed as being
outstanding on my "account," and I add that at no time have I asked the
Council to be my service provider, and thus I have no "account" with them
backed by any "signature" from my pen.
I simply take this
"‘effort" of appeal so that all
those that have already placed their penned signature upon the dockets
that have sullied my name and have caused me and my family loss, have
the opportunity to reconsider their mandate to wage war
upon me a peaceful man and, - - -
To withdraw their false claim and to refund
some of my
costs and, - - - I can but trust that there is at least ONE honest and
honourable Judge in the land who has the capacity to take the time to read all
laid at his feet by my hand and to read the basis of his own authority to "rule" or
"not to make punitive rulings" over me.
The
above is a fact needing to be taken into consideration by the magistrate.
If perchance you are
"leaning" towards making an "invalid appeal" decision against me then my final question
is: “How and at
what point in time did I "abdicate" my God given "throne" that enabled me
to live my life in peace according to my own beliefs, and cede it over to your institution that
has the "opposing" ideology of control, punishment, and war”?
The
above is a fact needing to be taken into consideration by the magistrate.
If you do use the back up of force
to seize my property
to pay the "claim" balance as stated above, it clearly shows God and me that
your "officers" are not only very arrogant and disdainful of their own rules,
but that they are absolutely ignorant of God’s superior law, and I can only
"warn" you all that whatever you already have imposed or will impose upon me
forcefully will be done unto you by God within His superior Law.
As God is my witness the Council
"officers"
have been guilty of Treason against the State
Constitution.
The
above is a fact needing to be taken into consideration by the magistrate.
I seek no monetary
"redress" from any other ratepayer,
and if damages or refunds are awarded to me then in my eyes and God’s they
should be met from the personal "pockets" of all complicit in the extortion
racket.
I am aware that the
"fraudulent" claims against me
arose solely from the ignorance and arrogance of all who have assumed that
every person on the land is within their jurisdiction, and I can but ask that
they now "back off" and make amends to God and myself.
The
above is a fact needing to be taken into consideration by the magistrate.
There is a copy of this open
"Appeal" on line
at:
http://www.pindariherbfarm.com
under "Spiritual Truth on
Local Council Charges, Rates & Taxes" on the front page, letter34 or go
to http://www.pindariherbfarm.com/ratelet/letter34.htm
The end of my
submission to the court.
Signed Ken Atherton
Details
of "counter claim."
Seizure and thus 'theft' of two cars from my abode
by State officials being:
Ford Station Wagon EH7955
Ford Sedan EV8319
Stolen by an employee of the State of Tasmania at the instigation of employees
of the Northern Midlands Council for and on behalf of the Mayor, Councillors and
Electors of the Northern Midlands Council. Dated 15th day of June 2006.
Value
of the two cars estimated at $2000 and $4000 respectively. Costs of
re-purchasing our cars back at auction amounted to:
Ford Station Wagon EH7955 .....$700
Ford Sedan EV8319....................$1400
My
costs in time and materials in responding to the ongoing attempts at extortion
over the last two years and more: $1000
Total
claimed: $3100
Signed:
Ken Atherton
List of
attached documents.
Attachment
1 - Letter
dated 23rd of November 2004, to Maree Bricknell, Manager Corporate Services
and the Mayor, Councillors, Council staff and ratepayers, C/-
Northern Midlands Council. This letter may also be viewed as letter 24 at: http://www.pindariherbfarm.com
under "Spiritual Truth on Local
Council Charges, Rates & Taxes" on the front page.
Attachment
2 - "The Sovereign Right of man"
document, attachment 2 available at: http://www.the-testament-of-truth.co.uk/web/sovereign.htm)
