.
-----Original Message-----
From: Colin <[EMAIL PROTECTED]>
To: Mr Mo <[EMAIL PROTECTED]>
Cc: Greg Tudehope <[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; [EMAIL PROTECTED] <[EMAIL PROTECTED]>;
[EMAIL PROTECTED] <[EMAIL PROTECTED]>;
[EMAIL PROTECTED] <[EMAIL PROTECTED]>;
[EMAIL PROTECTED] <[EMAIL PROTECTED]>; Jim Stewart
<[EMAIL PROTECTED]>; katrina hatton <[EMAIL PROTECTED], don
cameron <[EMAIL PROTECTED], [EMAIL PROTECTED], ThePremier
<[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; Tanya Simpson <[EMAIL PROTECTED]>; Alex
Amankwah <[EMAIL PROTECTED]>; richardgarnaut
<[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; Carmel Thompson <[EMAIL PROTECTED]>; Tony Hobson
<[EMAIL PROTECTED]>; judy mastwyk <[EMAIL PROTECTED]>; Janet Saleh
<[EMAIL PROTECTED]>; Mabel Gargan <[EMAIL PROTECTED]>; Diane
Gundersen <[EMAIL PROTECTED]>; Graham Keir <[EMAIL PROTECTED]>;
Selwyn Johnston <[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; [EMAIL PROTECTED] <[EMAIL PROTECTED]>;
[EMAIL PROTECTED] <[EMAIL PROTECTED]>; Martin
Essenberg <[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; [EMAIL PROTECTED] <[EMAIL PROTECTED]>;
[EMAIL PROTECTED] <[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; [EMAIL PROTECTED] <[EMAIL PROTECTED]>;
[EMAIL PROTECTED] <[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; [EMAIL PROTECTED] <[EMAIL PROTECTED]>;
Pamela Valenti <[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; Ray Platt <[EMAIL PROTECTED]>;
[EMAIL PROTECTED] <[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; John Wilson <[EMAIL PROTECTED]>;
[EMAIL PROTECTED] <[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; [EMAIL PROTECTED] <[EMAIL PROTECTED]>;
[EMAIL PROTECTED] <[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; [EMAIL PROTECTED] <[EMAIL PROTECTED]>;
[EMAIL PROTECTED] <[EMAIL PROTECTED]>; [EMAIL PROTECTED]
<[EMAIL PROTECTED]>; [EMAIL PROTECTED] <[EMAIL PROTECTED]>
Date: Monday, 7 May 2001 9:08
Subject: Human Rights
>Peter Gargan
> 12A
>Traders Lane
> 117
>Anderson St
> Cairns.
>Ph 40321272
>The Editor
>Cairns Post .
>
>Dear Sir,
>
>On the 17th April 2001, Anita Bernstrom was ordered imprisoned for
>three months for refusing to submit to a judgment of the Planning and
>Environment Court. She is in Stuart Creek in Townsville.
>
>One would not think that to disobey a judge was a terrible crime
>sufficient to take a mother away from her 10 year old son, and put her
>beyond help. The judge ordered that even if she paid the fine, she had
>to stay there.
>
>Anita Bernstrom applied to Supreme Court in Townsville for her freedom
>under the habeas corpus but because another judge in Brisbane once
>again sitting alone had decided in a case where a citizens freedom was
>not at stake, that the reason why she said she should be released did
>not apply to her, The Court refused her habeas corpus.
>
>Anita Bernstrom believes the Planning and Environment Court has
>trespassed upon her land, and she is imprisoned even though the Cairns
>City Council is quite happy to allow her to use her land as she is.
>She is convinced that the neighbour who prosecuted her, is simply
>wanting to buy her land.
>
> She does not believe a man can, without taking the advice of 12 people
>as a jury, lock a mother away from her son, to enforce his will. She
>believes this is a trespass to her person and is absolutely determined
>not to eat anything until this question is satisfied in her mind.
>
>She is a very determined woman. She is now refusing to eat, and she is
>resisting all efforts to persuade her to do so. She asked me to write to
>you and tell you why.
>
>She is not eating any food because she does not believe any man should
>be allowed to trespass on her property at Freshwater and order Police
>to trespass on her body, unless a committee of 12 totally impartial
>persons from the community have decided that her ownership of the land
>and her body is not sufficient to protect her. She wants a jury to
>decide if that belief is a crime worthy of jail.
>
>Anita Bernstrom does not believe even the Parliament can give a man
>power to trespass upon her land or body, unless a jury says he can. She
>believes that is the common law of the Constitution. She wants the
>people to know that she is prepared to starve herself to death to make
>that point. She is only a small woman, but she has a big heart. Money
>was not the problem. Within a day of her imprisonment, friends had
>raised the $3,000. The Court told them to not waste it by paying it in.
>She would not be released.
>
>Anita Bernstrom believes, not without justification, that the law of
>trespass is the common law of Australia and that as Australian Common
>law, it should apply equally to her and every other Australian by
>reference to the Constitution.
>
>Until she can be persuaded that she must submit to what she believes is
>false imprisonment, then she says she will continue to starve herself,
>to death if necessary. I trust you will, in the public interest put
>Anita Bernstrom’s point of view to the public.
>
>Yours sincerely
>
>Peter Alexander Gargan
>___________________________________________________________
>
>Factual Background upon which Anita Bernstrom bases her ideas.
>
>1. Section 109 Constitution ; When a law of a State is inconsistent
>with a law of the Commonwealth , the latter shall prevail, and the
>former shall to the extent of the inconsistency be invalid.
>
>2. Anita Bernstrom is computer literate and has accessed the internet
>for cases which support her view that the Australian Common Law is
>more powerful than the Parliament of Queensland .
>
>3. She has read and understands the case of "Kable" V Director of Public
>Prosecutions of NSW, (1996) F.C 96/027 (http://www.hcourt.gov.au/)
>where the High Court overruled the doctrine of State Parliamentary
>supremacy over the Australian Constitution.
>
>4. She has read and understands Plenty v Dillon (1991) H C A 171 CLR
>635. where the High Court has stated that trespass to the body or
>property of an Australian citizen is an actionable tort, (wrong) and
>ordered two policemen in South Australia to pay $170,000 personally for
>trespass on a farmers land and body.
>
>5. She has read the doctrine of precedent which, by Section 73
>Constitution means that every judge of every court must follow the
>precedents of the High Court of Australia.
>
>6. She believes that the Australian Common Law should protect her land
>and body from trespass by any person, man or woman, unless the order
>that she be assaulted and her business destroyed is authorised by 12
>ordinary people sitting as a jury.
>
>7. Until she is disabused of these ideas, or sufficiently abused to
>decide to submit, she is continuing to starve herself.
>
>MAY BE COPIED AND DISTRIBUTED AT WILL
>
>
----------------------------------------------------------------
This is the Neither public email list, open for the public and general discussion.
To unsubscribe click here Mailto:[EMAIL PROTECTED]?Subject=unsubscribe
To subscribe click here Mailto:[EMAIL PROTECTED]?Subject=subscribe
For information on [EMAIL PROTECTED]
http://www.neither.org/lists/public-list.htm
For archives
http://www.mail-archive.com/public-list@neither.org
