IN THE SUPREME COURT
OF NEW SOUTH WALES
SYDNEY REGISTRY
COMMON LAW DIVISION File No; 20137/00
AFFIDAVIT
I, John Wilson of 19 Elm Place, North Rocks in the State of New South Wales, say on oath:
1.I am the Deponent.
2.I have constantly tried to have the issues of this case brought before a trial by jury but that
right has constantly been denied by judicial officers in the courts. Hereto attached are copies of transcripts as the following annexures:
i.Annexure "A" which is of proceedings in the Supreme Court of New
South Wales before Justice Barr in matter No 20723/97 on Monday 4 August 1997 in which Justice Barr says "Unfortunately no jury is available to you in this matter".
ii.Annexure "B" which is of
proceedings in the Supreme Court of New South Wales before Acting Justice Murray in the matter No 20723/97 on Monday 25 August 1997 in which I outline the case against seven judicial officers whom I accuse of wrong-doing and
the barrister for the Defendants claims immunity for his clients.
iii.Annexure "C" which is of proceedings in the Local Court Downing Centre before Magistrate Henson in the matter No H4012005 on Friday 26
September 1997 in which I lay claim to trial by jury but the Magistrate increases the severity of the conditions of bail at the request of the Police Prosecutor resulting in my being imprisoned at Silverwater until Sunday 28th
September 1997.
iv.Annexure "D" which is of proceedings in the Local Court Downing Centre before Magistrate Milledge in the matter No H4012005 on Friday 16 January 1998 in which I complain about the delay in
bringing the matter before a trial by jury and the opposition seek further adjournments to allow a Contempt of Court charge to go ahead in the Supreme Court, and
v.Annexure "E" which is of proceedings in the
Local Court Downing Centre before Magistrate Brydon in the matter No H4012005 on Friday 27 March 1998 in which I restate my claim to trial by jury but the Magistrate complies with the Director of Public Prosecutions'
request to withdraw the charges under section 326 of the Crimes Act 1900 after Justice Hidden in the Supreme Court of New South Wales on 16 March 1998 dismissed my Requisition for Trial by Jury for the charge of Contempt of
Court.
3.I truly believe that the initial charge made by the Police under section 326 of the Crimes Act, which carries a penalty of ten years imprisonment for each offence was added to by making a second charge, under
the same section of the law, to increase the penalty to twenty years imprisonment.
4.I truly believe that after I elected, on 26 September 1997, to have trial by jury, the Director of Public Prosecutions filed a Summons
in the Supreme Court of New South Wales on 14 October 1997 for the charge of Contempt of Court because those employees of the Crown did not want the issues going before a jury and believed that judges could dispense with an
Australian's right to trial by jury.
John Wilson
Sworn at North Rocks
on 20th July , 2000
before me Alan Burrows
(Justice of the Peace 7100105)
Annexure "A":
IN THE SUPREME COURT
OF NEW SOUTH WALES
SYDNEY REGISTRY
COMMON LAW DIVISION File No: 20137/00
AFFIDAVIT
I, John Wilson of 19 Elm Place, North Rocks in the State of New South Wales, say on oath:
1.I am the Deponent.
2.The Magna Carta 1215 is the Great Charter of the Liberties of England which declares in Chapter
39 that "No freeman shall be taken or (and) imprisoned or disseised or exiled or in any way destroyed, nor will we go upon or send upon him, except by the lawful judgment of his peers or (and) by the law of the land.".
3.The Great Charter of the Liberties of England was signed by King John at Runnymede on June 15, A.D. 1215 which was forty years before the first English Parliament. A "charter" is a document evidencing
something done between one party and another which, in this case, was the granting of rights and privileges to "the English church" and "also granted to all free men of our realm, on the part of
ourselves and our heirs forever, all the subjoined liberties, to have and to hold, to them and to their heirs, from us and from our heirs.". As a "charter" from the Crown, wherein the rights were granted
"forever", not even the Crown, let alone any Parliament or Court, can rescind those rights.
4.The Confirmation of Charters, signed by King Edward of England in 1297, declares, in paragraph 1,
that "..the Great Charter of Liberties and the Charter of the Forest, which were made by common assent of all the realm, in the time of King Henry our father, shall be kept in every point without breach.." and that
"..our justices, sheriffs, mayors, and other officials which under us have to administer the laws of our land, shall allow the said charters in pleas before them and in judgments in all their points; that is to wit, the
Great Charter as the common law and the Charter of the Forest according to the Assize of the Forest, for the relief of our people.". In paragraph 2, it declares "And we will that if any judgment be given from
henceforth, contrary to the points aforesaid, by the justices or by any other ministers that hold plea before them against the points of the charters, it shall be undone and holden for naught.".
5.I truly believe
that Magna Carta is re-inforced by the Confirmation of Charters to make it clear and beyond doubt that a freeman is entitled to trial by jury and no parliament and no court can remove or deny that right. This
irrevocability is found in (a) Chapter 40 of Magna Carta which says "To no one will we sell, to no one will we refuse or delay, right or justice.", and (b) paragraph 1 of the Confirmation of Charters which says
"..our justices, sheriffs, mayors, and other officials which under us (ie: the Crown) have to administer the law of the land, shall allow the said charters.." .
6.Therefore, I truly believe that no judge can override or dispense with a person's right to trial by jury.
7.The Bill of Rights was given royal assent on 16 December 1689 by King William III declares that
"Whereas the late King James the Second, by the assistance of divers evil counsellors, judges, and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion, and the laws and liberties of
this kingdom; By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without the consent of Parliament;…" and that the "Lords .. and Commons …do in the first
place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declare That the pretended power of suspending the laws or the execution of laws by regal authority
without consent of parliament is illegal: That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;…That jurors ought to be
duly impanelled and returned,..".
8.The Statute of Monopolies signed by King James I in 1623 declares that he "did.. (in 1610), publish in Print to the whole Realm, and to all Posterity (ie: all succeeding
generations), that all Grants and Monopolies, and of the Benefit (ie: exemption from ordinary courts by the privilege of one's order) of any Penal Laws, or of Power to dispense with the Law, or to compound the Forfeiture
(ie: loss of right to), … are altogether contrary to the Laws of this Realm, and so are and shall be utterly void and of none effect, and in no wise to be put in Use or Execution."
9.I truly believe that
the above extracts from the Bill of Rights and the Statute of Monopolies fix the permanency of a person's rights.
Sworn at
on , 2000
before me
(Justice of the Peace/Solicitor)
IN THE SUPREME COURT
OF NEW SOUTH WALES
SYDNEY REGISTRY
COMMON LAW DIVISIONFile No; 20137/00
AFFIDAVIT
I, John Wilson of 19 Elm Place, North Rocks in the State of New South Wales, say on oath:
1.I am the Deponent.
2.This suit I bring against the State of New South Wales is an action for TORT, which is a civil
wrong whereby my legal rights have been violated and which gives me the right to court action for unliquidated damages as compensation. The unliquidated damages of five million dollars (Australian) are not fixed by
reference to a calculation or scale, but are on the circumstances of the case and subject to the assessment to be made by the jury.
3.The TORT is that of unlawful imprisonment.
Sworn at
on , 2000
before me
(Justice of the Peace/Solicitor)
IN THE SUPREME COURT
OF NEW SOUTH WALES
SYDNEY REGISTRY
COMMON LAW DIVISIONFile No: 20137/00
AFFIDAVIT
I, John Wilson of 19 Elm Place, North Rocks in the State of New South Wales, say on oath:
1.I am the Deponent.
2.Annexed hereto and marked "A" is a copy of the Judgment handed down by Mr Justice Peter Hidden on Monday 16 March 1998 in the Supreme Court of New South Wales in the matter of 12914/97 - The Prothonotary v John Wilson.
3.In that Judgment, Hidden J dismissed my Requisition for Trial by Jury filed for by way of a Notice of Motion dated 23 Jan 1998.
Sworn at
on , 2000
before me
(Justice of the Peace/Solicitor)
