Kelly v FIANDER [2023] WASC 187

Kelly v FIANDER [2023] WASC 187 is a significant case law precedent. It is a jurisprudence case that has changed the way Magistrates and Justices interpret cases in Australia regarding the appearance in court as the living man or woman.

This is important for everyone that has ever been denied acknowledgement of an appearance, a plea and a trial in court because they presented/appeared as a living man or woman. Prior to Kelly v FIANDER [2023] WASC judgement this denial of appearance, a miscarriage of justice and an abuse of process consequently led to a summary judgement in the absence of the ‘person’.

What Kelly v FIANDER means is that you can appeal any decision made by a Magistrate or the Judge that proceeded from s.55 No appearance by accused and no plea of guilty to s.55 of the Criminal Procedure Act 2005 resulting in summary judgement.

Kelly v FIANDER is a win for everyone because it plugs the corporate coffers revenue stream, they have to follow due process.

Thou shalt not not appear as a living man or woman in court.

What the WESTERN AUSTRALIA POLICE [ABN 91 724 684 688] are currently doing in relation to any appeal against a Magistrates decision involving the WESTERN AUSTRALIA POLICE prosecution in the Supreme Court is they are removing the WESTERN AUSTRALIA POLICE from the court case and inserting the name of the Police Officer/Employee in an attempt to hide the fact that the WESTERN AUSTRALIA POLICE are a party to the case.

The intention of the stickers are to warn all police that their names could be on a bumper sticker if they proceed with any prosecution. Essentially this is a name and shame campaign to hold all police officers publicly accountable.