Accused drink driver gets lesson in Magistrate’s authority

Accused drink driver gets lesson in Magistrate’s authority

The Mount Gambier Magistrates Court was disrupted last week when a defendant demanded to know Magistrate Koula Kossiavelos’ authority.

Adrian McNamara appeared in the court for a hearing relating to several charges including serious drink driving.

Mr McNamara loudly explained three times that he was the beneficiary of the estate of Adrian McNamara and as such does not give surety for the matters.

Mr McNamara also refused several directions from the sheriff to stand at the dock.

Magistrate Koula Kossiavelos’ stated that she had been in court for nearly 15-20 minutes and no one had raised their voice at her in the same manner during that time.

“It is unfortunate, I am not happy that you are being charged with these offences,” she said.

“It is you, you lying bloody magistrate that does it your honour, can you please tell me where your authority comes from in these matters,” Mr McNamara responded.

“If you do not have authority in these matters, then I am free to leave.”

Magistrate Kossiavelos’ said she had confirmation from the then Governor who proclaimed in 2007 on March 29 in the Government Gazette that she is a Magistrate in the courts of South Australia.

Mr McNamara asked Magistrate Kossiavelos if she had taken an oath under the queen to which she responded the affirmative.

“Are you aware the queen is under God and that we need a god representing in this government?” the defendant said.

“I do not give rights over to the Australian Act of 1986 your honour so can you please provide proof that you are under the queen and under the constitution before these matters can continue.

“The Australian Act, the proclamation is there 1986 there is no god in this court.”

Mr McNamara then asked the magistrate to prove there is a god in the court before asking if she was the god.

“I am not standing in a court that is not legal ,” he said.

“This is fraudulent from my perspective.

“Under the constitution you are illegal as far as I can tell.

“The truth is this is fraudulent and you are a fraud.”

The defendant maintained his innocence.

“You are a corporation trying to damage a living man who never did anything wrong to begin with, you’re aware of that. I was in a car accident and got hit, not my fault,” Mr McNamara said.

“You do not legally have the right to ask for a breathalyser when there has been no crime committed.”

Magistrate Kossiavelos’ sentenced Mr McNamara to a pre-trial conference on May 15 at 2.15pm and instructed him to contact the prosecution should he seek further disclosure.

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