John,
Attached as a word doc and shown below is my press release re me being denied the right to take an oath on the Bible by Magistrate Laurence Lawson at Hornsby Local Court in Sydney on Tues 30th May 2006.
Please pass on to your email list.
Thanks
Mick Gallagher    Mob: 0418 112 675

MEDIA RELEASE           Fri 02 June 2006

From   Mick Gallagher            Mob: 0418 112 675         Fax: (02) 9440 3001
                                      Email: mick4oz@tech2u.com.au

Magistrate Refuses Bible to Witness

A Magistrate at Hornsby Local Court in Sydney has refused a witness the use of the Holy Bible to take an oath during the 4th day of hearing over a $70 parking fine.
Former Hornsby Shire Mayor Mick Gallagher of Mount Colah had pleaded ‘Not Guilty to the intent and spirit of the law’ when Hornsby Shire Council issued a penalty notice to him for parking on his own front verge.
 
The former Mayor had entered the witness box to take an oath but found there was no Bible in the court.
When he asked for a Bible to be produced Magistrate Lawrence Lawson refused.
When Mr Gallagher refused to take the oath without the Bible Magistrate Lawson then threatened Mr Gallagher with contempt of court, citing several penalties, including a jail sentence for up to two years imprisonment.
“I found the action by the Magistrate to be an abuse of power of his office by using bullying tactics against me. Our courts should not be used to discriminate against ones religious choice by denying a proper and lawful oath” said Mr Gallagher who also cited the Australian Constitution.
 
Mr Gallagher who had earlier challenged the jurisdiction of the court, then called for the Magistrate to remove himself from the case and that it be dealt with by the NSW Supreme Court.
Magistrate Lawson then adjourned the hearing and 10 minutes later personally returned with a Holy Bible.
The Magistrate later called for two sheriffs to be physically present in the court.
“That action was an overkill and I believe was done to intimidate me,” said Mr Gallagher who wore to court his 2001 Centenary Medal for Service to the community which had been presented to him by the Federal Attorney General, Philip Ruddock, MP for Berowra.
 
The matter before the court was one of some 22 penalty notices issued to the former Mayor for parking on his front verge.
“There is no footpath or pedestrian traffic only tree roots, and I have parked there for 20 years because it is safer than parking in the narrow street,” said the former mayor.
The penalty notices were initiated in August 2004 during Mr Gallagher’s No GST campaign as an independent Senator for the October 2004 Federal Election.
“I consider this a breach of the Federal Crimes Act 1914 Section 28 for interfering with my right of peaceful political process,” said Mr Gallagher who served 22 years full time in the Australian Defence Force with service in Vietnam, Malaysia and New Guinea.
 
Mr Gallagher had subpoenaed the current Hornsby Mayor Nick Berman and General Manager Robert Ball to testify at the hearing.
“I am disappointed that Hornsby Council has not acted with a duty of care by not addressing traffic problems in this street and has wasted court time and ratepayers’ money on a frivolous and vexatious matter,” said Mr Gallagher.
As all evidence has now been given on the matter, the verdict will be delivered at Hornsby Local Court at 10am on Wed 14 June 2006.
 
END