Tuesday, May 28, 2013

SIR HARRY GIBBS ON THE AUSTRALIAN CONSTITUTIONAL CRISIS


Sir Harry Gibbs On The Australian Constitutional Crisis



Sir Harry Talbot Gibbs 1917 to 2005


Copy of Letter from Sir Harry Gibbs

Explanatory Statement

I am a former member of the High Court and I wish to take this unusual method of informing you about a matter that is going to deeply affect us all. Unfortunately, a document such as this is too easily "lost" in the bureaucratic jungle in which we operate.

A group of Australian Citizens have taken it upon themselves to test the validity of our current political and judicial system. Like you, I have lived my entire legal career with the assumption that the basis for our legal and political system, state and federal, was written in stone. This group has undertaken to present this paper when they test the legal system.

The group is articulate, well educated and counts some of our best legal minds amongst its members. One of Australia's best known barristers is one of the group's leading lights. It is far better informed with regard to international law than most members of the judiciary or for that matter, the legal academe. It has better international contacts than I would have thought possible.

After spending some time with the group leader, I was able to elicit its primary intentions. It is the introduction of a totally democratic system of government devoid of party politics operated by the will of the people incorporating a system of debit taxation which should go a long way to eliminating the current unemployment problem and also addressing other pressing social issues. An A.B.S. financial model supports the proposal.

The group has so far concentrated on matters relating to taxation, state and federal, minor industrial and motor traffic while undertaking not to present a criminal defence using their current presentation. I challenged the leader of this group to present any evidence he had with regard to the above defence so I could use my legal expertise to play the part of the devil's advocate. It should be brought to your attention that the group has access to documentation that we members of the judiciary have little knowledge. I refer to the British Parliamentary Papers for the Colony of Australia for the years 1860 through to 1922.

These are photocopies of all documents correspondence etc., between the states and later the Commonwealth of Australia, the British Crown and the British Government. They are very revealing documents and indicate the degree of chicanery in which the politicians of all shades were involved and as I can now see, at the expense of the legal academe and the judiciary. I present for your perusal the details of the group's presentation along with my comment on each major item. The group relies solely upon historical fact and rejects political rhetoric and legal opinion unless based upon historical fact.

1. "The Commonwealth of Australia Constitution Act 1900 (UK) is an act of the parliament of the United Kingdom. It did not contain any substance of sovereignty and was a colonial act centralising self-government of the six Australian Colonies. Australia remained a colony of the United Kingdom."

1a. Although the late Lionel Murphy attempted to show that there was an element of sovereignty in this act he failed. The international definition of sovereignty has been espoused at length and the above act although important in the development of Australia, did not have the authority of sovereignty. The historical evidence that Australia remained a British Colony post 1901 is overwhelming.

2. "Australia made an international declaration of its intention to become a sovereign nation when Prime Minister Hughes and his deputy; Sir Joseph Cook signed the Treaty of Versailles on June 28, 1919. On its cognisance of signing this treaty, Australia was granted a "C" class League of Nations mandate over former German territories in the Pacific. In effect, Papua New Guinea became a colony of Australia achieving its own independence on 16 September 1975. The League of Nations became part of International Law on 10 January 1920 with Article X of the Covenant of League of Nations guaranteeing the sovereignty of each member,"

2A. The Significance of Australia joining the League of Nations as a foundation member has never been addressed in Australia before.
Strangely, only one book has ever examined the question of Australian independence. Written by W. J. Hudson and M. P. Sharp in 1988 "Australian Independence" printed by Melbourne University Press. As both were members of the Department of Foreign Affairs and Trade at the time of authorship and had access to the, British Parliamentary Papers, I find it most interesting they have avoided any mention of these papers in their book. Their conclusion that Australia became an independent nation via. the Statute of Westminster in 1931 flies in the face of contradictory evidence within the above mentioned papers and readily available historical fact.

Prime Minister Hughes address to the Commonwealth Parliament on 10 September 1919, "Australia has now entered into a family of nations on a footing of equality. Australia has been born in a blood sacrifice." demonstrates the politicians of the day were only too well aware of the change of status from a colony to that of sovereign nation while attempting to remain within the Empire.

Prime Minister Bruce made this reply to the British Government in 1922 after a request for troops against Kernel Ataturk in the Chanak crisis. Bruce's reply is contained in the British Parliamentary Papers: "We have to try to ensure there shall be an Empire foreign policy which if we are to be in anyway responsible for it, must be one to which we agree and have assented. If we are to take any responsibility for the Empire's foreign policy, there must be a better system, so that we may be consulted and have a better opportunity to express the views of the people of this country. We cannot blindly submit to any policy which may involve us in war." This is a far cry from the declaration of war against Germany made on behalf of the British Colony of Australia by George V of the United Kingdom in 1914.

I have re-produced Bruce's reply in full as I believe this reply contains clear historical evidence of a Prime Minister who was well aware of the change of status from a. colony to a sovereign nation. The later Statute of Westminster 1931 was an acknowledgment of that status.

3. "Paragraph 4 of the Statue of Westminster Act 1931 contravenes Article X of the Covenant of the League of Nations. Paragraph 1 of the Australia Act 1986 contravenes Article 2 paragraphs 1 and 4 of the Charter of the United Nations."

3A Paragraph 4 of the Statute of Westminster reads "No Act of Parliament of the United. Kingdom passed after the commencement of this Act shall extend, or be deemed to extend, to a Dominion as part of the law of that Dominion, unless it is expressly declared in that Act that Dominion, has requested, and consented to the enactment thereof." Paragraph 1 of the Australia Act is very similar: "No Act of the Parliament of the United Kingdom passed after the commencement of this Act shall extend, or be deemed to extend, to the Commonwealth, to a State or Territory as part of the law of the Commonwealth, of the State or of the Territory."

I passed this one to the Federal Attorney General and asked him what was the source of this quite incredible authority that sought to overturn the authority legislated within the Covenant of the League of Nations in Article X and the Charter of the United Nations in Article 2 paragraphs 1 and 4. He is unable to provide any documentation to support these clauses, Article X of the Covenant of the League of Nations states: "The members of the League undertake to respect and preserve against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression, the Council shall advise upon the means by which this obligation shall be fulfilled."

It is appropriate that I now introduce a statement by Sir Geoffrey Butler KBE, MA and Fellow, Librarian and Lecturer in International Law and Diplomacy of Corpus Christi College, Cambridge author of "A Handbook to-the League of Nations" used as a reference to the League by virtually all nations at that time. He refers to Article 1 of the Covenant of the League of Nations.

"It is arguable that this article is the Covenant's most significant single measure. By it the British Dominions, namely New Zealand, Australia, South Africa, and Canada, have their independent nationhood established for the first time. There may be friction over small matters in giving effect to this internationally acknowledged fact but the Dominions will always look to the League of Nations Covenant as their Declaration of Independence.

Article 2 paragraph 1 of the United Nation's Charter states "The Organisation is based on the principle of the sovereign equality of all its Members."

Article 2 paragraph 4 of the Charter states ‘All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations."

In view of the above, the historical evidence for Australian Independence by 10 January 1920 when the League of Nations became part of International Law is overwhelming. When this evidence is reinforced with the contents of the Charter of the United Nations, the continued usage of any legislation that owes its very legitimacy to the parliament of an acknowledged foreign power cannot be supported by either legal opinion or indeed historical evidence.

I therefore have come to the conclusion that the current legal and political system in use in Australia and its States and Territories has no basis in law.

Following discussions with members of the British Government relating to the Letters Patent for the Governor General and State Governors I find that these documents no longer have any authority. Indeed, the Queen of the United, Kingdom is excluded from any position of power in Australia by the United Nations Charter and is excluded under UK law from the issue of a Letters Patent to other than a British Subject. A Letters Patent must refer to an action to be taken with regard to British Citizens. The Immigration Act. 1972 UK defines Australian Citizen as aliens.

The Governor General's Letters Patent is a comedy of errors. We are greeted in the name of the Queen of Australia who suddenly becomes the Queen of the United Kingdom in the next paragraph I therefore have come to the conclusion that the current legal and political system in use in Australia and its States and Territories has no basis in law.

of the Letters Patent. This Queen then gives instructions to the Governor General with reference to the Commonwealth of Australia Constitution Act 1900 UK. Here we have a clear breach of Article 2 paragraph 1 of the United Nation Charter. Under both UK and international law, the-Queen is a British Citizen.

State Governors are in a worse position as their authority comes from the late Queen Victoria of the United Kingdom. Regardless of the validity of the Commonwealth of Australia Constitution Act 1900 UK, if the authority of Governor General and the State Governors is invalid then so is the entire political and legal system of government.

When advised that the War Crimes Commission was taking an interest, I called them in Geneva. Under the 1947 Geneva Convention, they are empowered to look into cases here in Australia where it is alleged the law of a foreign country was enforced against a citizen of a member state of the United Nations. As they perceive that only the judiciary can actually enforce the law, the judicary becomes their target. The group has already placed cases before them which they are currently investigating. If found guilty, the penalties are horrific and include the death penalty!

I could go on with more relevant information however I think now is the time for a summary. The group leader, a QC, states the obvious when he asked me how could a colony now acknowledged by all world nations to be a sovereign Nation retain exactly the same legal and political system it enjoyed as a colony without any change whatsoever to the basis for law. This point alone requires an answer.

The High Court has already answered with regard to the position held by treaties signed by the Commonwealth Government in the Teoh case of 1994. "Ordinary people have the right to expect government officials to consider Australia's international obligations even if those obligations are not reflected in specific Acts of Parliament: the rights recognised in international treaties are an implied limit on executive processes."

Article 36 of the Statute of the International Court of Justice is the correct reference for you to refuse to hear a matter when an international treaty is cited as a defence.

My advice is to adjourn any case "sine die" that that challenges the authority of the Letters Patent. Under no circumstances hear a case that challenges the validity of a State or the Federal Constitution. It is the politicians who are using us as pawns without them having to face the music. These matters are of concern to politicians, let them sort out these problems and accept any inherent risks themselves!

 

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21st February 2011

The attachment is absolutely fantastic & is another proof & admission from within the legal profession itself CONFIRMING what I have said for years

There is NO RULE of LAW within the Australian legal system so one can revert to International Law, or simply use (Aboriginals have Sovereign Law) the Creator's Laws or Contract Law.

It's not news the common folk should know about because many would behave dishonorably & chaos & mayhem would follow.

For those that act responsibly & honourably, this should be the signal for a huge party! Why?

Slavery is removed!

Everything is by contract. Offer & acceptance There is our remedy. We ought to be celebrating. The attachment should be emailed, faxed, deposited to every po-lice station in the country so they can see for themselves that their position is NOT legal & that WE KNOW IT! however, we do need them but they are on Notice that we know contract law rules & to leave us alone! We harm no-one so stop trying to fleece us & racketeer against us.

Are you not celebrating?

Perhaps we could all individually commit to distribute the attached doc to 4 po-lice stations each, so they are on NOTICE. Also each politician ought get a copy. Wouldn't they poo in their pants! They re the real liable party

Woohooo!

Mark

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21st February 2011

Hi Mark

FWIW, IMHO

I am sure I have sent this to you before and I agree with your comments below but if you take all that into account what protection do we have?

The Government are committing FRAUD on us and continuing to act as though the Constitution still exists so....... Like Sir Harry Gibbs did, (He, knowing the attached info from his letter, was instrumental as a founding member of the organisation "Australians for a Constitutional Monarchy") Used the government fraudulent activities to hold them to the rules they tried to portray to the rest of the public. The whole time knowing the truth could not be revealed by them. In essence he "played the game"

He even wrote to John Wilson in support of John Wilson and his accusations of the fraudulent Australia Act.

So I try to play the same way....... telling the government to live by the rules you created and have made public or lay your hand down and expose your fraud in this poker game of bluff ;)

Every time I see someone go to court with a sound argument/case of what should be the Rule of Law just gets defeated.

I don't know if the above makes sense as I am on the way out and rushed this but I know you will get the picture

God Bless

Mike

 

 

3 comments:

  1. Jim MacLeod
    10:46 AM (18 minutes ago)

    to me
    Nick her is one of several responses recently from John Kaminski – I sent him the items on Gibbs and the Commonwealth that you had sent to me.

    From: John Kaminski [mailto:pseudoskylax@gmail.com]
    Sent: Tuesday, 28 May 2013 6:37 PM
    To: Jim MacLeod
    Subject: Re: Spingola Special with John Kaminski: More on The Missing Word

    Thanks JIm. Your enclosure reminds me of the situation regarding the U.S. income tax. It is not legally constituted from about seven different angles, and people are not legally required to pay it. Yet the crush of consensus media, which is meant to keep everyone in the dark about everything, regards this as one of many forbidden topics. I wish I could remember the correct name of the fellow who actually won in court over this, but I can't seem to. Financial topics are not my strong suit, as you could tell by my own pathetic financial situation.

    Not being a legal beagle, I nevertheless wonder if other aspects of the legal foundation of the U.S. doesn't have these same glitches. Even so, the courts in the U.S. (and I'm sure Australia's are similarly constituted) are so rigged that it would be hard to get to first base (an American baseball term) on this issue, because even lawyers are hesitant to touch these matters, lest they kill their own golden geese.

    Regarding your central question about how all this came to be, I would say first it has always been the same situation in every country down through history, where the kings (or the powers that be) rig everything in their own favor, and participatory governance is only a cynical fiction set up by those who invented the system.

    My superficial understanding of the Australian setup is that Montefiore, a Rothschild lieutenant, gamed the system long ago, and like the U.S., tilted everything in favor of the Queen (a member of the Rothschild board), setting up bank rules that secretly mean real people never own anything and don't even have a genuine, impartial legal system to which they may appeal.

    I don't know what discovering some flaw in the initial legislation, or chartering, of the Australian government would do to affect people's welfare, because any attempt to enforce an overthrow of the government in this manner would be totally swallowed up and thwarted by the existing illegal legal system which is already in place. That's the Catch 22 the whole world faces.

    What's a peak body?

    ReplyDelete
  2. If I read your message right, you're talking about the Prince Philip/Club of Rome/Bill Gates extermination program which has turned every act of so-called medicine into a a for-profit illness production process. Premature deaths in acute wards would not only be a desired result on an empirical level, but also be exacerbated by the general malaise caused by corruption and the frustration over having nowhere to turn for help. You're right: this is a cancer spreading to all levels of consciousness. This is withering the planet right before our eyes, and I must say it's making me pretty depressed myself.

    Hope this answers your question.

    Best wishes,
    John K.





    On Tue, May 28, 2013 at 12:04 AM, Jim MacLeod wrote:
    Hi john
    Thanks for the ongoing updates / insights – I have been working with a peak body re mental health issues for a while now and areas of premature deaths in acute wards is current campaign to try to stem the tide – The depth of difficulties is legion in all facets of our planet and the beliefs have beleaguered for a long while the broader awakening in individuals – in a conversation amid all the other ongoing tasks this emerging insight came to further clarify aspects of the Australian conundrum and the crippling from times of colonisation long ago. I thought I would send for a brief extra reflection regards your central concern and can you perhaps shed light on how this kind of Wizardry in OZ was engineered and who by…..
    The evil that gest calculated and then criminally covered over defies a terminology – carcinogenetic malignancies it seems are endemic and taking myriad forms….
    Cheers
    …… And best wishes
    MacLeod (J
    From: John Kaminski [mailto:pseudoskylax@gmail.com]
    Sent: Monday, 27 May 2013 1:42 AM
    To: Andrew MacGregor; Bible Believers' Church; BOB GREGORY; Clint WeRChange in Utah; Dale Williams; David West; Dr. Harriet D'Costa; Ed Kendrick; Jim MacLeod; John Kountouris; John Henry Rohmfeld Jr.; Jonathan Azaziah
    Subject: Fwd: Spingola Special with John Kaminski: More on The Missing Word

    Spingola Special with John Kaminski: More on The Missing Word
    Be suspicious of all writers who talk about America's problems
    but don't mention the Jews by name.
    http://www.spingola.com/JKaminski2013-05-26.mp3

    #


    ReplyDelete
  3. I'm so pleased to find this letter by Sir Harry Gibbs as I have used it or parts of it as a backup statement Appendix to an affidavit I submitted yesterday in the Local Court at Bega NSW as my defence against the Bega Valley Shire Council's claim that I owe them money of which I have no recollections or documentation of ever contracting with them for anything. As I live out in the bush, I get very little in the way of Local Government Services out here and since I am an Age Pensioners living below the poverty line, I am seeking a total exemption for myself and every other Pensioner living below the poverty line, from Local Government taxes, otherwise known as Council Rates, to bring the Local Government in line with the Federal Government which exempts Pensioners from Income Tax.

    ReplyDelete