Tag Archives: Legal

Government on trial for stealing to meet Kyoto agreement

Peter Spencer’s landmark  case against the Australian government is set to go to trial in the Federal Court on 24 November.

Spencer stands for all the farmers in Australia whose property rights were confiscated on a huge scale in the name of carbon, without compensation in breach of the Australian Constitution.

The Australian government got the carbon credits to comply with the Kyoto protocol by forcibly acquiring farmers’ property rights and banning many normal farming activities. The adverse effect on any given piece of farmland is often hundreds of thousands of dollars. Imagine if they did that to home-owners:  “You can’t use 90% of your home or garden anymore: it’s a criminal offense.”

The total value of all the property rights taken across Australia amounts to billions of dollars. Many farmers’ livelihoods have been ruined. It also represents a large reduction in food production and during a period when the world has experienced food shortages and food riots – human sacrifices to the carbon sky-god.

The Australian Constitution makes it illegal for the Australian government to acquire property rights without paying fair compensation. The Australian government knew  what they were doing was against the Constitution. So they  arranged to pay the States, and the States confiscated the farmers’ property rights instead. (The State constitutions don’t forbid taking property.)

Now the Commonwealth is arguing that what it did was not illegal, because the Commonwealth didn’t take the farmers’ property rights: it paid the State and the State did it.  And the State is arguing it’s not illegal under state law for it to take property rights unjustly.

Spencer is arguing that:

  1. the Commonwealth paid the State to acquire farmer’s property unjustly in breach of the Constitution
  2. the Court should declare the confiscating laws unlawful, and order the government to pay fair compensation for the property rights acquired by the Commonwealth and NSW..

Peter Spencer needs your help

Peter Spencer has carried the strain of fighting the full weight of the Commonwealth and NSW governments in this case since 2007 at enormous personal and financial cost. This includes four Federal Court cases, a High Court appeal dismissing the Commonwealth’s attempts to dismiss the action, being sent to the Federal Court for trial, and four years of the Commonwealth’s attrition by endless delay, obfuscation, and running up costs. Peter has also endured a 52-day hunger strike. He has admirably refused Commonwealth attempts to sideline him into a comfortable silence. He’s standing up for justice for all the ordinary farmers in Australia. Now he faces the trial representing himself, against a squad of specialist government barristers. He would prefer to have professional legal assistance if at all possible.

“If you’re going through hell, keep going.” Spencer needs your help. His case is strong both in law and evidence. He needs now to cover the costs of the witnesses he has called, filing, record keeping, printing and stationary costs and other court-related costs, including accommodating himself in Sydney during the three-week court hearing.

Your support will help do right by law; help name and shame government’s unconstitutional taking of property rights for the unlawful theft it is; and help obtain justice for Australia’s farmers who are too busy producing our food to divert their attention to fighting such a parcel of intractable rogues!

Spencer’s doing plenty: more than his fair share. Please click here to do your bit!