OK folks here is the latest in my challenge against the unlawful council tax, earlier last year 2012 I had a meeting with a council employee regarding my non payment of their unlawful demand, after a lengthy discussion I said I would pay them £350.00 PER YEAR subject to them giving me full audited copies of their accounts upon which I would re-negotiate with them for further payments, so to that effect I drew up a contract which they duly signed along with myself and I paid them the £350.00. All was well for a few months and I awaited their accounts – but you guessed I never got them, the only thing they sent me was 2 links to their websites which contained only a generic account and NOT the full audited accounts so in return I didn’t pay anything more. On the 22nd Nov last I received a summons to attend the courts under threat of arrest if I didn’t go, so to be prepared I hand delivered my deposition and defense documents to them the day before, so off I toddled with my supporters to their place of business where I refused to accept the legal fiction, they didn’t much like that – I asked the magistrates (there were 3 of them) what their names were so I would know who I was addressing, they said “WE’RE NOT TELLING YOU” and so it went on, the court refused to allow me to speak in my own defense altered evidence documentation that I had tendered, refused to acknowledge their oath or state any jurisdiction, here is a letter I sent to the justice’s clerk and got no answer:
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Dear Sir, thank you for your correspondence addressed to the legal fiction MR DAVID RENWICK dated 22nd November 2012 and received at the above address on 24th November 2012, I respond thus.
I am NOT a legal fiction but a living breathing man of free birth and known as Master David of the Renwick family commonly known as David.
I attended under duress a hearing at West Cumbria Magistrates court on the 22nd November 2012 in response to threat of arrest if I did not attend, I submitted a 7 (seven) page document to the court on the 21st November 2012 that was duly accepted and signed for, this document contained evidences and truths concerning the case and claim against me for which I was attending.
On entering the place of business I identified myself as Master David of the Renwick family and not the legal fiction MR DAVID RENWICK the clerk chose to ignore me, I addressed the two men and one woman sitting on the bench and asked for their names so that I knew who I was addressing, I was refused by the man sitting to the centre of the bench his reply was “We are not telling you” I then asked if they were sitting under their oath of office, they refused to answer, I asked what jurisdiction they claimed, they refused to answer, the Clerk to the court who I now know to be Mrs. Heron proceeded to run the court in contravention of the courts act, upon asking her what jurisdiction or authority she claimed she responded by saying “I work here” I protested on several occasions at the lack of jurisdiction or authority of the hearing but was ignored, the man to the bench center then said that I would be given an opportunity to speak later and continued to allow the court clerk to run business.
The member for the council was a woman I know to be Mrs. C***, she was allowed to give evidence for and on behalf of the council and at all times questioned by Mrs. Heron. I had submitted a challenge to the dates on documents relating to summonses that quite clearly differed between the courts version and the council’s version, on prompting by Mrs. Heron Mrs. C*** was asked if this could be put down to clerical error, Mrs. C*** responded in the affirmative at which point Mrs. Heron asked the man sitting at the bench center if the records could be amended to account for the discrepancy, the man agreed to allow the records to be altered and then asked me if I accepted that, I immediately objected but was ignored. This was clearly a case of prompting the witness by Mrs. Heron.
The man in the centre of the bench then stated that he had before him an order for my committal to prison, this was before any conclusion or charge had been made, clearly this was a predetermined decision made prior to any hearing.
I was not at any time given the chance to respond or challenge any charge despite being told earlier that I would be, neither was my documents referred to by the court or brought forward as evidence on my behalf other than the court amended one item of contention to the favour of the council and court. I pointed out to the court that I did indeed have a CONTRACT (which I produced for the attention of the court) duly signed by an operative of the council to an agreed sum per year and that that sum had been paid, once again I was ignored and the court refused to recognise me or my evidence in any way. I now find I am subjected to a charge of {Willful Refusal to pay} and sentenced to be committed to prison for a period of 90 days.
This charge is NOT correct, this charge is unlawful and the threat of arrest and imprisonment are a direct infringement upon my civil liberties human rights.
NOTICE TO CEASE AND DESIST
I now give you due NOTICE to CEASE AND DESIST in this UNLAWFUL activity and threat to my well being.
For the following reasons the hearing referred to was UNLAWFUL.
- The court was NOT a properly constituted court.
- The men and woman sitting on the bench refused to identify themselves or to even confirm they were magistrates.
- The men and woman on the bench refused to confirm any jurisdiction under which they presumed to be acting.
- The court clerk ran the order of business in direct contravention of the Magistrates Court Act 1980.
- My Deposition was not considered in accordance with the Magistrates Court Act 1980
- The men and woman on the bench showed me no respect and I was treated with Bias and Prejudiced.
- I was denied any defense as is afforded me under law.
- I was denied my rights as stated clearly under articles 7, 8, 9 and 10. The Universal Declaration of Human Rights.
- Those people sitting on the bench and the court clerk are guilty of Maladministration of Justice, Breach of their oath of office and Perjury.
10. These people are also in breach of section 40 of the Administration of Justice Act 1970, which states:
1) A person commits an offense if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c) falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
Also in accordance with: Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto as amended by Protocol No. 11 Strasbourg, 16.IX.1963 The governments signatory hereto, being members of the Council of Europe,
Being resolved to take steps to ensure the collective enforcement of certain rights and freedoms other than those already included in Section 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th November 1950 (hereinafter referred to as the “Convention”) and in Articles 1 to 3 of the First Protocol to the Convention, signed at Paris on 20th March 1952,
Have agreed as follows:
Article 1 – Prohibition of imprisonment for debt
No one shall be deprived of his liberty merely on the ground of inability to fulfill a contractual obligation.
I will give you 14 (fourteen) days from receipt of this Notice in which to respond and withdraw.
Failure to do so will result in me taking civil criminal actions against those members of West Cumbria Magistrates court involved in the crimes as is listed above all of which can and will be verified and testified to before the Queen’s Bench by my witnesses who attended that Unlawful Administrative hearing.
In truth and Justice.
Master David: of the Renwick family
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Today I have sent a letter to the Secretary of Advisory Committee. This is a group that looks after the procedures in the court and can deal with complaints and improprieties that occur there, so now I wait of their response.
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Dear Andy P*****.
I am writing to you with regards to a serious complaint regarding the conduct and lack of justice as was meted out to me Master David of the Renwick family on the 22nd November 2012 at court room No 1 magistrate’s court, Hall Park, Ramsey Brow, Workington.
Following my taking advice on the above I have been advised in the first instance to contact you and inform you of the breaches that took place and to ask you to make a full investigation and inquiry into this matter and until such investigations are complete to stop any and all proceedings until such times as the investigation and complaint have been dealt with in full.
I am in dispute with Allerdale Borough Council regarding the amount I pay for council tax, I have raised with them valid and legitimate questions and concerns over the amount paid and as to the uses of the collected monies, I have requested from the council full audited accounts which to date I have not been provided with.
Despite meeting with a representative of Allerdale Borough Council contracting with them and paying according to that contract they have chosen to ignore it and proceeded with a court prosecution, this in itself may well be contempt on the part of A.B.C. However my immediate concern is the lack of Justice due process and procedure that I encountered at my visit to Workington Magistrates court on 22nd November 2012.
Attached is a copy of a letter and a NOTICE to CEASE and DESIST I sent to David Greensmith Justices Clerk on the 11th December 2012 in response to a letter I received from him on the 24th November 2012.
I would ask you to consider this information very carefully; to date no response has been received.
You will note from my letter that I have pointed out some very grave short comings and maladministration of justice by the people purporting to be magistrates and court clerk, and in fact according to Lord Diplock they are in Contempt of court.
Ref: Lord Diplock in Att-Gen v. Times Newspapers Ltd. [1974], ante, outlines the various ways which the due administration of justice might be prejudiced:
“The due administration of justice requires first that all citizens should have unhindered access to the constitutionally established courts of criminal or civil jurisdiction for the determination of disputes as their legal rights and liabilities; secondly, that they should be able to rely upon obtaining in the courts the arbitrament of a tribunal which is free from bias against any party and whose decision will be based upon those facts only that have been proved in evidence adduced before it in accordance with the procedure adopted in courts of law; and thirdly that, once the dispute has been submitted to a court of law, they should be able to rely upon there being no usurpation by any other person of the function of the court to decide according to law. Conduct which is calculated to prejudice any of these requirements or to undermine public confidence that they will be observed is contempt of court”
As you can see by denying me my lawful right to a defense, ignoring the evidence and showing deliberate Bias they have not only put themselves in contempt but may have committed a criminal fraudulent act against me.
As the court were in possession of my deposition and defense documents they were aware that a contract existed between myself and Allerdale Borough Council and are therefore in breach of section 2 – (2) of the Fraud act.
I have included the relevant section for your consideration.
Page 2 of 2
Section 1(a) and 2 of the Fraud Act 2006 carries a ten year prison term.
Section 2 provides:
(1) A person is in breach of this section if he–
(a) dishonestly makes a false representation, and (b) intends, by making the representation– (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss.
(2) A representation is false if– (a) it is untrue or MISLEADING, and (b) the person making it knows that it is, or might be, untrue or misleading.
By delivering a charge of ‘WILLFUL REFUSAL TO PAY’ the evidence has been ignored and an untrue and MISLEADING claim has been made, this is an act or omission calculated to interfere with the due administration of justice.
For my part I have (5) five people who witnessed this unlawful proceedings and all are prepared to sign and swear out an affidavit to the events they witnessed and are also prepared to attend a court de jure and swear an oath as to the truth of events that occurred in that unlawful ADMINISTRATIVE HEARING.
I also have written confirmation from Mrs. C***** THE COURT MANAGER that this hearing was NOT A COURT OF RECORD.
Andy P***** please be advised now that a new date of hearing has been set for the 24th January 2013 at 10.00am where it is claimed that I am to be committed to prison for a period of 90 days, this I will not allow.
Given the time restraints I now ask you to respond to me within (14) days of this letter, failure to do so will result in charges for criminal prosecution being placed before a judge against all those concerned in that unlawful administrative hearing, for they are not only in breach of the laws in this country but are also in breach of international laws that Britain is signed up to. In conjunction with my lawful advisor I am preparing all documents necessary for such proceedings should the need arise, however as my initial dispute is with Allerdale Borough Council I would prefer to continue with that but will proceed against the court if my Notice is not complied with.
Additional
Observance of due Process of Law (1368)
http://www.legislation.gov.uk/aep/Edw3/42/3/section/III
None shall be put to answer without due Process of Law. ITEM, At the Request of the Commons by their Petitions put forth in this Parliament, to eschew the Mischiefs and Damages done to divers of his Commons by false Accusers, which oftentimes have made their Accusations more for Revenge and singular Benefit, than for the Profit of the King, or of his People, which accused Persons, some have been taken, and [X1sometime] caused to come before the King’s Council by Writ, and otherwise upon grievous Pain against the Law: It is assented and accorded, for the good Governance of the Commons, that no Man be put to answer without Presentment before Justices, or Matter of Record, or by due Process and Writ original, according to the old Law of the Land: And if any Thing from henceforth be done to the contrary, it shall be void in the Law, and holden for Error
In truth and Justice.
Master David: of the Renwick family.
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OK people that is the latest, I will however keep you updated as and when I can and provided I am not in prison for the next 90 days, in any case I will not pay until I have all the information that I have reasonably asked for.
Regards, Dave.
27th January 2013. Since my last post I can tell you all of my letters were sent to the Deputy Justices Clerk DJC in Carlisle, that is the nearest city to where I live, despite numerous phone calls to his office I only ever got his secretary who made various excuses as to why the DJC could not speak to me, he waited until Wednesday afternoon the day before my trial to respond via email at 12.16 pm, he then offered me a re-trial on the 1st February 2013 but I had to respond by 12.45 pm (29 minutes) also in his letter to me he did acknowledge the fact that I had NOT been given a fair hearing and that the Magistrates had NOT allowed my evidence, that was enough for me. I declined the invitation for a re-trial despite the local court since having sent me a letter confirming the date, I have also informed them of my intention to press for a private criminal prosecution against all of those involved in that charade they called a court hearing on the 22nd November 2012, the charge is Perjury.
Now despite the cancellation of the hearing on Thursday 24th Jan and an admission from them that I had not had a fair hearing they are under the impression that I was going to accept a new trial – to be tried on exactly the same charge (which was false) by a new court clerk and magistrates, their condition was that I accept this offer (and let me make this clear it was an offer) and to respond in acceptance within that 29 minutes they had allowed. I of course did respond via email within the 29 minutes but only to tell them I would give the matter my full consideration and respond to them in full on Friday 25th Jan. Obviously without my consent to their proposed [New Hearing] date they have assumed that I would be accepting it and have thus issued me with a letter from the local court with the new details of time etc, however when they got my response on the Friday afternoon they soon discovered that I did not accept their new hearing neither did I accept their excuses (and there were many) so now I will wait and see what response I get back from them on Monday, it will be interesting to see having failed to con me into a new hearing what they will do now particularly when some of their own are facing criminal charges that could end up with them being convicted to 10 years in prison. As always I will keep you updated as and when there are any new developments.
Quick update 30th Jan
I received a letter from the DJC via email on the 29th and the actual letter today via post, he is still saying that he believes the words of the magistrates and the court clerk over mine and that of my witnesses yet they have still organised a new hearing for Friday 1st Feb, ask yourself why? if the first hearing was lawful and conducted properly why do they now need to retry me? It is simple they know as well as I do they cocked it up and cannot implement the judgement that was made so now they have to be seen to do it properly by a re-trial. I will not however be attending and have made that clear to them however they are still intending to go ahead with a re-trial with or without me in attendance, I will be sending a new document for them to read out in court with my defense whether or not they read it is another matter but they will do as they please in any case and it matters not if I am there or not – Friday I will be at work, don’t see why I should waste another day and lost earnings for them to piss me about, if they choose to send me down then that will be their undoing for I will have the lot of them when I come back out, as I always say TRUTH WILL OUT and it is only a matter of time before we bring down this whole corrupt system, the people are wakening up to the corruption and will soon start to revolt.
5th February 2013
I have now got a new date for trial it is the 6th Feb, this time instead of a bench of magistrates I am to get a district judge – at least he will know the law and I can put him on his oath, whether or not I will still get a fair hearing is anyone’s guess but I will try to keep him on his oath and hope that the truth will prevail and my evidence is heard this time, if not then I may face 90 days in prison – if that happens it will make me all the more determined to fight for truth and justice on my release, if I win my case then the council will have to supply me with a full audited set of accounts with FULL breakdowns of all financial transactions then I will be able to tell if the information I have about certain monies is visible, as always I will keep you posted freedom being permitted.
UPDATE 6th FEB
Well today I attended the court but was again NOT given any true form of justice,I still have my freedom but at a cost, the judge wasn’t interested in my defense or in fact how my withholding of the council tax came about all he was interested in was dealing with the outstanding claimed debt, he read my contractual agreement with the council but said that was a matter for another court, he obviously didn’t want to get embroiled in any legal discussion although he let me speak he didn’t act on anything I said other than my offer to pay an amount. The council official was constantly pushing for my incarceration despite my offer to pay by installments, it was clear to everyone present (and I had six witnesses) that all she wanted was to have me sent down and had set her sights to achieving that result, however the judge did take my offer to pay and after several minutes of discussion which included ability to pay as well as personal circumstances a sum was decided upon and now to prevent a prison term of 90 days I have to make the payments each month on time, can I say that justice was done? NO, can I say all my evidences and reasons were considered NO, can anyone be sure I will continue to fight this corrupt system? YES. Although this is a setback for me it is in no way shape or form the end of my fight it is merely round one to them but now having the measure of my opponent round two will not be so easy for them, I will as always keep you posted as to any new developments.
Regards, Dave.
3rd March
I have been asked if the transcript of the court proceedings is available through a FOiR, unfortunately they do not record all that is said and as on a previous court appearance I asked for the court transcript only to be told that it was not a court of record. It would appear that they only record what they consider to be of importance (to them) i.e. sentence passed, fine recorded etc, anything else that may have been said and done is disregarded, however I do have a full transcript of the hearing from another source and for now all I will say is it was gained in a covert manner,but for the time being it must remain concealed until other matters have been tended to, once I have everything in place then the full account of what happened will be released, thanks to all of you who have written to me and offered your support on this matter.
Regards, Dave.