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Judges Fear both Grand and Petit Juries:
Magna Carta says that "No Freeman shall be taken , or imprisoned, or be desseised of his freehold, or his
liberties, or free customs, or be outlawed, or exiled, or in any other wise destroyed, nor will we pass upon him nor condemn him unless by the lawful judgment of his equals or by the law of the land.". "lawful
judgment of his equals" means Trial by Jury, and "the law of the land" means the Common Law, including the country's Constitution.
This policy of Democracy, ie: sovereignty in the form of "People
rule" ("demos" and "kratos"), has been the Nemesis to tyrants ever since, because tyranny cannot prevail when the People have the whip hand, ie: they are in the position of control. It has always
been the No. 1 priority of tyrants to abolish Trial by Jury - and we are witnessing it again, today, with examples such as the NSW Parliament passing the "Courts Legislation Amendment (Civil Juries) Act
2001", which takes away the Right to Trial by Jury, and the State and Federal Judiciaries ruling that "Magna Carta is obsolete" and turning the Courts into "Star Chambers" with no Juries and
themselves having total and absolute power.
On 25th July 2002, I attempted to file a Summons and Affidavit in the Sydney Registry of the High Court of Australia requisitioning a Grand Jury for the investigation of Bank
Fraud and Judicial Corruption. The Deputy Registrar, Mr. Matt Grey, read it for over an hour and decided he would not accept the filing of the Summons and told me he was sending it to a Judge of the High Court to
decide whether it could be filed. He sent it to Justice Gummow who sent it back with the "Directions" that the Summons could not be accepted for filing without "leave" being granted by a Judge of the
High Court. I resubmitting the Summons with an additional "Ex Parte Application for Leave to issue a Proceeding" accompanied by a second Affidavit on 5th August 2002. On 12th September 2002, the Canberra
Registry of the High Court faxed me a copy of a judgment made by Justice Callinan refusing leave to file the Summons.
I was not allowed to be present before either Justice Gummow nor Justice Callinan.
This
episode is more clear proof that Australia is in the grip of tyrants. The only way to depose these enemies of the People is in the Courts. The fight to regain the Courts is the single most important challenge facing
us. There can be no surrender, if Freedom is to survive.
Below are the documents, such as the Summons and its Affidavit; the Ex Parte Application and its Affidavit; and the Judgment from the High Court Judge:-
Firstly, the Summons:
IN THE HIGH COURT OF AUSTRALIA
SYDNEY OFFICE OF THE REGISTRY
S 252 of 2002
BETWEEN:John Wilson
Applicant
AND:ST. GEORGE BANK LIMITED
First Respondent
STATE OF NEW SOUTH WALES
Second Respondent
SUMMONS
LET ALL PARTIES concerned attend a Justice in Chambers at Sydney on day the day of 2002
at o'clock in the noon on the hearing of an application on the part of the Applicant for orders that:
1.Under High Court Rules 1952 Order 31 Rule 2,
Interlocutory proceedings, and High Court Rules 1952 Order 49 rule 5, Court may direct trial with jury at any time, and the Judiciary Act 1903 section 77B, Power of the High Court to direct trial by jury, a Jury, in
the form of a Grand Jury of 23 Jurors, be summoned to inspect the CD-Rom entitled "Rights and Wrong" which is a recording of the Applicant's website (http://www.rightsandwrong.com.au ) and investigate matters
of alleged fraud committed by the First Respondent and alleged maladministration committed by the Second Respondent, as described in Affidavits filed by the Applicant in the Supreme Court of New South Wales, Sydney Registry,
Common Law Division, File No: 20714 of 2000.
2.In accordance with High Court Rules 1952 Order 13 Rule 9, Summary disposal, and there being no consent by the Applicant (being one of the "parties" to
this action) for summary disposal, a Jury, in the form of a Petit Jury of 12 Jurors, be summoned to determine the Application for Special Leave to Appeal which was filed on 6 December 2001
3.That such Grand Jury
proceedings be listed before the Court at Sydney on or such time and place as may be fixed by the Court.
4.That such Petit Jury proceedings be listed before the Court at Sydney on
or such time and place as may be fixed by the Court.
Dated day of 2002.
................................................
Deputy Registrar
This summons was taken out by John Wilson, the Applicant.
TO:The First Respondent:
St. George Bank Limited,
4 - 16 Montgomery Street,
Kogarah, NSW, 2217.
AND TO: The Second Respondent:
State of New South Wales,
c/- Crown Solicitor,
60 - 70 Elizabeth Street,
Sydney, NSW, 2000.
Filed by:John Wilson,
19 Elm Place,
North Rocks,
NSW, 2151.
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Secondly, its Affidavit:
IN THE HIGH COURT OF AUSTRALIA
SYDNEY OFFICE OF THE REGISTRY
No: S252 of 2002.
BETWEEN:John Wilson
Applicant
AND:ST.GEORGE BANK LIMITED
First Respondent
STATE OF NEW SOUTH WALES
Second Respondent
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 Affidavit is in support of my Requisition for a Grand Jury to investigate the issues of:
(a) FRAUD committed by the St. George Bank Limited or any bank issuing variable
interest rate loan contracts, which are invalid under common law, and creating money for themselves "out of thin air" and injecting it into the economy in the form of loans, and
(b) JUDICIAL
CORRUPTION committed by Judges in the Supreme Court of New South Wales and the High Court of Australia by:
(i) concealing the Fraud committed by the banks, and
(ii) denying me my inherited, constitutional and inalienable Right to Trial by Jury.
3.According to Article 14 of the International Covenant on Civil and Political Rights, "All persons shall be equal before the
courts and tribunals, in the determination of any criminal charge against him, or of his rights and obligations in a suit of law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial
tribunal established by law.". This is the Scheddule 2 of the Commonwealth's "Human and Equal Opportunity Commission Act 1986" and is "binding on the courts, judges, and people of every
State and of every part of the Commonwealth notwithstanding anything in the laws of any State" (Covering Clause 5 of the Act to Constitute the Commonwealth of Australia Act 1900, 63 & 64 Victoria, Chapter 12).
4.It follows, because an Australian citizen residing in the State of Victoria is entitled to have a Grand Jury summonsed because of the State of Victoria's Crimes Act 1958 - Section 354, that an Australian citizen
residing in New South Wales "shall be equal before the courts and tribunals" (as above) and also entitled to have a Grand Jury summonsed - to wit: Section 117 of the Act to Constitute the Commonwealth of Australia
says: "A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in
such other State.".
5.The Judicature Act 1874 introduced Grand Juries into the Colony of Victoria and, when the Colonies united to become "one indissoluble Federal Commonwealth under the Crown..and under the
Constitution hereby established" on 1 January 1901, "the laws, the public Acts and records, and the judicial proceedings of every State" were "given" "Full faith and credit...throughout the
Commonwealth" (s. 118 of the Act to Constitute the Commonwealth of Australia) and "faith" is the "belief founded on authority" (Concise Oxford Dictionary), ie: the authority of legislation, such as the
Judicature Act 1874, applied throughout the Commonwealth.
6.Incidentally, there has been no Act of "The Parliament of the Commonwealth" (section 1 of Part I of the Act to Constitute the Commonwealth
of Australia 1900) of Australia that has amended or repealed the Judicature Act 1874 which also remains valid "throughout the Commonwealth".
7.Twenty three jurors ought to be empanelled to make up the Grand
Jury and no indictment, "which includes an information and a presentment" (section 4 of the Crimes Act 1914 (Cth)) can be made except by concurrence of at least twelve of the jurors.
8.The crimes and
maladministration the Grand Jury need to investigate pertain to the Judicial Corruption when judicial officers of the Supreme Court of New South Wales and the High Court of Australia concealed the serious offences of fraud
committed by the St. George Bank Limited as outlined in the following paragraph, ie: paragraph 11, and supported by Court Transcripts and Judgments contained in a CDROM which is a recording of my Internet Website of
http://www.rightsandwrong.com.au .
9.This paragraph is the text of a leaflet which I produced. The words are:
"HOW TO DEFEAT THE JUDGES":
The Judiciary has now become "Public Enemy
No. 1" because of their illegal and oppressive practices in the taking away of the rights of the people and the concealing of fraud committed by the banks. Judges have assumed a power of dispensing with the "Lawes and
Liberties of this Kingdome", as they did prior to the enactment of the Bill of Rights 1689. The fraud committed by the banks is in the form of contract fraud (concerning the common law illegality of variable interest
rates) and their creating money "out of thin air" which they lend and demand repayment with interest.
By Judges assuming absolute power in the denying of a person's right to Trial by Jury, denying Discovery
(which is the ordered disclosure of evidence) directed at the banks, and telling balatant lies (such as "the rate itself is indeed certain"}, they are corrupting the Courts so allowing the banks to criminally
dispossess and subjugate the people.
To defeat this conspiracy, the first step is to reclaim the Courts for the people and for "the administration of Justice", which is their primary, paramount and exclusive
duty. This is done by suing the Crown (the State) which is vicariously liable for what the Judges (or any its employees) do. The laws applied here are the Crown Proceedings Act 1988 No. 70 and the Law Reform (Vicarious
Liability) Act 1983 No. 38. It is mandatory that this action has a Jury, ie: "a tribunal of the people", to sit in judgment of the Judges. The Rules of Natural Justice support this because 'Wo man may be judge in
his own cause" and the United Nations Covenant on Civil and Political Rights lays down that there must be"'a competent, independent and impartial tribunal".
To save themselves and the banks, the Judges
will try all "their knavish tricks" (words from "God Save the Queen") - even to the parading of the own invention of "Judicial Immunity", which is a false doctrine designed to place themselves
above all the laws governing the administration of justice.
However, the inescapable principle at the heart of Democracy is that the People determine their own rights - and the tribunal to make such decisions is
ultimately the Jury. Otherwise, there is no Democracy but there is Oligarchy where an Elite rule the People.
This is a fight for Truth, Justice and Freedom. It can only be fought in the Courts.
Written by J. Wilson, jhwilson@acay.com.au "
10.Other crimes and maladminstration the Grand Jury needs to investigate involve the denying of my Right to Trial by Jury when I was unlawfully imprisoned at the hands of
New South Wales Chief Judge at Common Law Mr. Justice Wood who also violated the Laws of Natural Justice which lays down that "no man may judge in his own cause".
11.I truly believe that the greatest fraud of
all time is that banks create money for themselves "out of thin air" and inject it into the economy as loans which they recoup with interste.
12.I truly believe that this serious offence is being concealed by
judges in the Supreme Court of New South Wales and the High Court of Australia and evidence of this corruption is found in the transcripts and judgments recorded on my website referred to above in paragraph 8.
.............(signed).......................
Applicant, John Wilson.
Sworn at .....North Rocks........................
on: ......13th May, 2002..........................
before me: ......Alan Burrows. 7100108..............
(Justice of the Peace)
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Thirdly, the Ex Parte Application:
O.58, rule 4(3)
IN THE HIGH COURT OF AUSTRALIA
SYDNEY OFFICE OF THE REGISTRY
No. S 242 of 2002
BETWEEN:
AND:
In the Matter of an Application by
John Wilson for leave to issue a
proceeding.
EX PARTE APPLICATION FOR LEAVE TO ISSUE A PROCEEDING
1.The Applicant applies for leave to issue the attached proceeding.
2.On 26 July 2002 Justice William Gummow directed the Registrar to refuse to issue the
proceeding without the leave of a justice first had and obtained by the party seeking to issue it.
Grounds
3.The grounds of the application appear in the supporting affidavit of John Wilson sworn on 2 August 2002.
Dated the5th day ofAugust, 2002
......(signed).....................
Applicant
THE APPLICANT'S ADDRESS FOR SERVICE IS:
19 Elm Place,
North Rocks, NSW, 2151
Tel: (02) 9630 2618 (home) or 9872 1661 (work)
Fax: (02) 9872 1661 (work)
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Fourthly, its Affidavit:
IN THE HIGH COURT OF AUSTRALIA
SYDNEY OFFICE OF THE REGISTRY
No: S252 of 2002
BETWEEN:John Wilson
Applicant
AND:ST. GEORGE BANK LIMITED
First Respondent
STATE OF NEW SOUTH WALES
Second Respondent
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 Affidavit is in support of an Ex Parte Application for leave to
issue a Summons requisitioning a Grand jury to investigate the issues of:
(a) FRAUD committed by the St. George Bank Limited or any bank issuing variable interest rate loan contracts, which are invalid under common law, and
creating money for themselves "out of thin air" and injecting it into the economy in the form of loans, and
(b) JUDICIAL CORRUPTION committed by judges in the Supreme Court of New South Wales and the High
Court of Australia by:
(i) concealing the fraud committed by the banks, and
(ii) denying me my inherited, constitutional and inalienable
Right to Trial by Jury.
3.On attempting to file the Summons and
supporting Affidavit in the Sydney office of the registry of the High Court of Australia on Thursday 25 July 2002, the Deputy Registrar, Mr. Matthew Grey, would not process the documents but told me he would be referring them
on to a Justice.
4.On Wednesday 31 July 2002, I received a letter from Mr. Grey containing the Summons and Affidavit with copies and a covering letter saying that "On 26 July 2002 Justice Gummow made a direction
pursuant to Order 58 Rule 4(3) of the High Court Rules.".
5.This "Order 58 Rule 4(3)" says "If the writ, process or commission appears to a registrar on its face to be an abuse of the process of the
Court or a frivolous or vexatious proceeding, the registrar shall seek the direction of a justice who may direct him to issue it or to refuse to issue it without the leave of a Justice first had and obtained by the party
seeking to issue it.".
6.This Summons is not "an abuse of the process of the Court" because its purpose have the Court perform its primary and paramount function and responsibility. A Court is:
(a) A Court is a place where Justice is administered.
(b) Justice is "the protection of rights and the punishment of wrongs'".
(c) A Court must "vindicate men's rights and enforce just causes'".
(d) A Court is constituted by a Judge and a Jury.
(e) A Judge swears an Oath of Office to "do right to all manner of people
according to the law -without fear or favour, affection or ill-will So help me God".
(f) A Jury must not only determine "what are the facts and what is the law, but judge the justice of the law, whether the law is
appropriately being applied and what are the moral intentions of the parties, and finally bring in a verdict according to their conscience".
(g) A Judge also swears an Oath of Allegiance to the Queen.
(h) The Queen
swears the Coronation Oath and receives the Holy Bible as "royal law'", upon which all law hangs, "royal law" is the
Commandments of "love the Lord, your God' and "love your neighbour".
(i) At the Coronation, a prayer is spoken by the Archbishop when presenting the Queen with the Sword of State, that the Queen
"may not bear the Sword in vain; but may use it as the minister of God for the terror of evildoers and for the protection and encouragement of those who do well,.. " and "With this Sword do justice, stop the
growth of iniquity, protect the holy Church of God, help and defend widows and orphans, restore the things that are gone to decay, maintain the things that are restored, punish and reform what is amiss, and confirm what is in
good order.".
(j) A Court must nullify and rebuke any law which is unjust, takes away one's rights, protects wrong or is in excess of the power granted by the Constitution to the Parliament to make such a law.
7.The Oxford Reference "A Dictionary of Law", New Edition, ISBN 0-19-280000-0, says "abuse of process" is "A tort where damage is caused by using a legal process for an ulterior collateral purpose.
(See also malicious prosecution.) Actions that are obviously frivolous, vexatious, or in bad faith can be stayed or dismissed by the court as an abuse of process.".
8.This Summons is not a "tort", ie: a
private or civil wrong, because the sheer fact of requisitioning a Grand Jury is, in itself, calling for the precautionary determination as to whether prima facie evidence exists for those indictable offences of Fraud and
Corruption. The substance of my Statement of Claim in the Supreme Court of New South Wales is that I have suffered by being a victim to such Fraud and Corruption. That is to say, there is no "ulterior collateral
purpose".
9."frivolous", according to the Concise Oxford Dictionary, means "Paltry, trumpery, trifling, futile; given to trifling, not serious, silly".
10.The offences I am alleging
have taken place are extremely serious. This combination of Bank Fraud and Judicial Corruption is having the most damaging effects on the balance of power and the distribution of wealth in our community. It is a
Conspiracy of monstrous proportions. Irrefutable figures from the Reserve Bank of Australia's own journals show that private banks in Australia create for themselves "out of thin air" tens of billions of dollars
every year. Another result of this fraudulent practice is Inflation where the effect on the day-to-day living expenses, savings and superannuation is to inflict hardship and will prove to be ultimately disastrous.
11.The
practice of Banks issuing fraudulent loan contracts incorporating variable interest rates has been continually aided and abetted by Australian Judges. My first experience in the Supreme Court of New South Wales before
Master Terrence Greenwood on Tuesday 17 September 1996 is clear evidence when he said of a variable interest rate that "the rate itself is indeed certain". Since then, there has been an uninterrupted succession
of Judges who has supported and protected this untruth.
12.There has to be "a competent, independent and impartial tribunal established by law" (Article 14 of the International Covenant on Civil and
Political Rights - Schedule 2 of the Commonwealth's Human Rights and Equal Opportunity Commission Act 1988) which, because of the Laws of Natural Justice where "no man can judge in his own cause", to investigate
the allegations and possibly lay indictments.
13.The Oxford Reference "A Dictionary of Law", New Edition, says a "vexatious action" is "An action brought for the purpose of annoying the opponent
and with no reasonable prospect of success.".
14.This action is not "brought for the purpose of annoying the opponent". It is brought for the purpose of "vindicating men's rights and the
enforcement of just causes". The rights to Truth, Justice and Freedom.
15.When Judges lie, conceal crime, pervert the Course of Justice and deny access to Juries, the Courts have been corrupted by
the very people who have sworn the Judicial Oath before God.
16.This action is not to "annoy" the St. George Bank Limited nor the Crown, which is vicariously liable for the actions of Judges. This action
is for the purpose of bringing them to Justice so that their victims may receive Justice (including me).
17."The truth, the whole truth and nothing but the truth" must not be suppressed no matter what
degree of disruption is caused to the wrong-doers.
18.The Bill of Rights 1688 said "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;".
19.Today, instead of being "the late King James the Second", we have "the banks" as the primary
culprit - but still there are the "evil counsellors, judges and ministers" "subvert(ing) and extirpat(ing).. the laws and liberties" of the people.
20.Even the contrivance of Order 58 rule
4(3), to have a mechanism put in place to allow a Justice to arbitrarily dismiss an action, contravenes the fundamental principles and spirit of English Common Law.
21.The Star Chamber was abolished by Habeas
Corpus 1641, ie: by an Act of Parliament applying the law of Magna Carta 1297. However, Australian Judges believe they have this autocratic power. It is corruption. It is wrong.
22.This action
brings to the country the issues of Corporate and Judicial Accountability. The corporation in question is the St. George Bank Limited and the Judges in question are the divers Judges who have participated in the various
proceedings recorded on the CD-ROM entitled "Rights and Wrong" and referred to in my Affidavits which are included in the Supreme Court file No. 20714/2000 of John Wilson -v- St. George Bank Limited & State
of New South Wales.
23.Banks and Judges are not immune from prosecution when they commit crimes against the community.
24.It is the function of a Grand Jury to investigate and indict anyone for serious offences
and for maladminstration. It is also there to protect both the Government and the Citizens against abuses of the process of the Courts and frivolous or vexatious proceedings. No Judge or Judges can perform that role
without the consent of all parties in any action. In a Democracy, the sovereignty lies with the People - which is quite different to an Oligarchy, where an Elite rule.
25.The Common People have the right to
determine their own destiny and govern their own country. Juries, both Grand and Petit, are tribunals of the Common People and, as Thomas Jefferson said, are "the only anchor yet imagined by man which can hold a
government to the principles of its constitution.".
26.The magnitude of the serious offences and maladministration embodied in these proceedings demand the greatest and most thorough investigation by the highest
authority in the land - the People.
.............(signed)..........................
Applicant, John Wilson.
Sworn at .......North Rocks....................
on: ............2nd August, 2002..........................
before me: .............(signed by a J.P. 9425132).......
(Justice of the Peace)
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Finally, the Judgment:
MATTER NO S252 OF 2002
IN THE MATTER OF AN APPLICATION FOR LEAVE TO ISSUE A PRODEEDING BY JOHN WILSON
This is an application for leave to issue
process. The process in question is an application for special leave to appeal to this Court from the Court of Appeal of New South Wales. The basis of the application is that the Courts of New South Wales can never be properly
constitute unless a jury be a component part of them. On 26 July 2002, a Justice of this Court directed, pursuant to O 58 r 4(3) of the high Court Rules 1952 (Cth), that the registrar refuse to issue that process unless the
applicant first obtain the leave of a Justice. The applicant now seeks that leave.
The application which the applicant seeks to issue, which is entirely misconceived, would, if issued, be an abuse of the process of the
Court. It reveals no arguable cause of action. Leave to issue the process is therefore refused.
(signed what looks like 'Callinan')
This page constitutes my reasons for judgment in the matter of an application
for leave to issue a proceeding by John Wilson.
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