CASE DROPPED IN COURT BY DPP
COURT AFFIDAVIT
A verified plain statement of facts
Notice to agent is notice to principal, notice to principal is notice to agent
IN THE MAGISTRATES COURT IN Horsham Vic 3390
Case No. __________E140131182_____E14250893_
BETWEEN:
Leading Senior Constable LEE A M BIRTHISEL (VPOL) Informant
Leading Senior Constable HORSHAM HIGHWAY PARROL
HORSHAM Traffic Policeman and
Mr COLIN MEDLEY Accused
Date of Document: 9th April 2015
We, a man commonly known as Colin Medley, hereinafter “Affiant” and “We” am competent to state the following matters that they are true, correct and complete, presented in good faith and not intended to mislead:
We have been known to be known as Colin James of family Medley we have been known to live in a small town Called Murtoa Vic 3390, we would like to give you a run down on what has happen to us over the last 8 months, We think it’s all wrong and something has to be done to stop it from happening again to any Man or Woman.
On the 11/9/2014 we were travelling (not doing paid driving) on a road in Horsham Victoria see added docs for more info. When now known as a unmarked police car been driven by Leading Senior Constable LEE A M BIRTHISEL (VPOL)
In our video she states it’s a random pull over, but you can see in her video she was cutting other road users off and even run a red light to get to us all done in an unmarked police car so even the other road users didn't even know she was THE POLICE in a police car.
Saying that Vic Roads they send 2 so called letters out to me saying they was going to take my D/L off me ( been told it would of been the 1 point op) with that we would of taken the one point as we live 30 km's away from our 4 year old,
82 days in lock up cost me the following we have a 4 year old part time.
Time with my 11 year old who was meant to come over to see me in Oct 2014 Loss of income for not only the 82 days it’s now been 6+ months from when this happen and in and out of court and even family court to see our 4 years more.
There is a lot of factors in our case, One this such letter from Vic Roads x 2 The Parole officer who don’t work there any more as we have been told his report?
Why did the Police officer hunt us down?
2. Why did she lie?
3. Plus to top it all off Why did she give us a drug test after she dropped it on the ground?
4. Why it took 8 days to get a phone call? (In our video we were told we would get one.
WHY?
Not only has it cost us in our health with all the Law was broken but by who?
After having the DPP drop the charges 20 sec’s after he tells us that if they go ahead for it they would win? Ok did we hear that or not? O that’s right we record everything don’t we
As you can see by my Affidavit-4-cost sought- 2015 First and Final Notice added to the email, We logged all my paper work with the court and they have not rebutted any of it to date
COURT AFFIDAVIT
A verified plain statement of facts
Notice to agent is notice to principal, notice to principal is notice to agent
IN THE MAGISTRATES COURT IN Horsham Vic 3390
Case No. __________E140131182_____E14250893_
BETWEEN:
Leading Senior Constable LEE A M BIRTHISEL (VPOL) Informant
Leading Senior Constable HORSHAM HIGHWAY PARROL
HORSHAM Traffic Policeman
and
Mr. COLIN MEDLEY Accused
Date of Document: 9th April 2015
Filed by: Colin Medley (Agent for the Accused)
No Fixed Address
We, a man commonly known as Colin Medley, hereinafter “Affiant” and “I” am competent to state the following matters that they are true, correct and complete, presented in good faith and not intended to mislead:
The Affiant is a private living sentient man.
The Affiant is not an AUSTRALIAN “citizen,” “subject,” “vessel” or “person” or any ens legis artificial entity, procedural phantom, legal fiction or juristic personality within the AUSTRALIA.
The COMMONWEALTH OF AUSTRALIA is a corporation, an artificial entity and a legal fiction that operates in bankruptcy.
Mr. COLIN MEDLEY is an artificial entity and a legal fiction that operates in bankruptcy.
We are the agent for the Accused in these proceedings and we are able to swear positively to the facts contained herein of my own knowledge save where expressed to be of our belief.
MR COLIN MEDLEY, MR C MEDLEY, Mr. COLIN MEDLEY, Mr Colin MEDLEY, Mr. Colin Medley, MR COLIN J MEDLEY , Mr. Colin James MEDLEY and similar derivations are all artificial entitities and legal fictions.
The Affiant did not receive full disclosure from the Respondent, the Respondent’s predecessors or any agent, officer or employee within the COMMONWEALTH OF AUSTRALIA of the benefits and liabilities associated with the creation of legal fiction COLIN MEDLEY or any other legal fiction.
The Affiant is not liable for COLIN MEDLEY or any artificial derivative thereof at anytime whatsoever.
The Affiant is not a co-business partner with the artificial entity and legal fiction.
The Affiant is not liable to or for any Government statutes, rules and/or codes, including, without limitation, COMMONWEALTH OF AUSTRALIA or any of it's affiliate State Corporations including the State of Victoria Codes and statutes and/or codes of any of Respondents’ political subdivisions.
The Affiant’s use of a justice of the peace, Australian Promissory Notes, and/or any other public facilities, when alternatives are generally unavailable, does not comprise Affiant’s submission to any political jurisdiction, the creation of an adhesion contract expressly or tacitly with the COMMONWEALTH OF AUSTRALIA or any of it's affiliate sub corporations and/or any other party real or imagined, or an appearance before any body or tribunal, administrative or judicial, real or imagined.
A legal fiction corporation cannot secure in personam jurisdiction over or against Affiant, a living man, without Affiant’s voluntary election to submit.
Any Police Officer and/or Government/corporate officer, agent and/or employee who attempts to enforce statutes against Affiant would be violating the law and engaging in Enticement to Slavery.
It would be unlawful for any Police Officer, Government/corporate agent, official, employee or the like, to hold, incarcerate, detain, restrain and/or restrict the Affiant against the Affiant’s will at any time whatsoever.
Any party that would order, represent or persuade the Affiant to falsely present the Affiant as a AUSTRALIAN citizen, vessel or person directly or by deception, device, misnomer, mistaken identity, warrant or indictment, real or imagined, would be engaging in Enticement to Slavery.
It would be both a violation of law and a violation of the Affiant’s God given unalienable rights if any government/corporative agent, officer or employee attempts to, or does in-fact, force, coerce, manipulate and/or deceive the Affiant into receiving any form of medical treatment at anytime whatsoever, including but not limited to vaccinations.
The Affiant is not a member of any society whatsoever and therefore the Affiant is not bound by any society’s statutes, rules or codes.
It would be unlawful for the Respondent and/or any of the Respondent’s agents, officers or employees, and/or any Government/corporate agent, officer or employee, to remove the Affiant’s property and/or interests, or restrict Affiant’s use of Affiant’s property and/or interests against Affiant’s will and without Affiant’s express consent.
Any party that alleges a liability against the Affiant is obligated to produce an Affidavit of Liability to demonstrate such liability.
According to the LOCAL COURTS ACT 2007 – SECT 13, Magistrates are to be appointed by the Governor of the State of Victoria. According to the CONSTITUTION ACT 1902 – SECT 9A, the Governor of the State is to be appointed by Her Majesty Queen Elizabeth the Second of the United Kingdom of Great Britain and Ireland. According to the COMMONWEALTH OF AUSTRALIA ACT 1900 – SECT 61, the Governor-General of the Commonwealth of Australia is to be appointed by Her Majesty Queen Elizabeth the Second of the United Kingdom of Great Britain and Ireland. There is no order for the appointment for the Governor-General of the Commonwealth of Australia from the Queen Elizabeth the second. There are no orders for any Governor-Generals of the Commonwealth of Australia or any Governor of any of the States of the Commonwealth of Australia, see www.privycouncil.gov.uk to confirm this. Thus because the Governor of Victoria has not been duly appointed the appointments of Magistrates are invalid. It is fraud for any person to act as a Magistrate in any Court in Australia.
WITHOUT PREJUDICE, RESERVE ALL RIGHTS Uniform Commercial Code 1-207 revised 1-308 and I refer to “Common Law Jurisdiction,” whereby confirmed by “LEGAL MAXIMS” that defines the term “COMMON,” and CHOICE OF LAW upon the Sea of Commerce, therefore refers to the Uniform Commercial Code 1-109 and 1-302 (a)(b),
The Respondents Company belongs to a Private Company (STATE OF VICTORIA) part of C.O.A.G = COUNCIL OF AUSTRALIAN GOVERNMENTS. All in C.O.A.G are under THE AMERICAN COMPANY, COMMONWEALTH OF AUSTRALIA; For Foreign Governments and Political Subdivisions Thereof, SECURITIES AND EXCHANGE COMMISSION; Washington, D.C. 20549; COMMONWEALTH OF AUSTRALIA; UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Washington D.C.20549 Business address, CIK: 0000805157 1610 MASSACHUSETTS AV NW. Company Name: COMMONWEALTH OF AUSTRALIA C/O AUSTRALIAN EMBASSY. File Number: 333-163307 WASHINGTON DC 20036.
The Affiant did not, and does not, as a Living Man, consent to being bound by any Statute, specifically, but not limited to the Road Safety Act 1986 or Road Safety Road Rules 2009 and section 78B of the corrections Act 1986.
On September 11, 2014, the Affiant was traveling on the road named Hamilton St. As the Affiant turned a corner and noticed in the car’s rear view mirror a car behind with flashing blue & red lights and a siren going. There was no emergency that the Affiant could see to warrant using flashing lights or siren. The Affiant pulled over onto the side of the road and did not get out of his car. A woman walked up the side of the car to the car’s window. A short woman who was later revealed to be Leading Senior Constable LEE A M BIRTHISEL she was dressed in what looked like a policeman's uniform. The Affiant assumed she was a policewoman. The Affiant asked her why she had stopped me and she stated “it was a random pull over and under s.59 of the (Road Safety) ACT”. Then I asked her whether I was under arrest, she said no. I then asked, am I free to go. She didn't answer. Then the short woman dressed in the police uniform asked to see my driver’s license. I told her I haven't done anything wrong. She asked me whether I had a driver’s license. I said that I didn’t need one due to a court case in Melbourne with the following outcome: - A magistrate has now ruled the Road Safety Act does not give police the unfettered power to stop motorists without suspicion. Magistrate Duncan Reynolds ruled "there is no common law power vested in police giving them the unfettered right to stop or detain a person and seek identification details. “Nor, is s.59 of the (Road Safety) Act a statutory source of such power." A copy of this document is marked “DOC2” and is attached to this affidavit. I said I don't have to hand over my license as I haven't done anything wrong and I am not under arrest. She said if I didn't hand over my license she would arrest me and force me to go with her back to Horsham police station. She had a gun and was acting menacingly towards me, so I handed over my license under duress.
The Affiant declared that I had no wish to contract with her. I continued to ask her for her ID and name, but she refused to give them to me to prove she was in fact a police officer and not an imposter. She then told me she wanted me to blow into a little hand held machine she had, it looked like a Breathalyzer used to determine the amount of alcohol on a person's breath. I asked what would happen if I refused. She said that she would arrest me. So I was forced to blow into his machine under pain of being arrested even though she had said I was not under arrest?? She then produced another thing she called a drug swipe and ordered me under threat of being arrested to rub it on my tongue. I went to talk to her again about the case above and she didn’t say a word. She advised me that she was filming me as I was her, after a while the woman came back to the car window she told me I was not free to go. I was forced to stay at the side of the road against my will without being charged or being told I was under arrest, for at least 28 minutes.
The Affiant believes that the Infringement's Court is a computer court, (current system of 'fines' and 'infringements' are automated via central computer system) and the Magistrate's court is a court of process presided over by a single magistrate, these courts are not courts of competent jurisdiction and pursuant to Section 8, Sub-section 12 of the Imperial Acts Application Act, upon which the Commonwealth of Australia Constitution is based, where is states that all fines and forfeitures before conviction are illegal and void and accordingly. “Enforcement Order Notices” are also null and void and of no legal force or effect.
The Affiant declares that he was not a voluntary party and only acted under duress. I was told that my license had been suspended under Section 25 of the road safely act 1986 as a result of demerit points, And I was also was under arrest for breach of parole for drive a motor vehicle without a valid license. Despite being informed by Constable LEE A M BIRTHISEL that I would be able to make a phone call when conveyed back to the police station that was not offered. I was unlawfully incarcerated for 8 days before I was allowed to make a phone call to let anyone know where I was.
On the 1/12/2014 at 6pm after 82 days the Affiant declares I was released from jail with no money and told that I had to make my own way home (365kms). On the 18/12/2015 I received a COURT REQUEST by Victoria Police Ref. 16860 dated 13 / 11 / 2014. A copy of this document is marked “DOC1” and is attached to this affidavit.
The Affiant declare that as can be seen from the information contained within, I do not consent to the jurisdiction of this Magistrate court and as no Magistrates have been correctly sworn in they have no authority to act as Magistrates and it is fraudulent for them to do so.
The Affiant maintains that, pursuant to Section 115 of the Commonwealth of Australia Constitution Act 1900 (UK) and Sections 9, 11, 16 & 22 of the Currency Act 1965, there is no way to lawfully and constitutionally discharge this alleged debt.
The Affiant declares that in the correspondence I’ve received from the plaintiffs they have failed to:- 1. Provide evidence for the alleged offense. 2. Provide any validity of claim. 3. Provide two witnesses as required by law. 4. Provide medical evidence pertaining to physical injuries requiring compensation to anyone within common law. 5. Provide any evidence that I am an employee of your company, thus being subject to your company statutes.
The Affiant declare that for the reasons above and those made clear in the attachments this case should be dismissed.
The Affiant further declares that only a Court of Common Law jurisdiction before a Jury of 12 good men can adjudicate any “alleged offence” I require you to bring to the court all the above in addition to- 1. Authorised King James Bible 2. Oxford Dictionary, 3. Black’s Law Dictionary 7th Edition, 4. Uniform Commercial Code (COMMERCE)
The Defendant claims costs.
Respondent’s failure to provide the Affiant with a verified rebuttal to this affidavit point-by-point no later than ten (10) days from the date of issuance, or request additional time to comply, will comprise Respondent’s agreement with and confession of all facts herein, in perpetuity, the said confession being res judicata and stare decisis.
All words herein are as Affiant defines them.
“We, a man commonly known as Colin James Medley (Affiant), on my own unlimited commercial liability, certify that I have read the above affidavit and do know that the facts contained are true, correct and complete, not misleading, the truth, the whole truth and nothing but the truth.”
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No part of this “DOC” or any of its contents may be reproduced, copied, modified or adapted, without the prior written consent of the author, unless otherwise indicated for stand-alone materials.
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