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Court matter: Judge would only engage with the person on the summons
I recently had a matter in court and I don’t think I handled this right. I tried to follow the script as much as possible, but basically the gist was that the magistrate “didn’t know who I was” and would only engage with the person that is on the summons, and I’m being threatened that if next time the defendant does not turn up they will send a warrant for arrest. Can someone advise on this?
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It went down like this, according to memory:
M: The next matter is (Name), is that you?
I: I answer to that name, but I’m not the name, I’m the beneficiary of the trust, you can call me beneficiary if you want
M: No, I won’t do that have you been speaking to a sovereign citizen?
I: No I haven’t, and I don’t know what that is. If you’re soverign you wouldn’t be a citizen… The court may address me however you wish, it is your court.
M: OK, so why are you here today?
I: So today I have come to court for a few reasons: in relation to the pleading, I’m noticing the court that I have come under duress, protest and threats of menace. It has been communicated to me that if I don’t attend today, men with guns may come to my house and deprive me of my freedom. I’m only here because I feel threatened. I want to put on record that this living man is the beneficiary of the trust, I do not consent to these proceedings, I do not consent to being surety for the defendant, I don’t believe I have done anything wrong, and I don’t think I should be here. If I have said anything wrong, unintelligible, or illegal, please let me know and I’ll withdraw or clarify anything…
M: I don’t understand anything that you’ve just said
I: That’s OK, let’s start with this: I come under duress, protest and threats of menace…
M: Look, saying it again isn’t going to help
I: I come under duress, protest and threats of menace, is this unintelligible to you?
M: I don’t understand why…
I: Well I have a document here that says if I don’t turn up, there may be a warrant for my arrest, men with guns will turn up to my house, this is why I feel threatened, can you understand this?
M: OK Let me ask you a question. Here is a charge, , are you pleading guilty or not guilty?
I: As I’m trying to express, I’m not the trustee, I’m not the executor of the trust, I’m the beneficiary of the trust
M: OK Let me ask you, are you and I’ll spell the name (spells out my name), is that you?
I: I answer to that name, but I’m not a name
M: Let me ask you another question: is your date of birth (Date).
I: Does this court accept hearsay evidence?
M: Can you answer the question?
I: Does this court accept hearsay evidence?
M: Please answer the question
I: I cannot ascertain this
M: Well, I cannot confirm that the person that has been charged is before me, so I’ll just adjourn this and I’ll ask the office to warn you that if you fail to appear at the next hearing, a warrant will be sent out for your arrest..
I: In that case, please ascertain to the authorities that if they arrest anyone, that they won’t be arresting this living man who is here today, because I am here today
M: I don’t know who you are, who are you?
I: I’m the beneficiary of the trust known as (Name)
M: This means nothing to me. This matter will be adjourned until (next date), Next.
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4 Replies
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Did you record this conversation? If so you did so well, and you now have evidence that you can use to hold your position. There is a man called Alex who has a channel on youtube. Here is a link, he has been in this type of situation and he has zoom meetings every Thursday You could tell him at a zoom meeting what happened and I’m sure he’ll be able to give you relevant help. You’ll find the link to his zoom meetings under this video…..https://www.youtube.com/watch?v=QaP9Pueea_k
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thank you for your insight, i’ll get in touch — i have also started following the Observation Deck from your recommendation before and began to listen to his law series, that has also been very helpful, he’s very systematic and has a great voice
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Good on you, education and proactivity is the key to empowering ourselves.
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This Auzzie is good too.
Brian Shaw.
https://www.youtube.com/watch?v=UJTq7qPuaFU&list=PLDd5NDCTq6UzfS2-p7OJ9q72u8uf4DoVE&index=38&t=229s
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