SUPREME COURT OF QUEENSLAND

REGISTRY: BRISBANE

NUMBER:0000/11

ApplicantJOHN HENRY DOE for and on behalf (VICTIM)

AND

RespondentCLIFF EVENS, DIRECTOR OF NURSING, MOUNT COOLUM AGED CARE, QUEENSLAND 4573

AFFIDAVIT OF JOHN DOE IN SUPPORT OF WRIT OF HABEAS CORPUS

Maxims:

All men and women know that the foundation of law and commerce exists in the telling of the truth, the whole truth, and nothing but the truth.

Truth as a valid statement of reality is sovereign in commerce.

Guaranteed—All men and women shall have a remedy by the due course of law. If a remedy does not exist, or if the existing remedy has been subverted, then one may create a remedy for themselves and endow it with credibility by expressing it in their affidavit. (Ignorance of the law might be an excuse, but it is not a valid reason for the commission of a crime when the law is easily and readily available to anyone making a reasonable effort to study the law.)

All corporate government is based upon Commercial Affidavits, Commercial Contracts, and Commercial Distresses, hence, governments cannot exercise the power to expunge commercial processes.

The Legitimate Political Power of a corporate entity is absolutely dependent upon its possession of

Commercial Bonds against Public Hazard, because no Bond means no responsibility, means no power of Official signature, means no real corporate political power, means no privilege to operate statutes as the corporate vehicle.

The Corporate Legal Power is secondary to Commercial Guarantors. Case law is not a responsible substitute for a Bond.

It is tax fraud to use Courts to settle a dispute/controversy, which could be settled peacefully outside of or without the Court.

Notice to agent is notice to principal; notice to principal is notice to agent.

PUBLIC HAZARD BONDING OF CORPORATE AGENTS: All officials are required by federal, state, and municipal law to provide the name, address and telephone number of their public hazard and malpractice bonding company and the policy number of the bond and, if required, a copy of the policy describing the bonding coverage of their specific job performance. Failure to provide this information constitutes corporate and limited liability insurance fraud and is prim-a-facie evidence and grounds to impose upon the official personally to secure their public oath and service of office.

AFFIDAVIT

I, John Doe, over the age of twenty-one years, competent to witness, do affirm and say that:

  1. I was born on (Date), son of Donald Doe and Daffy Doe
  2. I have first hand knowledge of the facts stated herein
  3. I have read the affidavit of Peter Doe and believe it to be true
  4. I am aware (Victim) has a disability that is still to be properly diagnosed and qualified
  5. Dr Rachell Kingsbury arranged a two week respite for Peter Doe on 3rd March 2011.
  6. (Victim) was admitted to Gympie Nursing Center on 4th March 2011
  7. Peter Doe signed an agreement with Gympie Nursing Center to admit (Victim) on the 4th March 2011 for two weeks until 18th March 2011 upon which (Victim) would be released to go home
  8. Dr Rachell Kingsbury organized a medical assessment for (Victim) during (Victim)’ two week admission at Gympie Nursing Center
  9. This assessment was done without consent or agreement of (Victim) and Peter Doe
  10. (Victim)’ native language is Filipino
  11. (Victim) speaks English only intermittently at this time
  12. (Victim) spoke Filipino at this time
  13. An interpreter was NOT present during the medical assessment performed on (Victim)
  14. The assessment found (Victim) incompetent. She had been at the time heavily under medication (anti-depression).
  15. Various acts were breached by members of QCAT pursuant to the QCAT Act 2009
  16. Various International, Commonwealth and State laws have been breached by Dr. Rachell Kingbury, Mrs. Orania Griymans, Dr Christine Fencett and some employees of Gympie Nursing Center, QCAT and the Office of the Adult Guardian
  17. These breaches of the laws and policies and procedures are documented and will be submitted to court
  18. A Queensland Civil Authority Tribunal (QCAT) hearing was convened on May 31 to hear the matter of (Victim)’ case
  19. An Adult Guardian was appointed by the Guardianship and Administration Tribunal on 17 Marchto administer the affairs of (Victim)
  20. Neither Peter Doe or (Victim) were asked whether they wished to participate in a tribunal hearing or have an Adult Guardian appointed nor did either ever consent to such a program
  21. The process that resulted in the appointment of an Adult Guardian for (Victim) and her continued internment was manipulated by certain parties WITHOUT the consent of both Peter Doe or (Victim)
  22. In stark contrast, Peter Doe has made vigorous efforts to legally secure the release of and free his wife, (Victim), from imprisonment when he learned that it was the intent of Dr Rachell Kingsburyto institutionalize (Victim) without either (Victim)’ or his consent
  23. The medical assessment made in relation to (Victim) was defective because there was no Philippine interpreter present to interpret (Victim)’ reply to the questions asked of her
  24. Had a Philippine interpreter been present, the assessment outcome is likely to have been different and (Victim) released from Gympie Nursing Center
  25. The QCAT order was based on a defective medical assessment
  26. Despite Peter Doe’ and my written communications and phone calls to various members of the Adult Guardian, QCAT and the Queensland Health Department, noticing them of the defective medical assessment made of (Victim) as well as the absence of any contract between the parties concerned, namely (Victim), Peter Doe and the various medical officers, employees of the Adult Guardian, QCAT and various respite institutions, (Victim) remains imprisoned against her will and without her consent
  27. The parties obstructing (Victim)’ release have been noticed in writing regarding the accruing damages caused by their negligence in detaining (Victim), to both (Victim) and Peter Doe
  28. The damages claim against the parties concerned who have damaged and continue to damage (Victim) and Peter Doe is accruing daily
  29. I have knowledge from Peter Doe whereby several staff members of Gympie Nursing Center disclosed to Peter Doe that it was their belief that (Victim) has Post Traumatic Stress Syndrome
  30. I believe (Victim) attained superior care for her condition at her home in the care of her loving husband and family
  31. The following facts was told me directly by Peter Doe
  32. Peter Doe was coerced Dr. Rachell Kingbury and Mrs. Orania Griymans on 16th Marchinto an agreement with Gympie Nursing Center and misled into believing (Victim) would be admitted for ONLY two weeks
  33. This period commenced on 4th March 2011
  34. The agreement expired on 18th March 2011
  35. Peter Doe had asked ONLY for (Victim) to be accommodated for a fortnight at a respite facility
  36. I have not seen or been presented with any material facts or evidence that shows that haven taken (Victim) away from her home environment and care of her husband and detaining her within state nursing institutions, has NOT detrimentally effected her
  37. On 17th March Peter Doe was called to Nambour Hospital and met with Dr Christine Fencett, Dr. Rachell Kingsbury and Mr Orania Grijmans whereby he was threatened by Dr. Fencett with an offer of two options in relation to the extension of the residential agreement concerning (Victim)’ detainment at Gympie Nursing Center
  38. The first option was, if Peter Doe voluntarily agreed to sign a Residency Agreement that (Victim) could be transferred to a local security institution and remain there for the rest of her natural life
  39. The second option was if Peter Doe refused to sign a Residency Agreement and ‘co-operate’, that (Victim) would be institutionalized in a high security center with limited visiting rights and placed in an institution anywhere within Australia for the rest of her life
  40. Peter Doe initially refused both offers from Dr. Fencett and immediately after the offer from Dr Fencett, he left Nambour Hospital, went immediately to Gympie to rescue his wife.
  41. Unfortunately, the manager had been informed not to release (Victim).
  42. After further coercion by the office clerk,Peter Doe succumbed to her pressure and agreed to sign another agreement to retain (Victim) until further assessments were made of her condition
  43. Peter Doe informed me on 15th April that he learned already on 17th March 2011 of plans to detain (Victim) at Gympie Nursing Center, without his or her consent and without even asking them,
  44. Peter Doe immediately attended Gympie Nursing Center on 17th March 2011 to rescue his wife
  45. On entering the building of Gympie Nursing Center, Peter Doe was approached by David O’Neill, Director of Nursing for the Center and threatened that if Peter Doe did not leave the building he would be evicted by police officers and charged with trespass
  46. Peter Doe was so shaken by these threats that he did leave the building
  47. Various other threats have since occurred
  48. The Magna Carter evidences that no man or woman can be dispossessed of their property or imprisoned ((Victim) is imprisoned by virtue she is detained against her will and without her consent) without a properly convened court constituting a 12 member jury made up of the charged party’s peers
  49. (Victim) has been denied her due process of the law
  50. It was discovered by Peter Doe on 22nd March that (Victim) was being drugged by the administration of the drug Risperdal
  51. (Victim) was drugged from the beginning of her internment with the drug Risperdal
  52. Peter Doe, after extreme effort and persistence in communications with Gympie Nursing Center staff and Doctor Pienaar of Gympie Health Center, caused the cessation of administration to (Victim) of the drug Risperdal
  53. While at Gympie Nursing Center visiting (Victim) on 18th April 2011, (Victim) immediately recognized me and came forward to embrace me
  54. (Victim)’s immediate recognition of me is in conflict with the official medical diagnosis that (Victim) suffers dementia
  55. I observed during two visits to Gympie Nursing Center that (Victim)’ usually rapid reflexes and happy disposition had been replaced by slow reflexes and slow responses to questions
  56. I became aware of Peter and (Victim)’s plight when Peter Doe informed me on about 15th April 2011 by phone of his frustration with what he described as the kidnap of his wife
  57. On 18th April 2011, Peter Doe, Jane Doe and I, in my capacity as Commonwealth Public Official visited Gympie Nursing Center in an attempt to secure the release of (Victim) and proceeded to identify who had authority to immediately release her
  58. The nurse in charge informed Jane Doe and I that the office of Adult Guardian was the authority that could initiate the release of (Victim) and that without that authority’s consent, this nurse could not permit the release of (Victim)
  59. Thereafter I contacted by phone and email, several parties at the Office of the Adult Guardian to determine who had ultimate authority with the power to release (Victim)
  60. I noticed several parties of the Office Adult Guardian and Queensland Civil and Administrative Tribunal (QCAT) in writing of the various breaches of Commonwealth and State laws as well as various Policies and Procedural breaches committed by these offices in committing and then detaining (Victim) in an institution without securing her consent
  61. As a result of the various written communications from me to employees of the Office of Adult Guardian and QCAT, NOTICING THEM of their liability for deprivation of (Victim)’ liberty, a meeting between Tara Kent, Regional Manager for the Office of Adult Guardian and Peter Doe was hastily organized by the Office of the Adult Guardian for 6th May 2011 at Gympie Nursing Center
  62. On 6th May 2011 at Gympie Nursing Center Tara Kent, Regional Manager for the Office of Adult Guardian and eight members of Peter Doe’ family, including Peter and (Victim) themselves, met to discuss the immediate release of (Victim)
  63. This meeting was audio recorded by Peter Doe
  64. Tara Kent, Regional Manager of the Office of Adult Guardian on two occasions admitted verbally and testified that she nor the Office of the Adult Guardian had the authority or power to prevent (Victim)’ release from any institution
  65. This recording will be used in evidence
  66. Tara Kent, Regional Manager of the Office of Adult Guardian testified that David O’Neill, Director of Nursing at Gympie Nursing Center was the single authority that obstructed (Victim)’ release and he had the authority – power to enable her release
  67. Tara Kent and I, on my direction, left the meeting to make a phone call to David O’Neill and secure (Victim)’ immediate release
  68. On my return to the meeting room, I stated to everyone that David O’Neill had refused to permit (Victim) to be released
  69. David O’Neill stated to me he accepted liability personally for the damages (Victim) had already sustained while imprisoned at Gympie Nursing Center
  70. I stated to all attending the meeting that I had noticed David O’Neill that further action would be taken in this matter
  71. I then asked for and received a copy of the Residency Agreement that Peter Doe had signed from Anne, Charge Nurse on duty at Gympie Nursing Center
  72. On page 21 of the Residency Agreement, I discovered at clause 11.1 the conditions of termination of the agreement
  73. Seven days termination notice was required
  74. A hand written signed notice of termination was presented to Anne, Charge Nurse on duty at Gympie Nursing Center on 6th May 2011
  75. The Residency Agreement expired at 2.50pm Friday 13th May 2011
  76. On 20th April, Peter Doe was on no uncertain terms instructed by Lisa Kwiatkowski

of the Office of the Adult Guardian NOT to take (Victim) to their home after the expiry date

of the Residency Agreement

  1. Peter Doe felt intimidated and threatened by Lisa Kwiatkowski’s order
  2. (Victim) remains a prisoner of Mount Coolum Aged Care, there against her will, without Peter and (Victim)’ consent and in contravention of the United Nations International Covenant on Civil and Political Rights. The penalty against the offender for the offence of Deprivation of Liberty if convicted, is a term of imprisonment of 25 years pursuant to the Commonwealth Criminal Code Act 1995 Division 270 ‘exercising ownership, direction and control over another’
  3. The penalty against the offender for the offence of Debt Bondage by forcing Peter Doe to pay for keeping (Victim) in an institution against his and her will and without their consent, if convicted, is a term of imprisonment of 12 years pursuant to the Commonwealth Criminal Code Act 1995 Division 271
  4. On Wednesday 11th May 2011 I contacted the Office of the Minister for Health and Ageing and the Minister for Mental Health and Ageing and spoke with Brenton
  5. I noticed Brenton of the urgency of the matter and instructed him to inform the Minister for Health and Ageing to intervene and assist with the release of (Victim) immediately and then to inform me of developments
  6. On Thursday morning 12th May 2011 at 3.59am I emailed a list of documents to Brenton for the attention of the Federal Minister for Health and Ageing
  7. On Monday 16th May 2011 I contacted Brenton at the Office of the Health and Ageing Minister to investigate why (Victim) was not already released and why I had not been informed of progress
  8. The Minister for Health and Ageing and the Minister for Mental Health and Ageing are both implicated in this matter
  9. I noticed both the above Ministers by way of their office and in writing, the various Commonwealth and State Laws that have been breached in this matter as well as various QCAT policies, practices and procedures that had been breached
  10. On Wednesday 18th May 2011 I received an email from Peter Doe where he stated that Amanda Weeks, Maroochydore respite coordinator, called him same day and made an offer to him to shift (Victim) to a respite center, ‘Mount Coolum Age Care’ closer to him if he signed a residency Agreement committing (Victim) to an institution for the rest of her natural life
  11. This offer was finally accepted under duress by Peter Doe
  12. I believe all the above declarations to be true and correct to the best of my knowledge and made under penalty of perjury

“That the Queen in right, holds the throne by the grace of God and her law shall be just the laws of God, dispensed in Mercy and Grace as the true profession of the Gospel and the natural law to remain The Law forever, and anything to the contrary shall be Void”. Coronation Oath. Of 1953

Commercial Affirmation and Verification

I, John Henry Doe, certify on my own commercial liability that I have read the above and I have grounds and do believe that the above acts were committed contrary to law and to the best of my knowledge and recollection it is true, correct, certain and complete, and not misleading, the truth, the whole truth, and nothing but the truth.

By ______

John Doe, Principal Creditor. All Rights Reserved

Care of (Address), [4000]

Sunshine Coast, state of Queensland

Justice of the Peace SealDate:

Page 1 of 5 Pages24th June 2011

AFFIDAVIT IN SUPPORT OF HABEAS CORPUS FOR AND ON BEHALF OF (Victim)