Press Release: Immediate
Metric Martyrs Defence Fund
12 noon 24th February, 2005
" Will the Terrorism Bill 'free' the Metric Martyrs?"
The Government is trampling over the Rights and Liberties of the People...with an unforseen consequence.
Where can liberty turn?
Charles Clarke, a politician and not a judge, is now to make lawful whatever he says is lawful...However,
"NO FREEMAN shall be arrested or detained in prison or deprived of his or outlawed or exiled or in any way molested . . . except by the judgment of his peers."
Magna Carta, 1215.
If we reference back to Section 62 and 63 of Lord Justice Laws' Judgment at the Supreme Court of Judicature (Queen's Bench Division) February 18th 2002, commonly known as the 'Metric Martyrs' Judgment (full Judgment here ) we can see...I paraphrase but, in essence...
"We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional statutes". The special status of constitutional statutes follows the special status of constitutional rights. Examples are the Magna Carta, Bill of Rights 1689 … Ordinary statutes may be impliedly repealed. Constitutional statutes may not…"
Therefore, the Prevention of Terrorism Bill in order to go through Parliament must expressly repeal the relevant section of Magna Carta otherwise, according to the precedent set by Laws, there is no repeal, so no-one can be held or imprisoned without an appearance before a court.
Magna Carta (a 'constitutional statute' cannot be repealed by the Prevention of Terrorism Bill, an 'ordinary' statute). To debate Magna Carta before the full house and expose the fact that it is every British citizen who will be deprived of a fundamental right is not what the Government will wish to do.
This thrusts the Metric Martyrs right back into the spotlight because we are currently using Lord Justice Laws Judgment against 'fines and penalties' imposed by 'administrative bodies'...unlawful if we apply the Laws Judgment because there is no express repeal of the relevant section of the Bill of Rights 1689 (a 'constitutional statute) which states:
"That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void"
which would be required for the 'ordinary' statute (such as the Road Traffic Act 1991 which 'decriminalised' Parking offences) to have force in law. (Press report here)
Metric Martyrs Campaign Director, Neil Herron states, "Whichever route the Government wishes to proceed, one of the two must fall. Either the Metric Martyrs Judgment is correct which will have the effect of no imprisonment of suspected terrorists without trial, and the effect that all 'administrative 'fines and penalties ( such as decriminalised parking tickets, late payment penalties by the Inland Revenue and SORN notices by the DVLA) are unlawful; or the Metric Martyrs' convictions are unsafe. Either way, the Government are backing themselves up a very tight alley and are playing for very, very high stakes the implications of which they have not even considered as they stumble from one constitutional crisis to the next."
ENDS
Neil Herron
Campaign Director
Metric Martyrs Defence Fund
12 Frederick StreetSunderland
SR1 1NA
Tel. 0191 565 7143
Mob. 07776 202045
e-mail metricmartyrs@btconnect.com
Thursday, February 24, 2005
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- Will this be the downfall of the assemblies?
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- Will the Terrorism Bill 'free' the Metric Martyrs?
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18 comments:
Would it not be enough to include a phrase like "... notwithstanding any contrary provisions of Magna Carta and the Bill of Rights ..." rather than repealing them?
As most of Common Law, especially Magna Carta is a contract between the Crown and the people, to alter, repeal or anything else it is not simply up to Parliament to do either, but the people and they are hardly going to agree to doing away with their hard won rights.They will however, in the end, fight for them.
It seems to me that this pernicious government does just as it likes regardless of the majority of peoples civil liberties. It also appears that the Human Rights Act supersedes that of our own Magna Carta and Bill of Rights. Nothing will change while this dangerous piece of legislation, HRA, is in place, and once the Charter for Fundamental Rights is introduced things will get much worse, England and its once proud traditions will be finished.
What I'd like to know is, why the HRA didn't work for the Metric Martyrs, after all their human rights were abused by prosecuting them for something that, as far as I'm aware, is still perfectly legal.
Your comments while seeming to have the strength of logic like John Major’s appeal [DT Tuesday] for Blair to stop the use of “Dirty Tricks” in the forthcoming election will fall on deaf ears. Why, because we have a fascist Government. I do not say this without thought and research into the history of the rise of fascism in Germany and Italy in the 20’s and 30’s. The actions of the Blair New Labour have all the hallmarks of Fascism.
As examples - Home Secretary Clark to rush through new bill on House arrest without trial after Law Lords ruling. [see your press release] Near continual attacks on the media when not conforming to the Governments view. The digging for dirt on the Opposition etc etc - all commonplace in Nazi Germany in the early thirties.
I read the following definition of fascism “Elements of socialist ideological roots, but ultimately, the forging of an alliance with an elite sector of society”. [Chip Berlet 1992], Remember the Rumanian steel scandal and Blair’s’ dinner guests from the world of entertainment.
Probably the best definition was Ken Livingston’s remark this week “the victims may change but the intolerance, hatred and fear pervade every issue.” Just about sums up the Hunting bill. [Hitler abolished Hunting in 1932]. I know that my quote is out of context but the words fit as quite often happens with fascists and similar.
Reference to our Mayor of London reminds me of another definition of fascism by the same author “Abandonment of any consistent ideology in a drive for state power”. – i.e. Red Ken’s return to the New Labour fold.
The case can be developed into a full-page article or even a book but would anyone publish? We stay silent at our peril – Our democracy is in greatest danger.
Signed…………. Anthony P Berend
e-mail anthonyberend@blueyonder.co.uk
I am anonymous only because I cannot remember my password
Mr Blair, Mr Livingston etc – sue if you dare
If they use the term British citizen, does that mean since the British State didn`t come into being until 1707, that statutes & laws passed before that (Magna Carta, etc) simply don`t apply?. Are these ancient laws still on the statute books.
This is quite the most lawless government I can recall. The "contiguous cull" of livestock during the Foot & Mouth outbreak was completely ultra vires. This was a massive attack on property rights without statutory authority. This was proved when they passed a subsequent Animal Health Act permitting the authorities to slaughter any livestock whenever an official was "satisfied" that it was necessary - just as HMG was "satisfied" of the existence of Iraqi WMD. Not only that - they made it a criminal offence to fail to assist such an official.
This corrupt sleaze ridden excuse of a Goverment should be forced out in disgrace
I have just written to my MP on this issue, can I urge all to do the same. One letter is counted as representing a thousand people. Evil prospers when good men/women do nothing.
Is it possible that the bill could allow a govt.to suspect an anti-European Conststitution campaigner of potentialy threatening acts and restrict their movements ?
How can any sane and thinking person not agree with all of the above.
Fascism is an abomination on the face of the body politic as I am sure the 100 million plus who died between 1933 and 1945 will amply testify.
It is worth remembering the old saw that "the only way for evil to prosper is for good men to do nothing".
We must do something!!!! but what?
I read the comments about this being a fascist government with interest, but I think Blair is more in line with Stalin. I have just finished reading a book by Simon Sebag Montifiore, Stalin, the Red Tsar, and the similarities to this government is amazing, albeit without the bloodshed. NL are against, no matter what they say, ordinary people being prosperous, they change the rules & regulations as they go along and they have made mockery of Parliamment and democracy. How the polls keep indcating that NL will win the election again is beyond me as I know nobody that will vote for them. Is it going to be another famous New Labour stitch up, probably.
I know the above isn't directly connected to the Metric Marytrs but I believe it's relevant in the sense that NL, if re-elected will curtail every one of our traditions and freedoms. Please DON'T vote NL.
My uncle died in the 14-18 War for Freedom, my father was shot at Gallipoli, my mother worked all day and did fire duty all night in WW2 in London. Mr brother was mentioned in despatches post war, my friends boy friends served in Korea, the Americans came to our aid in WW2 in their thousands. For freedom from being banged up with no trial. This is being rushed through to shut up anti-Eu speakers or any other anti-government speaker. Even Mugabe goes through the motions of a trial. And it will not work putting people in houses. Their watchers will be slaughtered, and who is going to fund all this? Red Ken? I have lived too long and had never ever thought to see such an abandonment of liberty in this country. I weep for my children and their children. Jennifer, just an ancient granny but I aint voting for this treasonable party regardless of what bribes they may 'float in the wind'
BILDERBERGERS
This is all very worrying, they are removing our protection against despotism while increasingly becoming more and more despotic.
Does the Magna Carta cover all of the "UK?"
I have been reading, on line, the EU Constitution, what dire reading. What astounded me is that not only has that hypocrite Blair signed our freedom & liberty away but Jack Straw and The Queen,have put their signatures to this dangerous document. As I've always been given to understand, the Queen, being head of this country, albeit non-political, her job was to ensure the well-being of the country and its people, so much for caring. I have never seen any mention of the Queen having signed up to sell us out, what an eye opener. I've always been a royalist, but not now. Everyone should be sent a copy of the EU Constitution, and made to read it, to let everyone see just what is in store for them under the Communist EU.
Kill the Kilo Promote the Pound!
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