Subject: HEY JACKBOOT JOHNNY, I'VE STILL GOT MY
GUNS
Date: Wed, 5 Aug 1998 16:59:02 +-1000
MARTIN ESSENBERG
Lot 7 Runnymede Estate Rd
Nanango, 4615 Australia
(07) 41-632-423 (ah)
e-mail- marsiegen@peg.apc.org
web-page
Could any-one receiving this e-mail please forward it on to pro-gun friends or legal people.
Hi all,
I am due in Kingaroy court this Friday 7th August 98. I have been given some welcome assistance to get my defence together and originals of the documents at the bottom of the page were lodged with the court this morning (Wednesday).
In these documents it is stated that the New Gun Laws are illegal because they breach the CONSTITUTION , accuses the Parliamentarians who passed the New Gun Laws of SEDITION, requests a trial by JURY and an adjournment.
This is heavy stuff for confiscating my AIR RIFLE (well 2 air rifles and 2x .22 rifles actually)
I will let you know how it goes.
If you want to be added to my address list (or deleted) let me know.
I still need monetary support to keep my campaign going. Some generous people have already offered me assistance. If you are able to assist me send cheques made payable to:
Roberts, Mason & co, Solicitors, Trust Account
P.O. Box 235
Kingaroy, Queensland, 4610
Attention P. Kuskie - Re Martin Essenberg Defence Fund
_______________________________________________________________
In the Magistrates court held at Kingaroy on 7 day of August 1998.
The Queen ( in right of the State of Queensland) V Martin Essenberg, a subject of the Queen of Australia.
AFFIDAVIT
I, MARTIN ESSENBERG of Lot 7 Runnymede est Rd, Nanango in the State of Queensland, make oath and say as follows :
1.I am the DEPONENT and a citizen of the Queen in Right of the Commonwealth.
2. I challenge as "ultra vires" the right of the Parliament of the State of Queensland to pass laws to the prejudice of the Queen of Australia and my right to assist Her in the defence of the Realm.
3. The State of Queensland has made an Act of Sedition contrary to Section 24 A Crimes Act 1914 by passing an Act contrary to federal Law.
4. An Act made contrary to Federal Law is not an Act enforcible in any Court of Queensland.
5. It is one thing to offer to purchase weapons from the population for the purposes of defending the Realm but is an Act of Treachery to do an Act of purchasing weapons for the destruction thereof which diminish and undermine the Capability of the Queen of Australia to carry out Her obligations under the Constitution to defend the States of Australia as She has taken upon Herself in Section 51 Placitum (VI) Constitution.
6. Every citizen has a duty to take up arms and present himself for military service in cases of emergency and any Act of Parliament made by a State of the Commonwealth which diminishes the capability of a citizen to do his or her public duty effectively and quickly is the Act of a traitor.
7. The Act of the Queensland Parliament has successfully promoted feelings of ill will and hostility between different classes of her majesty's subjects so as to endanger the peace, order and good government of the Commonwealth by making a law that contravenes Section 24A (g) Crimes Act 1914.
_________________________________________________________
Deponent A Justice of the Peace.
8. Any person involved in an illegal attempt, or who has illegally passed a bill to give effect to a seditious intention has committed a crime against the laws of the Commonwealth and the parliament of the State of Queensland has attempted to undermine and destroy the rights of the Queen of Australia and as such, the members of Parliament who have attempted seition should be charged.
9. Lawlessness by a State Government and its servants, the Police Officers cannot be tolerated because the very fabric of society demands obedience to the law by everybody.
10.I truly believe it is my right as a subject of the Queen and an Australian citizen to have a trial by jury for the charge of illegal possession of Firearms because:
(a)The MAGNA CARTA, CAP. XXIX says: "NO freeman shall be taken, or imprisoned, or be disseised 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 (a, unless by the lawful judgment of his Peers, or by the law of the land. To no one will we sell, to no one will we deny or delay, Right or Justice."
(b)The CONFIRMATIO CARTARUM, CAP. II says: "AND we will, that if any Judgments be given from henceforth contrary to the Points of the Charters aforesaid by the Justices, or by any other Officers that hold the Plea before them against the Points of the Charters, they shall be undone, and holden for nought."
(c)The AUSTRALIAN CONSTITUTION (63 and 64 Vict.), Commonwealth of Australia (CH 12) Constitution Act s.80 says: "The trial on indictment of any offence against any law of the Commonwealth shall be by jury, ...".
(d)Clause 5 of the CONSTITUTION ACT says: "This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and the people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State: ...".
(e)Clause 3 of the CONSTITUTION ACT proclaimed "that ... the people of New South Wales, Victoria (etc) ... shall be united in a Federal Commonwealth under the name of the Commonwealth of Australia."
(f)The lack of a trial by jury would undermine our existing rights enshrined for seven centuries since Magna Carta.
11. The MAGNA CARTA, CAP. I says: "We have granted also, (and given) to all the freemen of our realm, for us and our Heirs for evermore, (all the) liberties underwritten, to have and to hold to them and their Heirs, of us and our Heirs, for evermore."
12. Therefore, this, with the Australian Constitution and the 1988 referendum and the Confirmatio Cartarum, establishes the fact that trial by jury for illegal possession of firearms cannot be made obsolete. ___________________________________________________________
Deponent A Justice of the Peace
13. This Action by the State of Queensland is alleged to be in Contravention of the Constitution and involves its interpretation, and by virtue of section 78B Judiciary Act 1903 it is the duty of the Magistrates Court to adjourn the matter for such time as to allow a notice under section 78B Judiciary Act 1903 to be made and delivered to the Attorneys general of the States and the Commonwealth.
14. It is illegal for a State to take property of an individual without granting just terms by section 51 Placitum 31 Constitution. Unless a State has a legitimate reason to take property and offers reasonable compensation then it is bound by the Constitution to desist from compulsory acquisition of any property.
15. The Attorney-General of the Commonwealth or any Attorney-General of any State, or the High Court itself, may move for the removal to the High Court of the Commonwealth of this entire matter and it is neccessary for an adjournment to allow the prospective parties to examine and consider their positions.
16. Unless I consent the materiality of the lawlessness of the State of Queensland raised by this application must be determined by a jury.
17. It has been held in the USA in the Supreme Court that the system of law we have adopted in Australia includes the right to have the validity or not of the laws passed by Parliament determined as a material fact.
Taken and sworn before me at Kingaroy this Fifth day of August 1998.
Deponent
A Justice of the Peace.
(Justice of the Peace/Solicitor)
Address for service Phone no. (07) 41 632 423
Lot 7 Runnymede est rd
Nanango 4615
_________________________________________________________________
In the Magistrates court
held at Kingaroy on 7 August 1998
The Queen ( in right of the State of Queensland) V Martin Essenberg
APPLICATION FOR ADJOURNMENT
On the grounds contained in the accompanying affidavit:
Application is made to the Magistrates Court situated at Kingaroy for an adjournment of this action and a consolidation of all other actions based upon the same Act of the Queensland into one action to allow the Attorneys -general of the states and the Commonwealth to respond to a Notice under section 78B Judiciary Act 1903 requesting intervention to resolve the conflict between the political powers of the Parliament of Queensland and the political powers of the Commonwealth.
Orders Sought:
1. An order that the matter be adjourned for one month to allow notices to be sent under section 78B Judiciary Act 1903 to the Attorney-General of the Commonwealth and the other Attorneys-General.
2. An order under section 32 Judiciary Act 1903 consolidating all actions under the Weapons Act 1990 as amended against me that the High Court may fulfil its obligations by granting complete relief in one Action.
SIGNED
Martin Essenberg
Address
Lot 7 Runnymede Est rd
Nanango 4615
_________________________________________________________________
In the Magistrates court
held at Kingaroy on 7 day of August 1998
The Queen ( in right of the State of Queensland) V Martin Essenberg
NOTICE UNDER SECTION 78B Judiciary Act 1903
NOTICE IS HEREBY GIVEN to the Attorneys-General of the Commonwealth and the States that the action against Martin Essenberg is alleged to be in breach of the Constitution in regard to the passage of the Weapons Act 1990 as amended.
The Validity of the act is challenged as being contrary to validly enacted Commonwealth law.
Signed
Martin Essenberg.
Address for service.
Lot 7 Runymede est Rd
Nanango 4616