COMMONWEALTH ELECTORAL ACT 1918 - SECT 245
(14) Without limiting the circumstances that may
constitute a valid and sufficient reason for not voting, the fact that
an elector believes it to be part of his or her religious duty to
abstain from voting constitutes a valid and sufficient reason for the
failure of the elector to vote.
Klaus Kaulfuss - Court case 19 Jan 2012
Your Honor, it has never been my intention to waste the courts time. I
fail to understand why this case has been proceeded with and feel it
should be dismissed.
Please allow me to present to the court why I did not avail myself for
the Federal Election on 21 August 2010.
The reasons for this are -
Lieutenant Cook under ADMIRALTY JURISDICTION placed a flag into the
ground at Botany Bay, N.S.W. in 1770 and used the DOCTRINE OF TERRA
NULLIUS to proclaim this land as an extension to the British Empire
with the consent of the reigning Monarch. This was clearly a breach of
his "SECRET ORDERS" dated 30 July 1768 which can be found in the
public domain libraries and throughout internet data bases.
http://foundingdocs.gov.au/item-did-34.html Secret Instructions to
Lieutenant Cook 30 July 1768 (UK)
Lieutenant Cook's secret orders contained TWO CONDITIONS that would
allow him to claim land for Britain.
1 IF THE LAND WAS UNINHABITED - WHICH IT WAS NOT
2 IF THE NATIVE PEOPLES GAVE THEIR CONSENT - WHICH THEY HAD NOT.
Since then, the basic terms of peaceful coexistence between First
Nations Peoples and those who came later have never been negotiated in
Australia. This makes Australia the only Commonwealth nation not to
have treaties with its First Nations.
In the High Court ruling otherwise known as the "MABO DECISION" OF
JUNE 3rd 1992, The High Court REJECTED the doctrine of Terra Nullius
that Cook had used in 1770 to claim this land in the name of his
Monarch and for Britain.
On 16 March 1875 the British House of Lords confirmed and enhanced the
1872 Pacific Islanders Protection Act by creating Section 7, relating
to all the Aboriginal Peoples of the Pacific, including Queensland,
New South Wales, Victoria, South Australia and Western Australia. (We
must remember the Northern Territory was part of South Australia at
this time). In this Act the British House of Lords, with the Royal
Assent of Queen Victoria, officially recognised the sovereignty of
Aboriginal nations and Peoples. In doing this, the British parliament
included in the legislation the recognition of the authority of our
chiefs (Law and Lore men and Law and Lore women) by legislating that
their powers and authorities could not be diminished in any way
whatsoever.
..2/
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In the final part of the 1875 Pacific Islanders Protection
legislation, it was a requirement of the parliaments of each of the
colonies identified that these Orders in Council were to be tabled in
each House of Parliament. We now know that this was never adhered to
by the colonial parliaments in Australia. We must also question the
integrity of the Australian High Court decision in Mabo (No.2),
because the High Court failed to expand on the true recognition of
Aboriginal sovereignty. This confirms that even within the legal
system the Aboriginal People cannot expect true justice as the courts
are protecting their system at all costs, in order to maintain the
status quo.
Aboriginal sovereignty is no longer a dream. Sovereignty is not only a
fact but a matter of law as written in the Pacific Islanders Act of
1875.
I also wish to present the following.
Article 2 of the United Nations’ Convention on genocide is defined as:
(a) Killing members of the group
(b) Causing serious bodily or mental harm to members of the group
(c) Deliberately inflicting on the group conditions of life calculated
to bring about its physical
destruction in whole or in part
(d) Imposing measures intended to prevent births within the group
(e) Forcibly transferring children of the group to another group
I believe Australia has breached all of the above
Article 3 defines the crimes that can be punished under the
convention:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
The convention, which Australia ratified on 11 Dec 1948, also states
that all participating countries are advised to prevent and punish
actions of genocide in war and in peacetime.
This clearly has not happened as the following examples confirm –
• The Northern Territory Intervention (NT Emergency Response)
• Continuance of Aboriginal deaths in custody and alarming increases
in incarceration rates within our prison system1, 45% of prison
inmates in some jurisdictions are of Aboriginal ancestry whilst only
making up 5% of that population, juveniles in Western Australia are
48 times more likely to be imprisoned than their white peers, 50% of
the 10 to 17 year-olds in jails are Indigenous.
• Removal of Indigenous literacy programs2 within community education
facilities
• Failure to recognise First Nations’ sovereignty
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1
http://www.creativespirits.info/aboriginalculture/law/aboriginal-
prison-rates.html#ixzz1jU51VBRx
2
http://www.thewire.org.au/storyDetail.aspx?ID=8484
I also wish to draw the court’s attention to The Nuremberg Principles
I to VII.
Principle IV states: "The fact that a person acted pursuant to order
of his Government or of a superior does not relieve him from
responsibility under international law, provided a moral choice was in
fact possible to him".
This principle could be paraphrased as follows: "It is not an
acceptable excuse to say 'I was just following my superior's orders'".
Furthermore I must state that while my conscience influenced my
decision not to attend a polling station on 21 August 2010 my decision
did not result in harm or damage to any persons or property – to the
contrary I seek a more just and ethical society.
I see that by voting for candidates aspiring to be elected to
Parliament I will be condoning and become complicit to Articles 2 and
3 of the genocide convention and supporting ecocide.
The Government tells us nothing and the Opposition has nothing to
tell.
The major parties are now devoted to the same policies, that is -
socialism for the rich and capitalism for the poor. Our human rights
are being continually eroded and this is especially so in the case of
our First Nations’ people.
Furthermore my conscience will not allow me to vote for people who are
not honorable and who wage wars in foreign countries as is now
occurring – the voice of the people is being disregarded by those who
are meant to be representing them. I firmly believe that my voice is
not being heard and that politicians and all Governments have
relegated me to bystander status as the corporate lobbyists dictate
government policy.
Finally I fail to see why the AEC has forced me into this court
considering the facts I submitted to them, whilst the documentation I
sought from that Commission has not been produced until this current
time.
Your Honor I have copies of all correspondence that I have tendered to
the AEC prior to and since the Federal election of 21 August 2010
together with a copy of this text for your perusal if you wish.