Re Magistrate M M Flynn; ex parte McJannett
[2013] WASC 372
•10 OCTOBER 2013
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
CITATION: RE MAGISTRATE M M FLYNN; EX PARTE MCJANNETT [2013] WASC 372
CORAM: McKECHNIE J
HEARD: ON THE PAPERS
DELIVERED : 10 OCTOBER 2013
FILE NO/S: CIV 2463 of 2013
MATTER :Application under the Magistrates Court Act 2004 (WA) s36 for a review order against M M Flynn, Magistrate of the Armadale Court
EX PARTE
ROBERT PAUL MCJANNETT
Applicant
Catchwords:
Review of magistrate's decision - Application vexatious and an abuse of process - No new principles
Legislation:
Nil
Result:
Application dismissed
Category: B
Representation:
Counsel:
Applicant: On the papers
Solicitors:
Applicant: In person
Case(s) referred to in judgment(s):
Nil
McKECHNIE J:
The application before the court
The applicant applies by notice of originating motion for a review order on the grounds that:
No Jurisdiction over Non-Corporate Entities, and Abuse of Process, and Oppression, and, Contempt of the High Court, and Violations of the Applicant's Human Rights, and Involuntary Servitude, and Attempts to Pervert the Course of Justice, and, Breaches of the Bail Act 1982, and Prejudice.
It appears that the applicant has been charged with a number of indictable offences. I say 'it appears' because the applicant does not detail the charges and has in fact blacked out any reference to them in the annexures to his affidavit.
On 7 March 2013 the applicant was in court, having been arrested for a breach of bail. This occurred because he declined to acknowledge that he was Robert Paul McJannett. The magistrate took the view that he therefore had no jurisdiction to hear from a person who was not identified as the person named in the warrant.
Eventually, I assume, the applicant obtained a grant of bail, although it is hard to be certain.
The matter came back to court before the same magistrate on 26 July 2013 and the following occurred:
HIS HONOUR: Is your name Robert Paul McJannet?
ACCUSED: No, it's not. I'm here to assist the court though. Your Honour, there has to be some duration given, because I'm just getting over five hours in your torture chamber downstairs. The refrigeration cell.
HIS HONOUR: It doesn't belong to me; it belongs to the state (ts 2).
There followed an account by the applicant as to what had happened to him. The magistrate said that he proposed to read the charges and see whether the applicant should be released to bail. This occurred:
ACCUSED: Excuse me.
HIS HONOUR: Allow me to finish, then you will get a chance.
ACCUSED: Well, I'm - who is you? Who are you? I'm not Robert McJannet.
HIS HONOUR: Sergeant, he says he is not the person referred to in the prosecution notice.
ACCUSED: Well, I'm here to assist and I can be represent.
HIS HONOUR: Well, it was nice of you to come to court today, but you were escorted by the police.
ACCUSED: Well, I didn't have any choice in the matter.
PROSECUTOR: Sir, if it was an accused person not under a warrant and standing before you on the bench, I would ask for a bench warrant. But he is custody at the moment, arrested on a warrant. (indistinct) he is the person nominated on the complaint (ts 2 - 3).
Eventually bail was granted and the magistrate said:
[So] if you don't appear on 16 October, you will face another warrant for your arrest (ts 7).
The merits of the application
The application to this court is vexatious and an abuse of process and must be dismissed.
The applicant appears to be one of a group of individuals without legal training who continue to espouse theories of constitutional law that have no basis. Courts in this State and throughout Australia, indeed the common law world, have steadfastly so ruled.
As a result of his continuing pre‑occupation with discredited legal theory the applicant has sworn in his affidavit such nonsense as:
1.I am a Man, a flesh and blood living soul created under God also known as a 'Human Being'. I am not a corporate entity and I do not consent to my body being transferred to a corporate entity for the purposes of commerce including commercial transactions in any court.
2.My name is Man or Robert Paul as per the 'Birth Certificate' extracted from my live birth record on 6 June 1961 annexed to this affidavit and marked RP 01 and of which Birth Certificate signifies the Cestui Que trust created by the State of Queensland without my consent.
...
6.I have always answered to the callings of Robert, Rob, and Dad and I do not consent to the change and capitalization of my name such as MCJANNETT, Robert Paul in any derivation, for the purposes of carrying on commercial transactions or carrying on any other matters in the public and or private sectors inside the Commonwealth or anywhere else.
...
12.During the approximate two hours of unlawful detention following the event described at paragraph 9 above, I was not asked to produce my identification nor was I carrying any at the time however the two alleged police officers repeatedly ignored my assertions and accused me of being a 'Person' named MCJANNETT, Robert Paul.
13.Despite my advice to those two men that I am not the corporate fiction MCJANNETT, Robert Paul, the two men continued to fabricate documents in the corporatized name and insist that I sign the documents. This was a violation of my human rights and tantamount to the offence of uttering and other offences.
14.During the detention at Perth police station and despite my repeated objections the two men created identification material being records of fingerprints, DNA samples, and photographs in the corporate name of MCJANNETT, Robert Paul which is not my name but the name of a dead entity and the actions of these two men is tantamount to fabricating evidence and or perverting the course of justice which are crimes listed in the Criminal Code Act 1995 (Cth) and Crimes Act 1914 (Cth).
...
19.On 7 March 2013 I attended Armadale court under duress and threat of imprisonment in the capacity of the Person's Personal Representative and in the role of Administrator and Beneficiary of the Cestui Que trust in order to assist the court and in the company of a witness Paul Joseph of the family Harrod. When I arrived at the court I noticed that there was no indication of MCJANNETT, Robert Paul anywhere in the court lists and subsequently telephoned Cameron Jolly to advise him of this. I understand Cameron Jolly then telephoned the court and arranged to have the matter listed. This was an abuse of process and also it is not my duty to administer the court lists. This event was extremely stressful.
It is not necessary to comment on these assertions. Mere quotation of these paragraphs is sufficient to explain why this action is vexatious and is dismissed.
The applicant's description of what occurred at the hearing of 7 March 2013 is informative:
20.When the matter was called up I approached the bar table and explained who I am. Magistrate Flynn obviously acting in the role of Trustee, refused to accept my real name and demanded I become the Corporate fiction MISTER ROBERT PAUL MCJANNETT. When I politely stated to Magistrate Flynn that my name is Robert Paul and I am not required by law to have any other name he stated that he was going to have me removed from the bar table and issue an arrest warrant. Magistrate Flynn then told me to sit in the back of the court and requested the surety details from the prosecutor who stated 'five thousand dollars your honour'.
The applicant has attached his birth certificate to his affidavit which clearly shows his identity.
If he wishes to play games about his identity while engaged in the serious business of court hearings involving criminal charges, he should expect magistrates to respond as did this magistrate. There is no room in a crowded Magistrates Court for time wasting by idiosyncratic litigants who believe in legal theories that are without merit.
Finally, judges administer justice according to law. They are not required to expend judicial time, a scarce public resource, on applications that have no legal foundation and involve a deluded understanding of the law.
That is why I have determined this application on the papers.
The application is dismissed.
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