Back to Freedom of religion pages

~ Defence submission paper ~

Summons Complaint No: 32329/17

Dear honourable Magistrate, I Terence Malaher State: At the time of my arrest I asked the officer if I was disturbing the peace in any way and he replied: "No." It is my belief that the role of the Police service is to uphold the peace of the land. The reason why I state that I am "Not guilty" to any of the charges listed is primarily for three reasons:

1 - I am living in accordance with and I am true to my God-given conscience, faith, belief and religious ideology of absolute pacifism, and I never disturb the peace of the land.

I am also living LEGALLY within the context of the Acts of the 'Freedom of religion' clause of the Constitution of the land, and IT guarantees my 'protection from persecution' and the freedom to so live as long as I conform with the  two 'provisos' given within this document of defence. (subject to public order and morality)

2 - Since the charges against me are in reference to State rules/law being applied by the prosecution, I am not guilty because the constitutional Acts override and nullify all or any State laws unless I have disturbed the peace.

3 - In living in accordance to my peaceful religious ideology it is not possible for me to fund by tax or licence fee any person or institution of government having the contra 'controlling, punitive and warring' doctrine such as yours. If I was to so do, I would become complicit to the injury or emotional trauma caused to other children of God by State enforcers and would place myself within the 'eye for an eye' punitive return factor of God's immutable "Law of equal return." (As you sow so shall ye reap)

My ideology and 'conduct' is different to that of the police 'officers' and other State operatives and I state: It is my firm belief and considered opinion that for me to deny or defy our Creator, (God) that it would of itself be an Act of anarchy and treason and an 'abomination' because I 'owe' my eternal existence to Him my Creator.

I advised the officer that I was within my constitutional rights to use the public road, and my religious ideology (belief) precluded me from funding any punitive or warring system by licence 'fee' as was my right. I only fund what by my conscience is perceived as being a benign or educative community effort.

The complainant constable Michael Bonde of the Northern district prosecutions services has issued an illegal summons upon myself. This summons is illegal because:

1 - I have not disturbed the peace of the land.
2 - I am living in a peaceful manner as commanded unto all mankind by our God, and I have never disturbed the peace of the land.
3 - I am living in accordance with my conscience, as also granted unto me within the 'Freedom of Religion' Acts of the Tasmania Constitution. References below.
4 - I have in no way contravened any State laws applicable to myself.
5 - The prosecutor Bonde is exceeding the mandate granted unto himself by the Constitutional authority.
6 - Since there is no 'named' Justice of the peace legitimising the Summons, it is an illegal document.
7 - Since the matter is one of 'faith, doctrine, belief and religion,' it is not a matter for the Court of Petty Sessions. It is an illegal and criminal matter to 'hear or judge' a High Court matter in the lower State Court before a Magistrate.

The prosecutor (Bonde) and the serving police officer have both been advised of their limited powers as granted within the Constitution, and since I am living within the constraints of the Constitution, NO State rules/laws/decrees apply to me unless I DO 'disturb the peace' or carry out immoral activities.

 page 2

It is quite clear to me that the prosecutions department and its summons issuer are quite 'happy' to use threat, coercion and intimidation to obtain their outcome. They are also quite 'happy' to employ the collusion of their own police officers as well as the local Magistrate to enforce their 'attack' upon my person.

Within my ideological system of BELIEF, doctrine or Religion, I cannot support, condone or FUND any person or institution whose officers bear 'arms,' invade, interfere, control, threaten, coerce, punish, injure or kill.' This means YOUR 'system.' Why is my belief 'so'? Because said ACTIVITY is a complete contravention of God's DOCTRINE of peace, love, mercy, compassion and forgiveness commanded unto man. A doctrine that is reiterated to the global community via my 'Testament of Truth' web site.

IF I am proven to be living within the constraints of the constitutional 'Freedom of Religion' Acts, then it is clearly obvious (to me anyhow) that all involved in my persecution are in VIOLATION OF THE LAW.

Since the prosecutor verbally and via this paper has been advised of his ERROR 'under' the Law of his own institution, his decision to proceed with the summons and ignore the constraints of the Constitution shows his liquid arrogance. Not only this, but he is attempting to 'thwart the course of Justice' and is 'drawing' the police and magistrate into complicity to treasonable ACTIVITY.

If the court clerk produces a list of 'fines' imposed upon me by the Tasmania Court of Petty sessions over the years, it is clear proof that a criminal conspiracy has been in existence for many years, wherein the prosecution, police and magistrates colluded to try and extort monies (fines) from myself illegally, treasonably and criminally.

The 'variance' between the charges on the summons and my ideological beliefs are that the State laws require an annual 'tax' to be paid before I can use my driver's certificate of competence issued many years ago, and the State laws require an annual payment of a $10 'number plate' TAX hidden in the registration aspect.

I believe and I am entitled to so believe that my 'qualification to drive' is my drivers 'pass mark' received at the time of the driving test. I do not believe that I must fund your system any annual tax fee.

I do not believe that I must pay an annual 'number plate tax' before using the PUBLIC roads. The two tax 'fees' are used to FUND the coffers of your doctrinal belief system of armed control and punishment. A doctrine that of itself is in conflict with my doctrine of peace, mercy, compassion and forgiveness.

I Terence Malaher further State: It is my belief that I have no case to answer in this court because I am living in accordance with the constraints of:

A - The Command of our Sovereign Lord God and;
B - The Freedom of Religion clause set out in the Constitutions of Tasmania and of Australia, which clearly state that I am a protected person within this clause. Within the framework of said Constitution in so far as that concerns the Freedom of Religion clause, I am also legally beyond the jurisdiction of this Court of Petty Sessions.

These Rights also preclude me from being ‘tried’ in any court such as a Magistrate’s court because it has NO ‘jurisdiction’ to try me because the High Court alone deals with matters as mine being one of ‘Conscience & religious ideological BELIEF.’ I further State:

 page 3

I am NOT using the 116 clause of the Australia Constitution solely as my defence because my defence in fact rests 'upon or within' my conscience and my ideological religious BELIEF in absolute pacifism. It is my belief and understanding that:

 C - The content words of 116 and the Tasmania Act 1934 above are directed to and directions to you and other officials of State rather than only to the public.

D - The content directions of 116 and Act 1934 are what have been enacted to LIMIT THE POWERS granted unto State enforcers by GOD as well as by those who invoked said 'acts' in the first instance.

E - Section 116 does NOT 'limit or restrict' the conscience or living ways of the peaceful who have an ideology of PEACE and who do not disturb the peace.

Section 116 simply RESTRICTS and limits state officials the use of forceful powers because God via 116 protects the peaceful of moral standing from HIS enforcers. I give this Act 116 for your consideration only.

F - If it had been the intent of God or those who raised UP the Constitution of your institution to give State officials UNLIMITED POWERS then there would have been NO need for the provisions given in 116 and 46.1.

These provisions were granted so as to PROTECT the peaceful of moral standing and to 'permit' them to live in peace as they obey their God and do NOT fund the coffers of warring tribes. (Every government on earth is a 'warring tribe' as they all have armies and other armed enforcers and all wage war upon others when their 'leaders' so decide to.)

G - The right to use God's forceful power as granted unto State officials by THE Constitution ONLY applies to those who do NOT have a peaceful ideology but who have the punitive and warring ideology of retribution, and who therefore believe in their right to DISTURB THE PEACE.

H - The 'proviso' granting the High Court the POWER to persecute, prosecute or punish or NOT, rests in the clause Part V 46.1 - General provisions:  < Subject to public order and morality > This means that within the constraints of 116 of their Constitution, State officials can prosecute ANYONE of ANY belief or ideology who is of immoral activity or who disturbs the public peace.`

Further to the above it is my belief and understanding that: All subsequent State decrees, rules, laws invoked are ‘subject to’ and 'limited by' the rules as contained in the 'Freedom of Religion' Acts of the Constitution, because IT is the overriding Sovereign Authority of the LEGAL system of the land which as said, grants limited powers of prosecution, persecution and punishment.

It is my considered opinion that when State enforcers ignore the constitutional authority with its 'religious' limitations, and illegally use State decrees to steal money from the peaceful, that it is purely and simply modern day "Highway Robbery" backed by the armed forces. (Police - community PEACE Service)

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.

page 4

If for ANY reason a person chooses to ignore the constitutional Authority and place a case before a Tasmanian Magistrates court and a punitive judgement is imposed,  then it is surely proof that there  is an absolute disregard to the Constitution of the land  and thus:

1 - There is NO 'honesty,' sanity or legal validity in this land and all involved are a 'common' criminals.
2 - The 'claimant' is seeking to contravene the Constitutional Act (9th July 1900) section 116 and < prohibit the free exercise of any religion >
3 - The 'claimant' is seeking to contravene the Constitutional Act 1934 (Tasmania) and defy the <
legal guarantee of the religious liberty >

4 - The 'claimant' is seeking to contravene the Constitutional Act 1934 (Tasmania) and deny the < guaranteed freedom of conscience >
5 - The 'claimant' is seeking to contravene the Part V - General provisions and deny the <
guarantee to every citizen >
6 - The 'claimant' is seeking to contravene the Part V - General provisions) and deny the < No person shall be subject to any disability >

Sad indeed will it be for the Tasmania Police PEACE force if they are 'chosen' to enforce any illegal court of petty sessions judgements because they will also then be known 'globally' to be 'Mafiosi' style gangsters taking a false wage from THE PEOPLE.

It is the time for the Police officers, elders, prosecution and Magistrates to see that the use of State rules in a Court of Petty Sessions is denying me my constitutional Rights. It is also denying me the God-given Right to use my own conscience and obey God and never fund any punitive organisation.

If I am punished in a State court then that is an act of coercion in an attempt to force me to change my ideology. That is an act of Treason and anarchy on the part of all complicit in my 'trial' in a Court of Petty Sessions.

1 -Since I am a pacifist, I cannot support any person or institution that causes harm to other people. I can only support, condone or fund benign community activity. I seek to educate persons who disturb the peace.

2 -  I do obey Gods Command and I also live in accordance with the 'Freedom of Religion' act of the Constitution of your institution..

3 -  The Police disobey Gods Command and they also interfere illegally in the lives of the peaceful using State rules in defiance of the Freedom of Religion act of the Constitution. The constitution legalises but limits Police authority to that of 'upholding the peace.'

4 - The facts are that neither the police, prosecutor nor magistrate can use their own conscience nor obey their God because the State rules RULE their interaction ACTIONS.

5 - The fact is, that it is the 'job' of the High Court to prove or disprove whether or not the individual 'arrested' has disturbed the peace or is carrying out immoral activities in contravention of the 'subject to' clause:

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

Page 5

 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.

Added Note

DEMOCRACY is where a person is a pacifist - - - living by their own God-given CONSCIENCE in obedience to/with God's Command and by the ideological principles of said Command unto man by God. (Peace, love, mercy, compassion, turn the other cheek if abused in non-retaliation and forgive the other.) - - - AND - - - this individual is not being forced by armed forces to participate in or fund the OPPOSING doctrine of control and punishment and war that is the 'way' of every government 'system' on earth today.

Presently, all mankind is being RULED by rules raised up by other mortals who IMPOSE their anti-god doctrine upon everyone FORCEFULLY. This 'doctrine' and 'way' is that of THE DEVIL. (Dark energy of the Source) -

Only fund benign community effort if you wish for the protection of God. (Render unto God that which is God's)

Naturally, if you seek the protection of armed forces of man, then you must fund their wages. (Render unto Caesar)

page 6

Honourable Magistrate, 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? I have already been fined thousands of dollars by Magistrates who simply IGNORE their SWORN duty. The fines remain unpaid to date as to my mind they were imposed simply as 'coercion.'

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.

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.

I trust that the honourable magistrate will find that there is no case to answer in this court.

I stand at the Mercy of God - Terence Malaher

page 7

The below is a 'constitutional advisory to assist all Magistrates.

Some of the words in the Constitution are what 'licence or mandate' officials and State politicians, enforcers, magistrates and judges to Govern, control, punish or to go forth and wage war.

Some of the words in the Constitution LIMIT or RESTRICT the government control over 'some' in the community. These being THE PEACEFUL who not only believe in obedience 'to or with' the Command of their Sovereign God, but they also never 'disturb the peace,' nor do they vote for man as 'head of house,' nor do they fund by 'fee or tax' any contra warring doctrine, because they also factually obey the pure DOCTRINE of God's Command that states:

"Go your way in peace and love one another and be merciful, compassionate and forgiving to those who are in 'sin' living, and never retaliate in the face of adversity, but 'turn the other cheek' if harmed" and "Thou shalt not steal nor cause harm nor kill."

(A) - The Constitution guarantees the individual the Right to due process of the law within the Freedom of Religion Acts.

(B) - The Constitution guarantees the individual the Right to live by their own conscience within the Freedom of Religion Acts.

(C) - The Constitution guarantees and 'permits' the 'peaceful and moral' persons the Right to NOT fund a contra doctrine of war or punishment, nor to participate in any of its anti-God activities.

(D) - The Constitution guarantees the individual the Right to ignore all licence fees and taxes invoked or demanded by State Law if they 'hold or have' the religious doctrine or ideology of PEACE, because they cannot 'conscionably' obey God and fund 'war or punitive' measures which are in conflict with their ideology of Peace. This 'freedom' of conscience, faith or belief is granted within the Freedom of Religion Acts, however,  - - -

(E) - There are TWO 'provisos,' being the: < subject to public order and morality > General provisions in the 1934 Act of Tasmania.

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


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.

In respect of ones Rights in (A, B, C, D, E) above, for a State prosecutor or magistrate to ignore the Rights of the peaceful, and to also ignore their LIMITED operational mandate granted within the Sovereign Constitution, and to thus proceed against a peaceful person in a State court of Petty Sessions with the intent to cause emotional trauma, extort money in fines, or to threaten and coerce a peaceful person to 'change' their ideology, and to thus 'bow' to their dictates, is an ACT of High Treason and Anarchy and is an activity punishable by spiritual 'death in the underworld.'

The LAW of the Sovereign constitutional authority overrules all State law with NO exception. NO State law/rule can be applied or used in any constitutional matter of faith, belief, conscience or religious ideological doctrine UNLESS the individual has 'disturbed the peace or found to be involved in immoral activity.'

Either way, if their is a 'conflict' of opinion in reference to matters of 'faith' or doctrine, then the matter can ONLY be 'heard or judged' in the High Court. It is Anarchy and Treason for a prosecutor to place a matter of 'religious ideology' before a State court of Petty Sessions. It is Anarchy and Treason for a magistrate to 'hear or judge' matters of religious doctrine.

The taking of a false wage and defiance of the limited mandate granted by the Constitution is a criminal act of 'double jeopardy,' and the vain and ignorant who so do are deserving of their FATE. So sayeth God via this pen. Matters pertaining to the 'Freedom of Religion' Acts of the Constitution can only be legally heard and adjudicated by the High Court.

GOD is the ultimate 'Judge,' and any defiant of HE place themselves within the 'eye for an eye' aspect of His divine Law of equal return.