Friday 2 November 2012

Free Man - a Commissioner of the Royal Court speaks

I had the opportunity this week to attend the Royal Court to seek leave to appeal against a decision of the Jersey Employment Tribunal.

Having explored exactly how to beat a proceeding in the Magistrate's Court it was time to take on supposedly more difficult opposition; the Jersey Employment Tribunal.

It was a highly educational and informative session as usual. The case I presented was sufficiently interesting and complicated to conclude with a reserved judgement pending further research. I shan't go into the details of the case as they are sub-judice, but I hope of course to continue my winning streak against the forces of repression and hopefully see an end to the Employment (Jersey) Law 2003, a law which serves little effective purpose other than to increase unemployment in Jersey.

I submitted my paperwork, detailing the free man position that jurisdiction must first be established.

The Commissioner asked me where I had developed the theory from, to which I naturally replied from a study of the Torah (the old Testament), the Mitzvah (the 611 Commandments of the Jewish faith) and the Talmud (Rabbinical Opinions on the Torah and Mitzvah).

The follow up question was, has any lawyer ever given you an opinion on this, to which I had to state that, no they had all told me that it was not the case.

The Commissioner stated that obviously they had jurisdiction over me as I was physically in the Island of Jersey.

My attempts to prolong the discussion and question whether physical location can alone grant jurisdiction were talked over. I didn't press the point on this occasion as I believe there are sufficient grounds to win the case and because the manner in which the argument had been presented in the paperwork was incorrect and would not be upheld.

I did though point out that God would judge us all to which he replied, "Yes I agree with you, but that is in a different jurisdiction".

Well, that is entirely the point, it is that jurisdiction, God's jurisdiction, in which all free men operate, exclusively. It is that jurisdiction which grants everyone free will. When Queen Elizabeth II was crowned she indicated by oath that the Bible IS the Royal Law, the basis from which all customary law (Common Law) was developed over many centuries.

It is government's role in seeking to restrict the rights of everyone to a greater extent than the Bible suggests which is of questionable morality, to place us within the man made jurisdictions of modern nation states (and crown dependencies) and burden us with laws, which are not laws of morality, but written solely to make easier the operation of the state, to fund the state or to prevent expenditure by the state.

I have moved one step closer to fully understanding the argument however. Next time I present it, I can make it a little more complete and a little more difficult to nay-say and I dare say repeat the process of refinement, eventually the answer will be complete.

This is a long and complicated process which requires the gradual unpicking the history of how modern law has been developed, and to answer the question, 'Just how did we, our society and our government end up like this?' I am unpicking it from both ends slowly, explained, every step of the way, by the finest legal minds in Jersey today.

As to the case well, in the end the judge having agreed that the Jersey Employment Tribunal was clearly mistaken, but was unclear as to whether the Royal Court had the power to intercede at this point. Apparently the Employment Law (Jersey) 2003 is deliberately written so as to severely restrict the power of the Royal Court to intervene. We shall see what the final decision is in due course no doubt.

3 comments:

  1. ''The Commissioner stated that obviously they had jurisdiction over me as I was physically in the Island of Jersey.''

    The above statement is an open ended statement by the commissioner isn't it?

    ''they'' being who? ''you'' being what? ''physically'' being what?
    Legal fiction or the natural living breathing man
    The court omitted the fact you have rebutted the Courts assumption in Jurisdiction

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  2. Well done Darius, thank you for informing and educating.

    It could be a bestseller if after careful thought, a manual for the layperson, (which is just about all of us) were taught how to conduct a case against an unfair judicial system and win on legal grounds.

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  3. Very interesting challenge.
    Of course all Jersey tribunals need to be challenged because they often prevent people from achieving "justice" rather than helping. Courts, inquests, Complaints Boards against Government Decisions, Social Security "appeals", Parish Hall "inquiries" and much much more need to be subjected to scrutiny and reform but we lack people with the knowledge and resources to do so.
    Obviously, so much more could and should be examined through the States by "our elected reps" but you and I know full well that the doctor cannot heal himself.
    Let us know what happens....

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