~ Northern Midlands Council v/c Clemencia Christina Barnes ~

Dear recipient,

Reference Northern Midlands Council ACTION: M/2016/1607
CLAIM total $ 937.26

I Clemencia Christina Barnes state:

I ‘rebuff’ the CLAIM and DEFEND my decision to so do for the following reasons:

(a) The demands made upon me by the Northern Midlands Council are in contravention of my conscience and my beliefs.

(b) On asking my spiritual advisor who is the head of The ONE true faith* (Judge de Malaherre) for his input I was advised to follow my own conscience since IT is my God-given RIGHT to so do.  It is also my Civil RIGHT and my constitutional RIGHT to so do in accordance to both his and my comprehension of the ‘Freedom of Religion’ Acts of the Constitution.

 I have asked Judge de Malaherre to prepare a defence for me, a defence that he sets out clearly as follows:

The CLAIM is FALSE because it has arisen through a difference of ideological ‘opinion.’ This opinion states that the claimant believes in THEIR right to overrule the Freedom of Religion Acts of the Constitution as that relates to the local government’s imposition of a TAX named ‘rates.’

According to the BELIEF held by Mrs. Barnes she cannot pay for any services that she has neither tendered for, nor used or been supplied with.

Furthermore, she cannot go against her conscience by funding any person or institution with monies that are used to cause harm or loss or suffering upon other members of the community. She believes that she can only contribute to the provision of benign community services.

The CLAIM is in ERROR because it cannot be ‘heard’ or considered by a Court of Petty Sessions because all matters pertaining to an individual’s ‘conscience’ or religious ideology can only be ‘presented’ to the High Court. For the matter to be heard or judged by a magistrate in a Court of Petty Sessions is a criminal and treasonable offence.

1 - Furthermore, Mrs. Barnes states:

(a) The money ‘purported to be’ owed was not ‘borrowed’ by Mrs. Barnes in the first instance.

(b) The money claimed by the Council staff as being ‘owed to them’ is not backed by any formal or legal agreement between the parties.

2 – The funds demanded by NMC are simply a ‘land or hut’ TAX imposed by an organisation whose officials are not authorized to operate outside the constraints of THE LAW of their own Constitution. Council officials continue to flaunt the rules of their own constitutional Authority.

3 – The NMC not only engages in the flaunting of the Constitution but Council is also using STATE rules and laws to back their claims whereby said laws are always subject to and limited by the constitutional ACTS of the ‘Freedom of Religion’ clauses.

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This claim is a treasonable imposition since Mrs. Barnes is entitled by said Constitution to live according to her conscience and religious ideology of PEACE.  This means that she cannot fund nor pay for the services of any institution whose officers use a part of said funds to persecute other members of the community.

4 – The NMC officers have placed their claim before the Court of Petty Sessions using illegal rules in their effort to ignore or ‘sideline’ the Constitutional authority and civil rights of Mrs. Barnes. This allows Council to more ‘easily’ STEAL property from her using forceful means to pay for services she has not received.

5 – For many years now the NMC officers have been aware of Mrs. Barnes ideological stance, a stance which is the ideology of PEACE, a stand which precludes her ‘conscience’ from funding by TAX any warring or punitive or controlling system such as the NMC is proven to be.

6 – Mrs. Barnes did use one of the services the NMC ‘offer.’ That was for Road maintenance that was paid to the Council in advance when she tendered the sum of $540.00 for her share of the road works.

7 – The NMC has never supplied her with any services such as water or sewerage or garbage collection. She asks for no other ‘particular’ services as is her RIGHT.

8 – Mrs. Maree Bricknell backed by the NMC CEO, shows that the ‘mortal’ complainants are exceeding their powers more particularly given the foreknowledge of the LIMITATIONS of the constitutional Authority. NMC officials are in fact waging a WAR of religious ideology against Mrs. Barnes therefore causing great mental and emotional trauma.

9 – The NMC officers do in FACT need to be arrested and detained until they have EXPLAINED “why” they BELIEVE that they are entitled to IGNORE the Constitution of their own Institution, (Freedom of Religion Acts) by exceeding their limited mandate. (Constitutional references attached)

In so doing, they are also using the State police PEACE force services as their means to so do and this ‘collusion’ and that of local Magistrates is anarchy and treason, and they all become a ‘party’ to ongoing intimidation, imposition of terror, coercion and threats.

10 – Mrs. Barnes has the right to make a ‘counter claim’ for all the emotional trauma imposed by the NMC and others complicit, but due to her godly philosophy, she simply and mercifully forgives her ‘enemies’ and goes her way in PEACE as God commands.

Further Note by Clemencia Christina Barnes: Judge de Malaherre who is my spiritual counselor and my constitutional advisor has prepared this defence for me because according to my civil rights and beliefs it is a matter of a ‘conflict of ideologies.’ (Religion)

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I am a peaceful person who is conforming to the precepts of the Command of God to always be “peaceful, loving and forgiving’ in the face of persecution by ‘armed powers.’ Said powers are trying to impose their ‘doctrine’ and demands in a very merciless and unforgiving manner and it is this that conflicts with my contra religious ideology.

Judge de Malaherre has advised me that if a judgement is made against me it is proof that the NMC officers hold the Constitution in treasonable contempt because they are making use of the Court of Petty Sessions to STEAL money from the innocent and peaceful.

In the eyes of God and honest ‘men’ it would be deemed an act of ARMED ROBBERY because the Court judgement is backed by the armed Police services. 

It is the NMC officers who disturb the peace of the land and engage in immoral activities as they exceed the limited mandate granted unto them by the Constitutional Authority.

I am a person of peace and living within the legal constraints of the Constitution, those constraints being: “Do NOT disturb the peace of others and do NOT engage in immoral activity.”

Judge de Malaherre has advised me to simply stay CALM in the face of this adversity and to not ‘concern’ myself with the outcome. He states that if person of the State ‘system’ defies their own Constitutional mandate with ITS limitations and finds me ‘GUILTY,’ it simply means that: Those who subsequently trespass onto my property and STEAL my goods will consign their own souls to eternal damnation, (regrettably) as will all complicit, and there is nothing that I (Clemencia) can do to halt their treasonable decisions.

Judge de Malaherre also advises me of the following: This RIGHT to a 'life' of PEACE is guaranteed by THE Constitution to every person who does NOT disturb the peace and who does NOT engage in immoral activities and who therefore does NOT support or fund any person or organisation that has the 'contra' doctrine (Religion) of WAR, control, subjugation, enslavement, extortion, punishment, causing of harm or killing etc.

Individuals who are always PEACEFUL as they 'bow' in subservience to the Command of THE CREATOR (That Command being: Peace & love & mercy & compassion & forgive your enemy) have THE RIGHT to live according to their own ‘individual’ conscience and beliefs.

These individuals should NEVER be forcefully subjugated to obey RULES imposed by any 'State' laws/edicts/acts because, all these are simply the dictates of other mortals who have the 'erroneous' and ungodly BELIEF in their RIGHT to impose their decrees which are backed by force of arms, coercion, threat, intimidation, torture or killing upon EVERYONE in the land.

Presently, everyone operating within the supposedly 'legal' system is operating ILLEGALLY because all officials are backed by the armed Police force (army) and they all deny or defy the Constitutional Authority and their God as they use the Lowly Courts of Petty Sessions magistrates to STEAL from those living peacefully.

By so doing Magistrates are also knowingly or unknowingly coercing the peaceful into bowing to their contra 'Religious Ideology' which they do by the process of intimidation and fear of loss. (This action is the 'forceful imposition of a contra religious observance' which the courts are supporting with assumed impunity)

There is NO ‘debt’ owed and if a punitive judgement is imposed it is clear proof that Dictatorship, Anarchy and Treason is the ‘order’ of the day and the Constitution has FALLEN.

Signed: Clemencia Christina Barnes


Enclosed below on page 4-5 are the relevant acts of the Constitution

page 4-5

Commonwealth of Australia Constitution Act (9th July 1900) section 116

"The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, - and

The Constitution Act 1934 (Tasmania) states:

This document includes a legal guarantee of the religious liberty and equality of Tasmanians. Every citizen is guaranteed freedom of conscience and the free exercise of religion under Section 46(1) of this Act.

Part V - General provisions - Religious freedom

46. (1) Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.

(2) No person shall be subject to any disability, or be required to take any oath on account of his religion or religious belief.

Note: What is or is not ones religion?

Ones religion is not any of the 'named' organisations such as Islam or Christianity or Buddhism, nor is it the named individuals such as Buddha, Muhammad or Jesus espousing the Policy purportedly ordained by the invisible God.

Ones religion is ones specific ideological code of conduct Policy. A doctrinal Policy followed with great devotion in relation to a ‘way or order’ of existence. Ones religion is espoused by ones 'faith or belief' in the requirements of a supernatural being (God) or other Force. An example of this is evidenced by whether individuals choose to 'follow or engage in' WAR or PEACE.

The Constitution LIMITS and RESTRICTS the powers of lower courts whose activities are 'supposed' to always be subject to the constitutional authority. Note:

Legislative powers of the Parliament [see Notes 10 and 11]

The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:

(xxiv)  the service and execution throughout the Commonwealth of the civil and criminal process and the judgments of the courts of the States;
(xxv)  the recognition throughout the Commonwealth of the laws, the public Acts and records, and the judicial proceedings of the States;

PLEASE NOTE - Section 51 above states: All State rules/decrees/dictates ARE subject TO the Constitutions of Australia  and Tasmania given above. Any State Constitutional Act applies equally to all States or territories.

It is VERY clear that it is the duty of magistrates to never 'hear' cases in respect of 'Freedom of religion' because freedom of religion is a constitutional matter which can only be legally 'heard' in the High Court. Regrettably, it is widely known and recorded that all magistrates totally ignore the above and simply 'hear' all cases presented to them by arrogant prosecutors who have 'no' idea even that their own 'powers' are granted and limited by THE CONSTITUTION.


Notice to Attorneys-General

 (1)  Where a cause pending in a federal court including the High Court or in a court of a State or Territory involves a matter arising under the Constitution or involving its interpretation, it is the duty of the court not to proceed in the cause unless and until the court is satisfied that notice of the cause, specifying the nature of the matter has been given to the Attorneys-General of the Commonwealth and of the States, and a reasonable time has elapsed since the giving of the notice for consideration by the Attorneys-General, of the question of intervention in the proceedings or removal of the cause to the High Court.

Prosecutors, in ignoring the Constitution, by placing their 'case' before Petty Court magistrates instead of the High Court are GUILTY of criminal activity, and also guilty of enticing equally arrogant or ignorant Magistrates to 'follow their lead' as they ILLEGALLY persecute the peaceful.

Regrettably, the serving police officers are also dragged into this criminal activity as they are then 'forced' to wage war against the peaceful that they are paid a wage to PROTECT. All involved will find out that ignorance is NO excuse as they are forced by circumstances beyond their powers or guns to control and great travail is to be their fate.

Please NOTE that the below Act does not supersede nor override the Constitution Freedom of Religion Acts.  At all times it is ‘subject to’ the Constitutional authority.

Local Government Act 1993

An Act to provide for local government and establish councils to plan for, develop and manage municipal areas in the interests of their communities. [Royal Assent 23 December 1993]  Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative

NOTE: The ONE true faith* http://www.the-testament-of-truth.co.uk
NOTE: On line copy of this as ITEM 59 – NMC Claim and defence response on page 2 @