~ Reference NMC v/s Clemencia Barnes case 'judgement' 9th December 2016 ~
Dear Roger Illingworth, Sir. Please advise me exactly 'what' your duties are in respect of being the Court Clerk. Is it that you contribute to the Court by overseeing and assisting in the provision of administrative support to Court processes? For your information I enclose below information in respect of the duties of a Court Clerk as found on line on the Tasmania Government web site.
In my opinion it is the duty of the Clerk of the Court to ascertain whether or not cases presented are presented in accordance with THE LAW.
I am truly concerned that after 18 years attending the Launceston and St. Helens Magistrates Court, that everyone concerned is ignoring the CONSTITUTIONAL RIGHTS of citizens who are being 'tried, judged and punished' ILLEGALLY because Magistrates are hearing and judging 'Freedom of religion' cases when they are NOT 'licensed' to so do.
IF you have been advised that a 'case' presented to the CLERK of the Court (yourself) by a complainant IS A CONSTITUTIONAL matter, then having READ the below 'duties' of the Court CLERK, is it not true that YOU should advise the complainant that they cannot present their case to the Magistrates Court but must place IT at the 'table' of the HIGH COURT of Australia?
Since my last verbal communiqué with you was one wherein you indicated to me that you are RIGHTFULLY a 'stickler' to obeying PROTOCOL and operating WITHIN THE LAW, then maybe you need to READ the submission by me for NMC (Northern Midlands Council) v/s Clemencia Barnes and you will then observe that it CANNOT be legally heard by Magistrate Brown and you can then advise the Magistrate so and also advise the NMC.
I ask of you: If the Clerk of the Court becomes aware that irregularities are taking place and said Clerk ignores it, can it not be construed that the Court Clerk is complicit to the treasonable actions taking place? Mrs Barnes has already been fined thousands of dollars by Magistrates who simply IGNORE their SWORN duty.
I simply ask YOU to consider all words below that are underlined in red and 'bold' because as far as I am concerned, the breach of protocol and illegal, criminal and TREASONABLE actions of Tasmania Magistrates is to now END and I do not wish for YOU to become 'entrapped' through IGNORANCE.
I attach above the 6 page submission for your convenience, and I can but trust that on examining its content you will realise that Clemencia is being persecuted illegally.
Clemencia has already been fined illegally and been harassed and terrorised for 15 years and the MPES has issued an 'eviction notice' on her property due solely to collusion between prosecutors and Magistrates. I will contact you prior to 9th December being the date of her next hearing.
My concerns as ever are for the Tasmania POLICE PEACE Service because it is they who become unknowingly 'entrapped' into collusion with all said irregularities as well as the ongoing causing of harm to a PEACEFUL INNOCENT citizen who has NEVER disturbed the peace and who IS operating legally within THE Constitutional LAW OF THE LAND. – Terence Malaher
1 - Court Clerk
The Department of Justice
2 - Aim - A safe, fair and just Tasmania.
3 - Purpose ; To support the Tasmanian Government to promote the rule of law by
- ensuring an effective, efficient and accessible justice system.
- protecting and respecting rights.
- improving laws.
- influencing positive behaviour and enforcing responsibilities.
4 - Divisional Information
The Magistrates Court of Tasmania aims to serve the community by providing access to an accountable, independent and impartial system of justice administered according to law.
The Magistrates Court provides a system for the efficient administration of Justice and provides support to the Magistrates in the discharge of their duties.
5 - Objective
Contribute to the objectives of the Magisterial Division of the Department of Justice and the operations of the lower court system through the co-ordination and recording of proceedings in court and in Chambers and by undertaking a range of associated administrative and clerical functions.
6 - Duties
- Co-ordinate the day to day activities of the court, including pre-court checking, preparation and organisation of documents, exhibits, correspondence, statistics and liaison with Court Security.
- Ensure the proper and accurate recording and monitoring of court proceedings, including the monitoring and operation of technical equipment, together with the completion of all court records and associated correspondence.
- Provide a comprehensive level of administrative support and assistance to the Magistrate including Chambers filing and under direction from the Magistrate provide acts; statutory rules; sentencing materials and other resources as required.
- Administer and maintain the Magistrate’s Diary and ensure effective case management and procedural guidelines are maintained.
- Liaise with Magistrates, court staff, members of the public, the legal profession and prosecution to ensure orderly and efficient court proceedings.
- Discharge the responsibilities of the Clerk of Petty Sessions in respect of the business of any court in which you are acting as clerk, by the issue of court documents as required.
- Provide relief to other Court Clerks in periods of leave, sickness and high workload.
- Provide training, guidance and initial supervision to new Court Clerks and assist in other areas of the court as directed by the Team Leader.
- Act as Clerk to the Adjournment Court and provide general assistance to Bench Justices in the performance and discharge of their duties in Preliminary Proceedings, Adjournment Courts, Council Courts and Traffic Courts.
7 - Level of responsibility
The minimum standard of behaviour expected of all Department of Justice employees is to:
- Consider people equally without prejudice or favour.
- Act professionally with honesty, consistency and impartiality.
- Take responsibility for situations, showing leadership and courage.
- Place the public interest over personal interest.
- Appreciate difference and welcome learning from others.
- Uphold the law, institutions of government and democratic principles.
- Communicate intentions clearly and invite teamwork and collaboration.
- Provide transparency to enable public scrutiny.
- Be fiscally responsible and focus on efficient, effective and prudent use of resources.