The appellant was charged for refusing to give a breath sample, possession of cannabis, drive under influence, and obstruction of a police officer. At the mention he refused to enter a plea, saying to the magistrate:
“Do you agree that the prosecution has not provided the evidence, the statutory laws apply to, a man, a son of Christ? Is it your intention to entice me into slavery, your Honour? I now surrender the person Matthew Elliott to the Court. I stand as a Commonwealth public official. I’ve sworn allegiance to Her Majesty the Queen Elizabeth II and to the Commonwealth.”
He was convicted and appealed the decision in Elliott v Commissioner of Police [2014] QDC 161, alleging dishonesty on the part of the officer, that the court lacked jurisdiction, the appointment of the magistrate was unlawful and the judgment was bias. The appeal was dismissed.
Click to access elliott-v-commissioner-of-police-2014-qdc-161.pdf
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