Re Magistrate M M Flynn; Ex Parte McJannete [2013] WASC 372

Re Magistrate M M Flynn; Ex Parte McJannete [2013] WASC 372

“The application to this court is vexatious and an abuse of process and must be dismissed. The applicant appears to be one of a group of individuals without legal training who continue to espouse theories of constitutional law that have no basis. Courts in this State and throughout Australia, indeed the common law world, have steadfastly so ruled. As a result of his continuing pre-occupation with discredited legal theory the applicant has sworn in his affidavit such nonsense as:

“I am a Man, a flesh and blood living soul created under God also known as a ‘Human Being’. I am not a corporate entity and I do not consent to my body being transferred to a corporate entity for the purposes of commerce… My name is Man or Robert Paul as per the ‘Birth Certificate’ extracted from my live birth record… and of which Birth Certificate signifies the Cestui Que trust created by the State of Queensland without my consent… I do not consent to the change and capitalization of my name such as MCJANNETT, Robert Paul in any derivation… the two alleged police officers repeatedly ignored my assertions and accused me of being a ‘Person’ named MCJANNETT, Robert Paul… I am not the corporate fiction MCJANNETT, Robert Paul… the two men created identification material being records of fingerprints, DNA samples, and photographs in the corporate name of MCJANNETT, Robert Paul which is not my name but the name of a dead entity… I attended Armadale court under duress and threat of imprisonment in the capacity of the Person’s Personal Representative and in the role of Administrator and Beneficiary of the Cestui Que trust… When the matter was called up I approached the bar table and explained who I am. Magistrate Flynn obviously acting in the role of Trustee, refused to accept my real name and demanded I become the Corporate fiction MISTER ROBERT PAUL MCJANNETT. When I politely stated to Magistrate Flynn that my name is Robert Paul and I am not required by law to have any other name he stated that he was going to have me removed from the bar table and issue an arrest warrant…”

The applicant has attached his birth certificate to his affidavit which clearly shows his identity. If he wishes to play games about his identity while engaged in the serious business of court hearings involving criminal charges, he should expect magistrates to respond as did this magistrate. There is no room in a crowded Magistrates Court for time wasting by idiosyncratic litigants who believe in legal theories that are without merit. Finally, judges administer justice according to law. They are not required to expend judicial time, a scarce public resource, on applications that have no legal foundation and involve a deluded understanding of the law.”

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