From the Summit of the Moral High Ground

Disclaimer - the following is based on my personal experience in the jurisdiction of Jersey and may not be applicable to other jurisdictions particularly those which are not common law jurisdictions. This is not legal advice which in any case would only be relevant if given with regard to the specific circumstances of the situation which gave rise to your need for advice, but it is my understanding of what the law actually means and I hope it is applicable generally. Jersey does follow the demands of justice to a greater extent than many places and I am delighted to live in a relatively safe and pleasant place, but I would like it to be much better. Myth Two - Every Statute is not a Law but a Contract Myth Three - Statutes only apply to government employees These common misconception are partly true, it is hard to unwind them individually to get to the bottom of them individually, indeed they need to be looked at together. Myth three is in fact not a myth at all, it is entire...

Ian Christmas (not an Advocate)  The prosecution of Jersey's magistrate-designate continues as the JEP reported Magistrate-designate Ian Christmas is one of four defendants accused of fraud worth almost £1.5m. When the Royal Court trial begins, it will be almost four years since Mr Christmas’ office in the Magistrate’s Court was searched by police investigating fraud. At the time, he was on the brink of being named Magistrate, and succeeding Ian Le Marquand, who is now a Senator and Home Affairs Minister. Although Mr Christmas has been working since his arrest, he has been on restricted duties and has not been sitting in court. It is understood, however, that he has still been drawing his full £110,000 to £115,000 salary.   Mr Christmas and his co-accused – John Lewis, Russell Foot and James Cameron – face between them a total of 27 counts with a combined alleged fraud of almost £1.5m.   As is usual with these cases the prosecution has tried to paint a picture...

An appeal against a decision by a Court basically involves explaining to a higher Court what prevented the lower Court from reaching a fair verdict. It is neither A second opinion or a re-trial Generally appeals will be upheld for one or more of the following reasons There was a procedural error by the Judge There was insufficient evidence adduced before the Court for the Judge to reach the verdict they reached A key piece of evidence has since been discovered which calls into question the original verdict The directions given to the jury were erroneous In effect either the Appellant must show that the Judge made an error or that sufficient new evidence has come to light which casts into doubt the original decision. There are three possible outcomes; appeal dismissed, appeal upheld and case dismissed or appeal upheld and a re-trial ordered. On appealing a parking fine it is exceptionally unlikely that there will be any new evidence that can be 'ad...

I'm going to start this post (which will be a series of posts) with a disclaimer - the following is based on my personal experience in the jurisdiction of Jersey and may not be applicable to other jurisdictions particularly those which are not common law jurisdictions. This is not legal advice which in any case would only be relevant if given with regard to the specific circumstances of the situation which gave rise to your need for advice, but it is my understanding of what the law actually means and I hope it is applicable generally. Jersey does follow the demands of justice to a great extent, but just as you are not beyond using the system to your advantage, neither are they and they have a lot more practise than you do, so let's start to balance the scales a little. If the Courts were completely corrupt then it would not matter what you said, you would be guilty anyway. Myth One - I am not a person, I am a flesh and blood man This is one of those strange phrases ...

My appeal will finally be heard on the 25th June at 10:00 am, with Cyril Vibert's to be heard at 2:30 p.m. on the same day. This is the basis of my case, with of course a few cards up one's sleeve to play at the pertinent moment. This is a matter of public record Dear Advocate O'Donnell, I have found that Persona est homo cum statu quodam consideratus  which I believe means that a man is a person with reference to a certain status, in virtue of which certain rights belong to a man and certain duties are imposed upon him. So far I can find that I have certain 'unalienable' or un-lienable rights which means that these are granted by God and no lien may be placed upon them by any man nor can any duties arise from them other than those given by God (i.e. not to kill, not to steal etc., but I'm pretty certain God never said be careful where you park your car), the States of Jersey are compelled to follow this as a result of the Universal Declaration of Hum...

Dick Falle and Robin Morris pictured today  So I had a great day out today in the Magistrate's Court, I had to wait a while to have my turn. Approximately three and a half hours to be precise but I am left somewhat perplexed by our legal team and I am afraid that appeals to the Royal Court of Jersey have been filed already. I fear that Dick Falle was ill-advised by Crown Advocate Robin Morris' incorrect assertion that the keeper of the vehicle is responsible for all parking fines when the law clearly states that it is the driver. Unlike last time MR DARIUS JAMES PEARCE was clearly able to identify the driver of the vehicle as JERSEY ONLINE TRADERS LIMITED on one occasion and NIGEL PEARCE & SON, JEWELLERS on the other, both of whom were in the Court and assured the Magistrate that this was the case and even offered to make immediate payment, but for some reason Advocate Morris seemed to forget that he served the law. At one point he was seeking to apply the penal...

The Certificate of Birth ('Short Form') belongs to the Man  Well the trial is over and I remain Not Guilty of course the question of my guilt or innocence has now been answered in open court. I was distressed to see a number of people pay up rather than take a day in custody... I am not entirely sure what a day in custody entails, but it would seem to me that it means that you walk straight out of Court. They count the day of your conviction as a full day and you cannot be held any longer than your sentence, they also only release at 9am on the morning of your release date. This of course means that if you have a two day sentence then you are released at 9am the next morning with £3 to get the bus back to town. Why anyone pays parking fines is beyond me. I refined my strategy, I really am not good in chaotic situations and I still don't see the benefit of stating the obvious (i.e. that I am a man not a person etc., etc.), nor do I enjoy making a scene or playing...

With my trial closing in I tried today to submit papers to the Court file regarding the case. I was refused permission to do so. I therefore publish it here. This is a matter of Public Record H.M. ATTORNEY GENERAL v. THE LEGAL FICTION, MR DARIUS JAMES PEARCE I, a Trustee of unlienable rights given to me by my creator, and sole authorised representative of the legal fiction DARIUS JAMES PEARCE, with God as my witness , make OATH and SAY, 1)       That on the 27 th February 2012 I attended at the Magistrate’s Court in order to represent the Legal Fiction, MR DARIUS JAMES PEARCE, but that I was unlawfully denied the opportunity to represent the aforementioned Legal Fiction, a legal fiction of which I am the sole authorised representative. 2)       That I existed before the aforementioned legal fiction MR DARIUS JAMES PEARCE and that as a result the two entities are clearly distinct and separate. We have distinct records...

The idea that the police are here to protect us is a lie. The police are here to enforce the tyranny of the State. The Police protecting a Citizen  Because “citizens” can start to revolt if things like murder and rape and arson aren’t dealt with, the police will make a token effort to deal with these things when they occur. Although they often complete these investigations poorly, often making no arrest, arresting the wrong person or simply mis-allocating man power depending on how politically connected the victim was. The vast, vast majority of the time the police uses is spent harassing and oppressing people. They break down people’s homes looking for “drugs” They pull people over and harass motorists for innocuous things; fining them, despite those very motorists paying their wages They spend time breaking up house parties They enforce the 1000s of ludicrous regulations that local and national governments impose on people’s property They confiscate your guns with...

Kill Me and I Die a Free Man  Having decided to embrace the Free Man philosophy and reclaim my rights under Magna Carta and the Common Law I have taken steps necessary to make a reality of what was previously an interesting area of study. So now in response to each letter I have received from a Government department I have simply replied stating that I will be delighted to respond to them or fill in their form for my standard fee of £250. I have been good enough to waive my fee in respect of the first response to each department. The response from departments has been different - Social Security replied to me once, Economic Development have left me alone, Treasury have left me alone. Social Security indicated that I had an obligation to comply, my reply was simply that if I do, I do not have an obligation to work for nothing. You may recall I decided that I was no longer going to be an employer or slave-master . This has now progressed to the stage where I have informed S...

This week’s Republican primaries certainly taught us one thing: Virginians love Ron Paul, and they’re pretty fond of Mitt Romney, too. Paul captured roughly 40 percent of the Virginia primary vote, by far his best non-caucus showing of the entire campaign. Romney won the remaining 60 percent. That’s good, but it was not even Romney’s best performance of the night on Super Tuesday. By the way, Romney and Paul were the only GOP contenders on the Virginia ballot. Rick Santorum and Newt Gingrich failed to file the necessary paperwork, so voters could not choose them. Did that affect the results? Of course it did. How? That’s harder to say. Answering that question forces us to consider the framing effect , a human tendency to answer questions differently depending on how the options are presented to us, even when the options are identical . Strictly speaking, the framing effect was not at work in Virginia, since the choices presented to voters there were not identical to the cho...

A lien is a possession taken in security in respect of the completion of a contractual obligation, generally financial (such as securing your mortgage on your house) but it can also apply to the provision of a service. Commercial Lien Strategy (CLS) is a method through which common citizens, without the aid of lawyers or the courts, can induce government officials to actually obey the laws they have sworn to uphold. When government officials take an Oath of Office, they enter into a specific performance contract. By virtue of their Oath of Office, government officials assume a contractual duty or obligation to obey the law. If a government official who has sworn (i.e. contracted) to obey the law, breaks or ignores any law he's sworn to "uphold", common citizens can file a Commercial Lien on his property that will paralyze his ability to buy, sell, or lease any property and ruin his credit rating until he corrects his breach of contract and once again obeys the ...

I trust everyone has been following the efforts of Cyril and Ian on the matter of the Straw Man . As they advise there you have to be very careful when using it and make sure you do not fall for any of their tricks (as I did, but I shall go into that later). I thought I would try putting the free man ideas in practice in a manner which allowed for me to make mistakes with no risk to myself and a parking fine is relatively harmless. So I duly turned up for Court, that was my first mistake. It became abundantly apparent over the course of the hearing that the best way to deal with these parking fines is simply to return the 'Summons' and forget about it, at various stages when people did not turn up the Magistrate always asked if the Summons was returned. I shall remember this for the future. When my name was called I stood up and said 'I appear as the authorised representative of Mr Pearce', to which the Magistrate replied, 'well we need Mr Pearce, himself'. I th...

The natural Person Alan Simon Crowcroft, the legal Person Alan Simon Crowcroft OR the legal Person the Constable of St Helier Which is he at this snapshot in time? I was speaking to the Constable of St Helier the other day, who felt my terms and conditions were a bit anarchic, I disagree, they are completely lawful, so for his benefit I shall go through the steps that would be required to successfully prosecute me for a parking ticket and hopefully demonstrate why it is imperative that both the Government and I understand in which persona, I am acting at any given time. If you ain't paying me then I am acting in my Natural Private Person, not my Legal Public Person. This time I am going to use the proper legal terms which are bold in italics. Note that none of what I have reproduced below has ever been admitted to, accepted or confirmed by any Law Officer, Advocate or Solicitor in Jersey, but neither has it been denied. The Law is deliberately complicated to make sure that you do n...

Enter into any Court in the UK and you will see the Crown underneath which is the phrase ' Dieu et Mon Droit ' or God is my right . Well this is a cruel parody for God is the basis of all rights of the Free Man in any civil society and not the purview of the Court. For the purposes of this posting you will need to set aside such questions as 'Does God exist?' as it deals with the basis upon which all Civil Society is based and whether you agree or not in any Christian society (or Muslim or Jewish etc.) the answer to that question is most emphatically yes! You will also need to suspend your disbelief in Astrology. The bible is the Testament of God, it is his will by which all our inalienable rights are bestowed upon us. The Old Testament contains ten laws given to us by Moses. Moses is the prophet of the Arien age. The New Testament given to us by Jesus, the prophet of the Piscean Age simplifies these laws to just two - Love thy God above all else and Love thy Neighbour ...