During the COVID-19 pandemic on the 24 August 2021 police went to a NSW property after the Lismore Police Station was informed that the property owner might be attempting to print and distribute pamphlets to invite people to a public gathering or protest on 31 August 2021.
(See the report here: https://constitutionwatch.com.au/nsw-police-guilty-of-trespass/)
The police stated that they were concerned that if a public gathering or protest were held as suggested by the pamphlets, it would be in breach of the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 (NSW), which was in force at that time.
According to the police, they attempted to contact the owner on her mobile telephone, but they were not successful.
As a result, Det Insp Greenwood telephoned Sen Const Fahey and tasked him with paying Sanchia a visit at her property to attempt to get further information about any intentions she might have of organising a public gathering or protest. This was confirmed in an email sent to Sen Const Fahey that day.
When the two policemen arrived, they found that the gate to the property was shut and secured with a chain and a locked padlock.
In addition, there was a No Trespassing sign attached to the gate, and another No Trespassing sign just inside the property gate.
Did the police obey the law and leave?
Of course not! They have come to believe they are above the law. After all, they are the police, right? Therefore, they can do whatever they like!
The law they should have been aware of was this:
But sadly for them, they have been brought to heel and learned that no one is above the law in Australia. In fact, if you read the Commonwealth of Australia Constitution Act 1901, clause 5, it states very clearly:
5. This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State;
Instead of obeying the law, these two bozos jumped over the locked gate, without touching the padlock, ignored the No Trespassing warning signs and invaded the private property. They had no warrant to justify this.
The ignorance of the law these two purported minions of the law displayed in their evidence to the court is breathtaking.
Sen Const Fahey said that he attended the property in good faith to make inquiries and did not think that the no trespass notice applied to him at the time. Perhaps he needs to go to Specsavers, because the No Trespassing sign stated explicitly that it applied to the police.
Sen Const Rankin said in his evidence that he believed it was “common law that police can enter a property to speak to the resident and make inquiries regarding an unlawful act” and that “common law gives us the right to enter a property to speak to the resident”.
Rankin needs to go back to school to learn the law, especially our Common Law, which is the superior law of our land. In fact, common law is embodied in our Commonwealth of Australia Constitution Act 1901. Going by the ignorance these two have displayed, it’s clear they were not taught about our Constitution or Common Law at the police academy. So, what are they teaching these people who are supposed to be there to protect us and uphold the law?
Obviously, they are not learning about our rights.
The question is, are they being told they have carte blanche to do whatever they like because they have a badge and a gun? It certainly seems that way these days. We are hearing so many reports of people’s human rights being violated in the most abominable ways. For example, we have heard of people being dragged from their cars, thrown to the ground, pummeled, punched, and even kicked. Other people have reported that the police have invaded their property under the pretext of a court order to steal parent’s children from them.
Getting back to the two Lismore police, it was reported that as the two policemen walked up the long driveway, the owner’s daughter observed them walking towards the house and she met them halfway. She immediately asked them to hop back over the gate and they could talk there. But the two clowns ignored her when she pointed out they were trespassing. Instead, they harassed her, trying to find out when her monther would be home.
She told them several times that she felt threatened by their presence and their questions, and told them to leave. But they, in their arrogance, ignored her and continued to act like Nazi thugs. Such is the state of the law in our country these days!
The good news is, that the police were subsequently convicted in court of the serious crime of Tresapass.
The court agreed that the gate to the property was locked with a chain and padlock, and there was plenty of warning that anyone entering the property without an invitation would be trespassing.
By invading someone’s personal property as they did, these two committed a Tort, laying themselves open to prosecution which resulted in a hefty fine.
The court found that “lawful communication was impliedly refused or withdrawn by the locked gate and expressly revoked or precluded by the signs. There being no other authority for their entry, the police officers therefore committed the tort of trespass.”
The tort of trespass is committed whenever there is interference with possession of land, including physical entry onto and remaining on the land, without the licence or consent of the person in possession or without other lawful authority. There have been plenty of precedents set in the past:
- TCN Channel Nine Pty Ltd v Anning (2002) 54 NSWLR 333;  NSWCA 82 at - (Spigelman CJ, Mason P and Grove J agreeing).
- In Coco v The Queen (1994) 179 CLR 427;  HCA 15, Mason CJ, Brennan, Gaudron and McHugh JJ held, at 435-6:
“Every unauthorized entry upon private property is a trespass, the right of a person in possession or entitled to possession of premises to exclude others from those premises being a fundamental common law right [Entick v. Carrington (1765) 2 Wils KB 275 at 291 (95 ER 807 at 817);
- Halliday v. Nevill (1984) 155 CLR 1 at 10 per Brennan J; Plenty v. Dillon (1991) 171 CLR 635 at 639 per Mason CJ, Brennan and Toohey JJ, 647 per Gaudron and McHugh JJ See also…
- Colet v. The Queen (1981) 119 DLR (3d) 521 at 526.]. In accordance with that principle, a police officer who enters or remains on private property without the leave or licence of the person in possession or entitled to possession commits a trespass unless the entry or presence on the premises is authorized or excused by law [Halliday v. Nevill (1984) 155 CLR at 10 per Brennan J;
- Plenty v. Dillon (1991) 171 CLR at 639 per Mason CJ, Brennan and Toohey JJ, 647 per Gaudron and McHugh JJ].” Thus, any person who enters the property of another must justify that entry by showing that he or she either entered with the consent of the occupier or otherwise had lawful authority to enter the premises:
- Plenty v. Dillon (1991) 171 CLR 635 at 647 (Gaudron and McHugh JJ);  HCA 5. Police officers have no special rights to enter land, except in cases provided for by the common law and by statute:
- Kuru v State of New South Wales(2008) 236 CLR 1;  HCA 26 at  (Gleeson CJ, Gummow, Kirby and Hayne JJ). There was no suggestion in the present case that the police officers had any lawful right to enter the property absent the consent or licence of the occupier.
This lates precedent once again cements the principles of trespass in stone and one should be able to rely upon this case law to protect our personal property against unwanted encroachment guaranteeing that:
A mans or woman’s home truly is their castle!
The decision of the court was:
- The plaintiff, that is the property owner, was awarded $18,334.69 for the trespass.
- Both parties were ordered to pay their own costs. This decision was predicated on a technical point of law, but it certainly wasn’t made in fairness to the woman who had her rights trampled on.
Such is the state of the law and the police in this country today. If you are fed up with the way our rights are being trampled on, then it is time for you to stand up and defend them.
Our Commonwealth of Australia Constitution Act 1901 makes it very clear from the first words, “WHEREAS the people…” that We, the People of the Commonwealth, are the supreme authority over the Parliament and the courts.
But we will only start living in a country governed by the law if we all stop bowing down to the tyrants and stand up for our Rights. It’s up to you!
If you need advice on how to get justice after your rights have been trampled on, click here.