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magistrate chambers’ decision 24-04-14

published

no surprises here, found guilty following the dictum of supreme justice kyrou.

here is a pdf of magistrate chambers’ written decision.

after the decision was read out, i was told that i thought i was ‘above the law’ — something highly offensive it seemed.

i told the learned magistrate that i was sure i was not above the law, that surely someone with my record of incarceration could not think they were above the law — of course i’m fully aware that i am under the law, right under it, getting justice done all over me, some’s even going in my mouth and eyes.

i said that i actually believe that the charter should protect me in this circumstance and that what i have done is not damage — outrageous.

the thing is that everyone knows (even i know) what the law is really for, upholding the status quo, protecting the interests and ‘property’ of the wealthy and powerful.

everyone also knows what the law is not for: protecting peaceful, non-damaging political expressions that seek to raise an important and neglected issue for the furtherance of democracy — so if some left-wing, johnny-come-lately piece of legislation like ‘the Charter’ could possibly excuse me from prosecution if taken seriously, then the only appropriate action for the judiciary is to not consider it seriously and to misinterpret it into ineffectual obscurity — which is exactly what the judiciary has done, and probably will continue to do.

the magistrate later asked the prosecution what the maximum penalty was for posting bills (3 months jail) and spoke of my stated intention to continue postering (as if it was a bad thing) — at this point i thought she might be going to jail me, but it turned out i was only fined $1000, and the talk of maximum jail sentence seemed to just be an attempt to get me to climb down from my arrogant and obstinate position, atop my crude podium, ‘constructed’ of nothing but the soggy, smelly, squishy repugnance of my own ideological excrement.

after i declined to step down from my steaming pile it was made clear to me that the magistrate was mad at me, as she asked me to stand when i spoke to her for the first time — i hadn’t been standing up when i was speaking previously, because to do so would be stupid — but i obliged and stood up like an idiot — if she can’t control my mind i guess i should just grant her momentary control of my positioning, it’s only fair after all the frustration i’ve caused her.

the most hilarious part is that i was ordered to pay $42,473.60 to adshel — i actually couldn’t help but laugh a little when the magistrate made the ‘compensation’ order.

i further argued against adshel’s alleged costs on decision day (after the decision was made, but before sentencing) as i had done a really bad job of questioning the costs on the first day of hearing — i couldn’t cross-examine the adshel witness properly because she claimed to know nothing except that it definitely cost $341 per postered panel to be cleaned — basically i’m a pretty shit lawyer.

the main points of argument were:

— that the $341 per panel figure was very different to the $40.17 claimed for 2 painted over panels in magee v delaney (previous case that went to the supreme court)

— that they hadn’t produced receipts or invoices from the external company that carried out the cleaning, only ‘invoices’ printed on an adshel letterhead that had no reason for existence apart from that they were fabricated especially for use as ‘evidence’.

— that they had itemised $150 for materials for each panel cleaned, when i know that they just blast off the posters with a pressure hose, and adshel had not explained what these expensive materials were or why they were necessary to clean some posters off the smooth surface of glass.

anyway, i’m going to appeal conviction and sentence in the county court on the 19th of august, by that time the decision should be in from the supreme court appeal on the 7th of august.

depending how the supreme appeal goes, i might stick with the county court appeal against conviction and sentence, but if the supreme decision is as bad as kyrou’s and applying directly to the offence of bill posting, perhaps i’ll drop the appeal against conviction and just appeal the sentence so that i can have another go at challenging the lies of adshel (i know, an advertising company that lies, who would ever believe it).

i’m not concerned about the $42,473.60 which i will never pay (the court order says i’m supposed to pay ASDEL PTY LTD anyway, so adshel is missing out even if my inheritance comes in), it is just another stupid figure, like the $33,000 i owe to the attorney-generals office, or the $26,000 i owe to some other ad company — i can’t believe i’m only up to $100,000 in my race to become a negative millionaire, i’ve been working so hard.

i’ll post audio of the two days of ‘proceedings’ when i get it.