I
didn’t follow the David Bain case that closely, so I have no opinion on whether
he is guilty, or not, of the murder of his family; nor on whether he should
receive compensation (other than logically, if he has been acquitted, thus
imprisoned falsely, then there should of course be some sort of restitution
made, whether - and here’s the point - the Minister believes he’s guilty or not).
The point of this post is to say that in every tax post I’ve made this month
(and on this blug) I have been demonstrating how, through our taxing
legislation, and in other important areas of law, such as the case of Mark Hotchin’s treatment, (like him or hate him, his life has been frozen for two
years this month without charge, and the clock is still ticking), government
has overthrown the rule of law in New Zealand, meaning we are no longer a free,
Western nation: our politicians and government departments regularly operate above
the rule of law, IRD relies on it as its raison d'etre, in a dreadful
pragmatism that disrespects every soldier who died fighting rampant statism in
WW II and then the Cold War, and in a manner every free man in New Zealand
should be appalled at, and out on the streets marching against. We have been so
badly let down: there is nothing more important, nothing, than a country losing
its way to this extent.
For
the problem is it’s not just the politicians. This is so serious because our
historical protection from the abuse of the power of Parliament, the judiciary,
is as bereft of philosophy as the hive mind in the Fortress of Legislation. As
I say in my by-line above, Antonio Gramsci, founder of the Italian Communist Party,
said the free West wouldn’t be beaten with the gun, but by converting the minds
of the young to the slavery of statism, and if you look at his army in our
teaching stock, he was right. Members of the New Zealand judiciary have come
through a state school system that implicitly, thus comprehensively, preaches
the state in everything and never mentions the proud traditions of
individualism and self-rule the free West was built on, other than to despise
such principles (because in the mind of generation air-head, individualism is
now equated with ‘selfishness’). It is for this reason the vital classical
liberal ethic in the tax jurisdiction that was once the 1935 Westminster Principle
protecting the taxpayer from the abuse of an arbitrary state, has been
completely destroyed in our courts over the last decade, and Mr Dunne has
not only been happy to let that happen, he’s been complicit in it: chances are
if you structured yourself in any way that meant you weren’t paying the maximum
tax to the state, then that will now be considered tax avoidance under an
expanded (to mean whatever the IRD says) Section BG 1 of the Income Tax Act, despite the wording of the taxing
legislation might have made your structuring entirely legitimate, indeed,
to have been considered by the law as made by the politicians of the time – and in
this instance I’m not even, other than indirectly, referring to Penny and
Hooper arrangements. The judiciary believes your wallet and your effort belongs
to Wellingrad, for the great pogram of redistribution, and an IRD with the
powers of God over us, is using retrospective enforcement to chain the
individual to the prison of state in a manner unparalleled in our history. I will
further explicate this in my next tax post, however, I see it again this
morning via the media in Judith Collins treatment of David Bain’s compensation case.
Lindy
Chamberlain’s lawyer, an ex-pat Kiwi, Stuart Tipple, says he’s ‘ashamed’ with
our Minister of Justice’s behaviour over the independent Binnie report on David
Bain. I’ve not read that report, nor do I intend to, but his words below
regarding process and principle don’t surprise me in the least:
Mr Tipple said he had followed the
Bain case closely. He was aghast at Ms Collins' criticism of the independent
report written by retired Canadian judge Ian Binnie, while keeping its contents
confidential.
"I'm really disturbed there's not more legal people in New Zealand that
are standing up and saying this is just not good enough. You're just making our
whole judicial system a laughing stock.
"During that time representing
Lindy Chamberlain, I used to think 'this wouldn't happen if I was in New
Zealand' but ... in the Bain case I think he has been subjected to actually
worse injustices than the Chamberlains."
He claimed that Collins' actions were
"basically painting a picture that she believes he's guilty". "That's how she's viewing
the Binnie report. She's actually not accepting the jury verdict - which is:
You are not guilty David Bain, you are innocent.
"It's so inappropriate for a
Minister of Justice. She should be accepting that the jury's verdict as
binding.
"I just find her conduct on
the whole matter appalling and I'm ashamed. Deeply ashamed."
The
‘legal people’ are not protesting, Mr Tipple, because they’ve not got a classical
liberal clue about their profession anymore. Meaning Judith doesn’t realise
that in a free country if she doesn’t like a judicial decision she can’t just
overrule it like this without due process, and the judiciary having succumbed
to statism see no need for the process of the rule of law anyway, so there is
no longer a check on her power to do whatever she feels ‘to her mind’ is right.
Which it might be, but that is no longer the point. Once the politick and the
judiciary convert to the Theocracy of State as we have done, and the essential
separation of these two powers are sewn together again after all the blood
spilt to keep them apart from the historical fight against monarchy, there can
be no free society, only some shade of state tyranny. But you think Bain
guilty, thus couldn’t care? Well tomorrow it might be you, for unprotected by a
brainwashed judiciary, and uneducated politicians going about the pragmatic
business of extorting the productive to fund a massive state they’ve grown into
the enemy of all of us, with these two groups whom have no historical
understanding of the classical liberal tradition they should be working in
anymore, there was always going to be only the one result: call it what you
will, socialism, collectivism, or, more accurately, statism; regardless, the
individual is turned into the tax and debt slave and plaything of
irresponsible, profligate politicians, repeating the mistakes of
history, having learned nothing from the twentieth century. This is way more
than the laughing stock matter Mr Tipple suggests, and there will be no Western
Spring in my lifetime. In fact from 2014, in New Zealand, it all starts going
beyond desperate.
Update 1:
Here's an interesting piece from Reed, one of the three wise (? :) ) men of Eternal Vigilance: Just what are the flaws in Binnie's report? Is it Fisher's report that is flawed?
"From what I’ve read so far Fisher doesn’t demonstrate any flaws other than his own."
Related
Posts From This Month:
I have wondered who is supposed to enforce a separation of powers - if NZ actually has this principle in our unwritten constitution.
ReplyDeleteI suspect JC's (no, not this JC) interference is something our Governor General should be acting on.
According to wikipedia NZ's Governor General has never exercised any power other than to appoint Prime Ministers.
You've identified the problem with an unwritten constitution Reed, and why we need a written constitution of New Freeland.
DeleteThe trouble is within the classical liberal tradition we would have been fine, but that tradition is precisely what has been destroyed in our social(alist) democracies.