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Dear Brigitte & Erica,
In the denial of my right to trial by jury I
think it should be mentioned that, in the transcript of the hearing before
Hidden J (13/2/98) in the Supreme Court, the solicitor for the
Prothonotary, a Miss Latham said "the Chief Judge at Common Law
(Hunt) directed proceedings for contempt to be pursued" and, bearing
in mind that the Chief judge at Common Law (Wood replacing Hunt) was the judge
rejecting trial by jury (like all the other judges along the way) and who sat in
judgement of the charge. How can that be an "independent and
impartial tribunal" demanded by the International Covenant on Civil and
political Rights?
Also in the transcript, LATHAM (later to
be appointed as a judge to the District Court - 7/8/98) said "The upshot is
that Magna Carta is just another statute in the law of New South Wales which is
capable of being amended or modifed by subsequent statutes enacted by the
parliament of New South Wales of which the Supreme Court is one. And rules
of course made thereunder. Accordingly, as I have said, the
requisition for trial by jury should be refused. Inless I can assist your
Honour further I don't think I can add anything." HIS HONOUR said
"Anything in reply Mr. Anstee (my barrister)?" ANSTEE:
"Nothing in reply."
Upon leaving the court I sacked my
barrister, Anstee, and solicitor, Tees.
Hidden J reserved his judgement on that day to return on
16/3/98 saying "Accordingly, any guarantee of trial by jury in Magna
Carta can be, and has been, overridden by the Supreme Court Act and
Rules as far as contempt is concerned.".
It is not difficult to see that Hidden J was not only given
his instructions behind closed doors but actually in the courtroom,
itself. My impression of Hidden J on the 16th of March was he was a
shattered man.
Regards,
John Wilson.
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