Wednesday, January 28, 2015

Sheriff's Criminal Actions

In the state of Victoria, Australia there has been many discussions on the validity of the 'sheriff' and his 'henchmen' also allegedly called sheriffs.

There has also been mention that 'he' is the only valid sheriff, whilst all the others are not.

A quick search in your favourite 'search engine' may yield the result that the current sheriff of Victoria is a 'natural' person Brendan Facey who's pictured below next to clamped automobile.



But,

  • Is the clamping of people's automobiles actually lawful?

  • Is a letter from the 'Sheriff's Office' informing you that your vehicle is unregistered really lawful?

  • Can the 'Sheriff' involve a third party (CCV - Civic Compliance Victoria) in a so called fine?

  • Is the 'Sheriff' acting lawfully when he instructs Vicroads, who's CEO is Mr. John Merritt, to put a sanction against your 'person's' vehicle.

  • Is your automobile really a vehicle?

There are many more questions that are not mentioned here that definitely can be raised, pertaining to not only the validity of law but also the questionable actions of Victoria's 'sheriff' called Brendan Facey.

With the help of many dedicated people, who for obvious reasons cannot be named, a document has been compiled that outlines the concerns regarding the actions of this so called 'sheriff' Mr. Brendan Facey.

The document at this stage is in draft mode and its content is as follows:



The Sheriff’s Criminal Actions
June 2014 

Forword

1). For the purpose of this document, the validity of law is put aside.
2). The information refers to the sheriff of Victoria and laws applicable within the state of Victoria.
3). The information contained within this document is known to be true and correct at the time of writing.

Part 1:            Background

1). The following Acts are binding to all those in government and those who administer justice:
1.       Australian Courts Act (1828) UK,
2.       Commonwealth Constitution Act (1900)
3.       Acts Interpretation Act (1901)
4.       Judiciary Act (1903)
5.       Imperial Acts Application Act (1980)
2). English Statute of Monopolies of 1623, 21 Jac. 1, c. 3, ‘An Act concerning Monopolies and Dispensations with Penal Laws, and the Forfeitures thereof’ – is a valid law in Victoria today.

3). Bill of Rights 1688 (UK) is applicable to government only, and is valid in Victoria.
S. 12 of the Bill of Rights states -  “That all Grants and Promises of Fines and Forfeitures of particular persons before Conviction are illegal and void”.

4). Infringements Act (2006), is in breach of:
1.       Bill of Rights (1688) s. 12
2.       Commonwealth Constitution (1901)
3.       Competition and Consumer Act (2010) - Schedule 2, 50 Harassment and coercion.
5).  Notes:
1.       All the laws of England came into Australia under the Australian Courts Act 1828 (UK).
2.       A monarch cannot be outside of the preamble of the Constitution
-          Commonwealth v NSW, HCA [1923] 34.
3.       Anyone working in government (within the public service) MUST swear an oath. If no oath is sworn then they are impersonating a public official, 2 years prison, 17 years if under treason.

Part 2:                        Sheriff

1). A fine cannot be issued, therefore cannot forfeit property before conviction by a jury of your peers.
2). The sheriff must be appointed by the responsible minister, in this case the Attorney General.
3). The Attorney General is appointed by the Governor General.
4). In order for the appointment of the Attorney General to be valid, the appointment of the Governor General must be valid.
5). The sheriff is supposed to act under the Supreme Court (of Victoria).
6). For the state of Victoria there is only one (purported) sheriff, Brendan Facey, all other (sheriffs) are unlawful.
7). The sheriff is reliant upon the Sheriff Act (2009).
8). Can only contact you between the hours of 9am – 5pm. Breach penalty - $400.
9). The sheriff cannot take any property :
1). which could not be taken from a bankrupt, i.e. relating to the same restrictions if one was bankrupt, as per Bankruptcy Act 1966 Sect 116 (2).
2). used by you as a primary means of transport to the value of no greater than $7,000 as per Supreme Court Act (1986) Sect 42 (1).
10). Oath:-
1). The sheriff’s badge is the same as a police officer’s, therefore must have an oath to the Queen (UK monarch, not the statutory queen of Australia).
2). The (purported) sheriff’s do not have an oath of allegiance / office, while they are acting under the Supreme Court of Victoria.
3). An officer of the Crown (whom a sheriff is not) can only enter your dwelling if the crown is a party to the suit.
                4). No oath indicates that the sheriffs are not immune from civil / criminal liability.

Part 3:                        Warrant

1). In order for a warrant to be valid it must be
1). duly signed off and contain the common seal (UK coat of arms),
2). signed by a magistrate / judge who has sworn an oath to the Queen (UK monarch).
2). The signing of an unlawful warrant implicates the signatory for a criminal / civil lawsuit.
3). Brendan Facey (allegedly) signs off on the paperwork for the warrant.
4). The paperwork from the system links the person as a debtor, for which the person is not.
5). The sheriff buys the warrant from the Magistrates’ Court, not in accordance with the process of the Supreme Court.
6). A bond is attached to the warrant.


Part 4:                        Civic Compliance Victoria (CCV)

1). The ground floor of 277 William St, Melbourne 3000, Civic Compliance Victoria (CCV) is listed as the business occupying the premises.
2). CCV is a private company under contract to the State of Victoria, therefore CCV is not the Crown.
3). CCV is a trading name used under licence from the crown in the right of the State of Victoria.
4). Inside the office of CCV there are 3 registrars that are from the Magistrate’s Court of Victoria (ABN: 32 790 228 959) which has locations all around Victoria, e.g. Melbourne Magistrates’ Court – 233 William St, Melbourne VIC 3000 or Dandenong Magistrates’ Court – Pultney St, Dandenong VIC 3175.
5). Therefore, from item 4). above, there are officers of the court working for profit within a private company CCV which is illegal.
  
Part 5:                        Governor General’s appointment

1). There is no order for the appointment of the Governor General  for the period 1982 – 2003
2). There is no order for the appointment of the Governor General for the period 2003 – 2008
3). In order for the GG to sit in lawfully, the correct oath must be sworn upon.
4). There is NO lawfully appointed GG since the 6th Governor General Ronald Munro Ferguson (in office from 18 May 1914 – 6 Oct 1922)

Part 6:                        Miscellaneous

1). The Supreme Court  (of Victoria) does not function in accordance to the  Commonwealth Constitution, Chapter 3, Sect 71 – 80, as it is meant to, therefore invalidating any actions carried out by the sheriff of Victoria, Brendan Facey.
2). The sheriff is technically a public servant. The carrying of the badge (the appointment), therefore there must be an oath of office, but there is none. Therefore the sheriff is committing a criminal offence and therefore subject to criminal / civil suit.





also it can be downloaded below:


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