The Court Of Public Opinion – Private Prosecution Update

To good people everywhere, following my last blog post my Private Prosecution of a FACS caseworker returned to the Newcastle Local Court on Friday the 9th of November before Magistrate Stone. As the crown solicitor defending her has previously stated, he has written to the Director of Public Prosecutions Lloyd Babb in person requesting that Mr Babb takeover my Private Prosecution and simply close it down not allowing me or the public the right to even have the matter heard.
As this document is marked sensitive legal I cannot share its contents here, but as I am now in the Court Of Public Opinion and thousands of people witnessed the removal of this child from both  myself, the family and The Church of Ubuntu on social media, I am sharing with you all my response to his arguments and actions, much of which I will use for my submission to Mr Babb. This matter is listed for next mention on December the 7th in the Local Court Newcastle and I humbly request the presence of all of you that care about, not just this one child, but who care about all of our unlawfully removed children, to please attend. Children now both black and white and any other colour or race or socio economic background.
I also ask that you consider writing directly to Mr Babb explaining why as a member of the public you want this matter heard and not just shut down without even so much as a hearing.
All You Need is Love xxx Pastor Paul

The 11th Day of the 11th Month 2018

By email: ##############@cso.nsw.gov.au

And shared without prejudice to the court of public opinion with names respectfully redacted.

Dear Mr #######

Paul Burton v FACS Caseworker: Private Prosecution

Dear Mr #######

You stated in your first letter received on the 8th of November the following quote,

“As Kirby P (as he then was) said in Price v Ferris (1994) 34 NSWLR 704 at p 707, the object of having a Director of Public Prosecutions is:”to ensure a high degree of independence in the vital task of making prosecution decisions and exercising prosecution discretions.”
It ensures that there is:                                                                          

“manifest independence in the conduct of the prosecution. It is to avoid the suspicion that important prosecutorial discretions will be exercised otherwise than on neutral grounds. It is to avoid the suspicion, and to answer the occasional allegation, that the prosecution may not be conducted with appropriate vigour.”

Do you suggest Mr ####### that when the director of public prosecutions (DPP) shut down the previous prosecution on the grounds that an element or elements were missing, and in the current case where you suggest a different element or elements are also missing, that they were exercised on neutral grounds?

If that is the case, can you please explain why they claim those elements were missing when it is arguable they are not? But in my criminal matter, where I have been charged by the DPP using the child abuse and sex crimes department (notwithstanding there is no child abuse or sex crime), and that the three charges relating to the interim order had expired, there was no time duration listed and therefore elements were most certainly missing, and yet the DPP have charged and pursued those charges with absolute vigor even contesting a notice of motion to have those three charges thrown out. That matter is of course now before the supreme court, however with all of my legal experiences in the last 18 months, it is of course of little wonder that I am fast coming to the conclusion that there may well be no rule of law.

In my case they had and could not have had reasonable and probable cause on those three charges relating to the expired suppression order, yet they charged and maintain those charges. Would you still like to argue that the DPP exercise their prosecutorial discretion neutrally?

Thousands of people have seen all of this and the event that created all of this, they appear reasonable people to me and these reasonable people like myself, believe this entire situation stinks! They believe that I was charged by the DPP because your office asked them to at the behest of The Secretary of FACS and you shut down my private prosecution because your office asked them to and there is no neutrality.

Not only that but when I seek legal redress for being charged with offences that cannot possibly succeed because of an absolute undeniable missing element, I am pursued on all counts.

If you believe that this does not bring the administration of justice into disrepute then I suggest you are closing your eyes to reality.

You further state,

“The Director’s functions are carried out independently of the courts. “Our courts do not purport to exercise control over the institution or continuation of criminal proceedings, save where it is necessary to do so to prevent an abuse of process or to ensure a fair trial.”

Again what the people see is that the Court did NOT act to prevent an abuse of process. In fact they accepted the submission of the DPP that the charges relating to an expired suppression order with no reasonable and probable cause and no chance of conviction, should remain on foot. In other words I must stand my trial on charges that cannot possibly succeed, that is, the three charges relating to the expired interim order. It appears the DPP doesn’t wish to admit that they were either vexatious or incompetent or both, and yet they would close a private prosecution at the behest of their “statutory mates” because they claim an element is missing when there is a very arguable proposition deserved of a hearing.

In fact in your second letter on the 8th of November you imply I am not really a Minister and the Church was not really a Church and these elements are possibly missing yet in the charges against me in the criminal matter the elements are absolutely missing, and yet you still vigorously pursue those charges.

I might also add that in your letter to Mr Babb in person requesting this matter be shutdown, you remove much significant key information from my brief of evidence (BOE) that you have decided and consider irrelevant. That is, much of the brief you have omitted so in my opinion Mr Babb could not possibly make a fair and just decision in this matter, you list 14 items but my brief has 23 items then item 24, a USB, has a further 13 items including videos, how much is missing Mr #######? And why do you not provide Mr Babb with the actual brief of evidence I provided? Perhaps it is your clients position that it is appropriate to significantly edit a prosecutions BOE, and that would at least explain why he determined there wasn’t enough information in my original BOE with the first private prosecution. Anyway, it certainly shows the lengths the crown at the behest of FACS will go to hide their disgraceful activities and their lies and deceit. Also considering this child was one of three children I know that were taken within a matter of weeks all of whom were forced onto an unlicensed medicinal cannabis program as a matter of absolute necessity. This program was known to the government and even assisted the government through the pelican study, many authorities knew and yet FACS still swept in and ripped those children from loving families and would rather have those children abused in care than own their own disgraceful actions.

And you then go on to imply that I am not a Minister of Religion well I will return by implying that you work for the devil himself. Lets spare a moments prayer for all the other children not on an unlicensed medicinal cannabis program that FACS steal for profit and possibly other nefarious reasons using section 43 of the Child Protection Act.

Both yourself and the DPP further state that my private prosecution is brought for an inappropriate purpose and that it is to challenge the use of section 43 by FACS and yet FACS do not follow any of their own guidelines for child removals using section 43. Then once in the closed children’s courts who would ever know as everything is then suppressed and silenced from the public, all of course in the interests of the poor abused children who rarely if ever end up in a better situation than before they were removed, most as we all know or many have experienced, end up in far worse situations. My Private Prosecution is most certainly not for an inappropriate purpose Mr ####### it simply, through an expression of the facts and Truth, as a natural byproduct, brings into the light how appalling and disgraceful your client FACS actually is with everything they do.

Interestingly you also quote the following in your letter to Mr Babb requesting this Private Prosecution be closed.

“The elements of the offence

56. obstructing member of the clergy in discharge of his or her duties                                   whosoever:                                                                                                                          

By threat or force prevents, or endeavours to prevent, any member of the clergy, or other person duly authorized in that behalf, from officiating in a place of divine worship, or from the performance of his or her duty in the lawful burial of the dead in a burialplace, or

Strikes, or offers an violence to, any member of the clergy, or minister engaged in, or to the knowledge of the offender about to engage in, any of the duties aforesaid, or going to perform the same,

Shall be liable to imprisonment for two years.

The offence is listed in table 2 of schedule 1 to the Criminal Procedure Act and therefore is to be dealt with summarily unless the prosecutor elects otherwise. The maximum penalty which can be imposed when dealt with summarily is two years or a fine of 50 penalty units or both; see s. 268 criminal procedure act.”

I note that in our discussion before his honour Judge Fagan in the supreme court (before he used his inherent powers to override a high court ruling) that I explained and you have agreed, I am the prosecutor in this matter and that as the prosecutor I have elected a jury as is my right, you both denied I had this right but I note again the legislation clearly states otherwise.

I haven’t even mentioned the simultaneous equity court matter now running for some 18 months for identical charges where I am silenced from speaking truth in the very court born from the chancery and based on divine laws of equality and conscience, you claim I am not a Minister and I claim you work for the devil and I further claim the courts appear to have forgotten their own foundation, The Holy Bible, the coat of arms behind each judge states “God is my right” and so I pray for you all as God is my right.

If you believe that all of this proves prosecutorial independence, neutrality and that it does not bring the administration of justice into disrepute then you have a very different view to the thousands of people if not millions that think otherwise.

On the contrary with all the circumstances taken into account it shows absolute bias and lack of neutrality.

My views are not that of one single person Mr ####### there were and are thousands of people that witnessed this event and they have all lost faith in the system, and it should be apparent to you as to exactly why.

I and the people believe I cannot win nor could I ever win, amidst this most one sided and weighted system, so I now take my matters to the court of public opinion so at the very least everyone will know exactly who and what you represent and the lengths to which you will go, to hide the Truth from the public.

I believe the state of NSW traffics children for greed and profit Mr ####### , thousands of them, and parents everywhere have no hope and the devil claims that I am not a man of God.

We will all pray for you and all those who condone these actions.

Kindest regards and God Bless,

Pastor

Paul Robert Burton

“atmano mokshatham jagat hitaya cha”

For One’s own welfare and the welfare of all. – Swami Vivekananda

“Speak out on behalf of the voiceless, and for the rights of all who are vulnerable.”- Prov 31:8

“Not by power nor by might, but by spirit sayeth The Lord” – Book of Zechariah 4:6

Aunty Mimmie (Elizabeth Humble) passed away on Sunday January 28th 2018, she started the Grandmothers against removals with Aunty Hazel and was never re-united with her children. I do as you ask Aunty for all the stolen children.  At least you were able to share with His Honour Justice Robb in the Supreme Court before you returned to the Lord.

Download (PDF, Unknown)

Without Prejudice The End Of The Rule Of Law

Without Prejudice The End Of The Rule Of Law

To good people everywhere, on the 31st October I appeared in the supreme court of nsw and I wish to share with you all exactly what transpired, I must further report that this was without doubt the most profound day of court that I have ever experienced, with what I believe are far reaching ramifications for us all. I will endeavour to give you all a brief summary in a kind of court and law made easy blog post, for the meek, the humble, and the poor. Of course that in itself is somewhat of a conundrum, as court and law are most certainly neither easy, nor for the meek, nor the humble, and especially not for the poor.

Let me explain……………….

I summoned the local court of  nsw (as you don’t identify the magistrate in person on a summons,  in this instance magistrate Bugden) to the supreme court of nsw using what are called orders in the nature of certiorari and mandamus, which are orders to have a matter heard in a superior jurisdiction then returned to be heard according to law. In English this means a request for a judicial review of a lower court decision. That is, you summons the decision of the local court to the supreme court using an order in the nature of certiorari,  the supreme court then hears the matter and if successful, it is then sent back to the local court to have the matter heard according to law, an order in the nature of mandamus.  The reason I did this with my private prosecution against a facs caseworker is because magistrate bugden dismissed my notice of motion (nom) that raised the argument that the crown solicitor could not be a solicitor for the facs caseworker. In a nutshell, with my nom I argued that although under section 44 of the legal profession uniform law applications act 2014, the crown has the right to defend a public officer,  that could not be the case if it brings the administration of justice into disrepute in the eyes of the reasonable person properly informed. The legal profession uniform law australian solicitors conduct rules 2015 part 2, 3.1 make it quite clear that solicitors have a PARAMOUNT duty to the administration of justice and to the extent that there is a conflict with other laws this paramount duty prevails. So  if the administration of justice is brought into disrepute then it would surely override all other acts or statutory instruments.

The offence under section 56 of the crimes act 1900 “to prevent a Minister from officiating in a Divine Place of Worship” is an indictable offence, that is  it is an offence against the crown “r”, this means I ultimately do not run the prosecution in this matter, the director of public prosecutions (dpp) will. So if the crown also defends the public officer then the matter becomes the crown v the crown, r v r . When magistrate Bugden dismissed my nom he most regrettably failed to give me any reasons, that is, he didn’t explain why, he just said in my words,  I reject your proposal Mr Burton and I’m going with the crown . Failure to give reasons is an error of law, there are significant high court authorities to support this,  so I appealed his decision  to the supreme court with orders in the nature of certiorari and mandamus. 

Ok i hope you are all following so far, and lets not forget this is one small part of now five court matters I have running, some of which have been going for some 18 months, full-time no income, amidst two successful defamation cases against multinational media corporations in what I guess you could call an enormous legal shitstorm! Please forgive the language, and all around one event involving a helpless innocent much loved child shockingly and violently removed from his kind and loving family and witnessed by millions of people on social media.

After receiving the transcript of the local court in the supreme court and then two adjournments, so about four months, the crown solicitor finally agreed I was correct as there was a high court authority supporting my argument and consequently they seceded they would not contest my summons to the supreme court , that is, the crown solicitor wrote to me without prejudice and said that effectively I had won. We then discussed costs via email and he also agreed to the sum of $1123 to pay the filing fee for the summons and about $150 to cover everything else. Although I considered $150 pretty lame considering these guys get $1000’s, I decided it’s a win. Consequently I agreed  and the matter would then go to a duty judge not a supreme court judge as I did not need to argue my case, they had seceded. So on the 31st October I was expecting the matter to go with my approval, to a duty judge then a brief discussion about costs, and that the matter would then be sent back to the magistrate in Newcastle to be heard according to law. So this time he would give me reasons as to why he dismissed my notice of motion and I could then decide whether to appeal his reasoning.

I hope you are all with me here so far …………

So both the crown solicitor and I  went before the registrar on the 31st October, and I agreed to go to the duty judge so we changed courtrooms and appeared before judge Fagan.  We waited for about an hour in that courtroom while another matter was heard, then up we went. Judge Fagan in the first thirty minutes or so appeared pretty cool, and not only did it appear that the matter was going to go back to the local court so the magistrate would have to give reasons, but it also appeared that he may even consider an order that the facs caseworker have a private solicitor not the crown, so we would all be happy and move forward i.e. he appeared to recognise the validity of my argument in the local court. I though to myself this is most excellent, let justice prevail. 

Then after lunch when we reconvened he did something most unusual, he used what he called a judges discretion, or inherent power whereby he completely overrode a high court authority and dismissed my appeal. What the ? let me explain,  so it now goes back to the local court but the magistrate does not have to give me any reasons for dismissing my argument, he and the crown then agreed that each party pay their own costs further encumbering me with the $1123 filing fee as the matter has concluded. So the local court  magistrate does not have to give me any reasons whatsoever for dismissing my argument and as a consequence in my understanding, neither the local court or the supreme court will need to ever give me any reasons for any arguments ever again.

Following the closing of the matter the crown solicitor also made it quite clear that if I appealed there would be serious ramifications as law was no game, and that the figure this time could have been $20,000 to $30,000,  but next time they would not be so kind, and that this was serious stuff. In my words “look out Mr Burton lay off now, you are going nowhere with this , suck it up or this could get real messy for you ! you can’t win anyway,  give it up, game over, pack your bags and leave us real men alone !  and what ever you do don’t you dare appeal this matter or your screwed no matter what you do or say or no matter what arguments you raise.”

There were nine people present that witnessed the above proceedings and events so I can confirm with you all beyond any reasonable doubt that what I have shared is true and correct, to the best of my knowledge and ability.

Robin Varian, Sandy Riley, Meredith Louise Moonsoul Wilson,  Laura Inglis, Barry John Futter, Stella Rae Lucas, Fred Freedom, Karen Burge and  Belinda Doonar. 

Consequently I have concluded that even if I present good solid arguments with intelligent reasoning at Law, the courts can do what ever they want and not even answer my arguments. I have also concluded that I cannot possibly win because judges have the inherent power, that is the judicial discretion to completely ignore any well founded argument without answering it, and can and do override any high court authority rendering null and void any concept that I believe even remotely approaches that of the rule of law. My only conclusion is that even if I appealed this matter, then how could I possibly ever win ? So recognising this I have realised and proven beyond any  reasonable doubt that there is no Justice in the court system and the rule of law does not exist.

I am also now somewhat concerned for my welfare as I believe what was said to me could be conceived as a veiled threat pending my choices, and I further believe these people would stop at nothing to hide the truth of their shocking conduct from the Australian public. This way they can continue to rip children from good families and as I explained to judge Fagen, private prosecutions do not really exist as a judge has an inherent power and the judicial discretion to override any high or supreme court authority hence rendering any legal argument a complete and utter waste of time and effort. In my opinion we are most certainly not a democracy and I believe the court system is no longer any kind of solution nor does it have anything remotely to do with Truth or Justice.

So despite the fact that I cannot possibly win, do I appeal the matter and then lose and get bankrupted as there is no rule of law, or do I perhaps take my fight to the Court of Public Opinion.  Also,  since I am criminally charged with another matter in the supreme court and the equity suppression matter is also now in the supreme court of appeal, and the supreme court can and does override any argument without having to give reasons, how can I possibly win any of these matters? I cannot. So I am destined no matter what I do or how I argue my cases to eventually lose with possible dire ramifications, for doing nothing more than 4 million other people have done and are still doing on facebook. That is, speaking the Truth about the unlawful removal of a beautiful much loved helpless defenceless severely compromised child, and sharing his name and picture.

I have also sadly concluded that if you are in nsw and have your child or children removed from your care, you have absolutely no chance of ever getting them back through the justice system. That is, the state then owns your children and they steal them for profit and other nefarious reasons and if you are unfortunate enough to have this happen to you, like most indigenous australians, you will never ever get any justice in a legal system as the rule of law is completely  non existent. I have now investigated over 100 cases and I have  found only one success story, a man who knew his common law rights and was prepared to fight to the death for his grandchild. I believe the reason he was successful is because he meant every single word he said and was prepared to act on it.

This private prosecution now returns on 9th of November to the Newcastle local court, whereby the crown solicitor will again ask the presiding magistrate to send the matter to the director of public prosecutions and simply shut the matter down, like he did with my first private prosecution. Remember this is not the first time,  so I will never ever even get a hearing. That is, despite magistrate Stone seeing a shocking video of the child’s removal about seventeen months ago, that I provided in my comprehensive brief of evidence showing the truth of the entire event, and agreeing all the elements were present, and the matter deserved to be heard. It will in my opinion get shut down even though I haven’t even asked for the matter to be determined in my favour, I have only ever asked for the simple right to have the matter heard. Let us also not forget that not one public officer identified themselves when they removed the child and as the first private prosecution was dismissed with the dpp claiming that the facs caseworker was not present , how do we know any of them are using their real names and that their identities are correct, or even if the dpp is actually telling the truth.

I believe now is the time to enlist the help of all of you, lets call it the  Court of Public Opinion. I am considering all of my options, but I will need your help to decide what is the best thing to do. I will be considering appealing the supreme court matter, I will also be considering releasing everything to the public, this may breach my suppression orders as they are currently using the court of Equity to suppress Truth.  I will also be discussing the use of violence when one becomes the monster one wishes to overthrow, and fasting so as not to do violence to those that steal our children and use the courts to support them. I will also consider anything else that any of you would like to contribute to assist me with this most significant decision.

What I do know and I am very very clear about, is that I cannot and will not allow this sick evil demonic government department called facs to continue to steal our children with no right or justification, and I cannot possibly live with the knowing that those stolen children are being abused and in some cases shockingly abused and murdered, and that all of this is condoned by what I now truly  believe is a judicial system that operates with no rule of law.

I believe from my own personal real life living experiences, that any person who has lost a child or children to this system has absolutely no hope of ever getting their children back through this court system, it is literally impossible. This is why good parents are now having to steal their own children back and fleeing and hiding with them. You all have to make your own choice as to what you are going to do, but I am inches away from making mine and I have had enough, who in my position would not feel the same.

I hope you will help me with your ideas and input and I hope some of you support me on the 9th of November in Newcastle Local Court and all the subsequent dates with my other legal matters.

All You Need Is Love xxx Pastor Paul

The following are redacted copies of the relevant documents for the above blog post. Interestingly I may breach my suppression orders if I release the names of the facs caseworkers that are freely available within court judgements and currently on the online registry.

Download (PDF, Unknown)

Download (PDF, Unknown)

Download (PDF, Unknown)

Pastor Paul October Court Update

To good people everywhere. 

I am in the Supreme Court Tomorrow 17th Oct from 9am for further directions concerning my Appeal of the Private Prosecution against a FACS caseworker relating to an event that occurred around 18 months ago. This event concerned what I believe was an unlawful abduction of a much loved and highly compromised child forcibly removed from his loving family and community. 

The matter is only before a Registrar for further directions and in my understanding it is to set a timeline to hear my Appeal and reasons, or more to the point, the lack of reasons provided. This path of Appeal was chosen by me to prevent the administration of justice being thrown even further into disrepute and  in part to prevent this matter from being shut down yet again without even allowing it the right to be heard, let alone determined. The matter is in an Open Court as is generally the case in most Court matters in a Representative Democracy.

The second matter on Monday the 22nd Oct at 2.30pm is also before a Registrar but it is  in the Supreme Court Of Appeal to set a date for my Appeal of Equity Court Suppression Orders. In this matter myself and Dr Andrew Katelaris as Second Defendant  can possibly be punished with up to, and including, life imprisonment for simply publishing the undeniable truth about something seen and shared and also already published by millions of people on social media throughout Australia and the world. It has been listed as a Closed Court and I intend to  raise my concerns about this in that Court on the day. 

I welcome all to attend my Court matters as Courts are generally open, this is one of the founding principles of a Representative Democracy and of course reflects the extreme importance of the principles of open justice. If the Court is closed as is now stipulated online, they will of course have to let me know at Court, and if any of you do wish to attend, would you all be kind enough to wait outside the court room until the matter is concluded. My concern at this time is I myself do not know in which Court room I am to appear?  so I am presuming I must be notified or the courtroom will appear online or I could not even appear at my own Appeal? It may be the case that the Registrar will notify me and instruct me to not inform anyone ? of course I would have to respect the Courts decision in this regard but I am confused as to why they would do this when the Equity matter itself was in an open Court? that many of you attended for many months. Even though if this matter is closed and you could not then attend in court, I would still very much appreciate some support as I have significant concerns that I believe are well founded and I am fast losing faith in our judicial system and the probability of a fair and just legal remedy. I can conceive of no reason why a simple matter of setting a date to hear my argument for Right of Appeal would be in a Closed Court other than to make an example of me, instil Fear in the people, to further erode public confidence in our legal system, and has the unfortunate byproduct of casting some serious doubts on the impartiality and intentions of those within the Supreme Court Judiciary. I believe to close the Court is highly inappropriate and I will pray sincerely that some wisdom prevails and that our Lord God and Creator supports and guides me at this time. If for any reason me feeling like this is in error through some misunderstanding of judicial processes, I apologise to all, but I cannot think of any noble or righteous reason why this matter be closed other than possibly that I may have been inadvertently mistaken for a child in the Closed Children’s Court for this is what happens to everyone of them. I often wonder how many children like myself, are completely innocent and really nothing more than silenced helpless victims of an appalling failed system that not one so called  politician will even dare question whilst in office, shame on all of them.

Below is a link to the online registry Court details and a picture of Swami Vivekananda because it reminds me to keep my thoughts in Love and Peace and to remain positive and fearless.

All You Need Is Love xxx PRB

“Atmano mokshatham jagat hitaya cha”
For One’s own welfare and the welfare of all.- Swami Vivekananda
 “Speak out on behalf of the voiceless, and for the rights of all who are vulnerable.” – Prov 31:8
“Not by power nor by might, but by spirit sayeth The Lord”- Book of  Zechariah 4:6

(click link to online registry for details)

Paul Robert Burton