Restoring the Law with peace and honour

Success Story

A record four minute win in court

At Guardians 300 we put our money where our mouth is and like to put our skills and knowledge of law to the test. We believe in only teaching what works and by our own experience prove the strength of what we do.

We hold the record of a 4 minute win at court. One of our trainers and common law advocate/constable successfully defended a member of his community in a magistrate court who was a victim of unlawful arrest.

This stunning victory became a famous case study in winning a case within 4 minutes without even mentioning the charge once. Given in this personal summary after his appearance at the Magistrate Court:

“After spending over 2 hours waiting to be called in what can only be described as a well funded yet poorly managed public sector establishment. Rude and impolite guards muzzled up, down-trodden order followers calling up the case numbers. Our turn came at 2 hour, 38 minutes after the due time. My friend (the defendant) was called up to enter court 8. As the Mackenzie friend I was allowed to enter and accompany him in place of a solicitor. I had been briefed about the case and had discussed our strategy in advance. I told him how to conduct himself and what questions to ask so it was going to be a quick in and out job. We were called to enter the docks adjacent to 3 seated officials, with the lady magistrate at the centre. The case details were read out and my friend was prompted to confirm his name, date of birth and address which he did.

Next the defendant who had applied to reopen and retry the case was asked about the trial and given the chance to speak. He mentioned that he was not given an opportunity to be present at “a trial” and was therefore not aware of one. This was his first “notice” or time to attend an “event” to discuss the case. He made a simple summary of “key facts pertaining to the procedure”. This was a mere matter of proceedings and the crown prosecution had failed to follow “their own” procedures. A failure of procedural law is the most devastating to the ego of a CPS lawyer.

We merely stated in simple terms the “key facts” that the prosecution had provided no information pertinent to the charge and offered no opportunity to attend a hearing. The magistrate then asked my friend if he had any information on this – which he provided (emails and logs of phone calls to discuss trial date etc). Examining the evidence the magistrate summoned immediately the CPS prosecutor to respond and explain why she had failed to follow due process and provide the defendant the details relevant to the case and why the defendant was not given a chance to attend a hearing. The CPS claimed that they merely had an in-absentia trial without the defendant present since he didn’t provide medical evidence or valid reason for not attending.

The magistrate at this point threw out the case and called for a re-trial and ordered the CPS to start the whole process again and “this time” send the defendant all the relevant information pertaining to the case. The prosecutor at this point was utterly dismayed and stated clearly – “given the nature of the case and the offence it would not be in the prosecution’s interest to pursue this case and therefore would like to withdraw ….”. The magistrate then stated clearly for the record that the “prosecution has withdrawn. The case is now dismissed. The court shall instruct officials and note on the system.” The court clerk kindly unlocked and opened the dock and let us out. The magistrate informed us that it will be noted and bailiffs will be notified immediately that the matter is resolved and gave my friend a number to call to confirm after 24 hours. It is worth mentioning that the charge itself was not even mentioned once.

Reflection: key points to note in this case – When you are in their system – do not hesitate to play their game and use their rules against them.

In a matter of procedural law – they need to follow their procedures, we just point out their error – failing to follow procedures (in this case failing to notify the defendant of trial date, failing to send case details).

Do not speak much – listen more and only say what you need to get the point across.

Win the judge over with simple basic statement of facts, win the case with truth.

Only respond with affirmative questions – am I not right in assuming ….

When you’re defendant you have nothing to prove – they who allege must prove. Let the prosecution prove their claim. We just make rebuttal of the point they raise.

Let them speak, they who say more are bound to make mistakes – in this case the prosecution was lying and perjuring themselves by saying they sent all relevant information and the dates which they didn’t.

When your enemy feels safest and strong in their system they’re bound to undermine and underestimate a man without a lawyer. The defeat and humiliation that follows is epic. The prosecutors jaw dropped as the magistrate threw out her case!

Moral of the story – a peace constable who knows his stuff will easily defeat the shiny suited lawyer of the beast system. That’s now 3-0 to us. We are coming for you. We are taking back our courts and rights. Prepare to be beaten at every opportunity. We stand in peace and honour and are here to help the people whenever we can.

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