Absolute Privilege to Deprive: "Discovery of White Privilege"

By Kuldip S. Randhawa B.Sc M.Sc.

The author, as a self-representing litigant, a professional engineer suspended through bad faith discipline proceedings, and then subjected to victimization, tortuous interference, collateral attacks, abuse of process causing considerable loss. If you are a self-representing litigant, this book is absolutely necessary.

The activities in Court, in the author being grid-locked into legal proceedings, in oppressive litigation commenced against him, he has exposed various frauds, so this book is an eye-opener.

I have to admit that I am not a writer of legal books, or religious books, nor do I consider myself as a good writer, but one that is forced to write out of necessity for the greater good. This book is written with conviction and from the heart. The reason for this is that despite my considerable talents, abilities, education, at present I can truly relate to the suffering of others that are less fortunate.

This book is the first book, and is written to get the message out. It is written on the basis that it is the first book of many, or perhaps the only book that I may be in a position to write. The interference of those that would want to bury me, and perhaps, even this book under ten feet of mud is clearly beyond my control.

This book is highly controversial and includes a criminal complaint for the law enforcing authorities to investigate.

The doctrine of absolute privilege when applied outside of the law, is a powerful racial or exploitation tool to be applied by lawyers in having their way by any means possible to carry out legalized scams.

• Language: English
• Publisher: AuthorHouse
• Release date: Sep 15, 2015
• ISBN: 9781504928366

Kuldip S. Randhawa B.Sc M.Sc.

Mr. Kuldip S. Randhawa, is a British Citizen, who is resident in Surrey, British Columbia. He emigrated from England to Canada, in February 1994 and the move was prosperous until the discipline hearing of the engineering association in British Columbia relating to a water tank that never was. What started out to be a straight forward hearing that should have been dismissed outright, it ended up being one of the major scandals in Canadian history. The reason for this is that the author as a member of the "ethnic Sikh community" was targeted. by British Columbia organizations. The BC Government is focused on protecting its organizations that are involved in collusion, allowing fraud by the engineering association "in finding escape goats within the ethnic community". The corruption is so extensive, that a number of individuals within the ethnic community have been "openly targeted", with cultural exploitation assisted by others within the ethnic community entrapped or encouraged into tortuous litigation. The Minister of Justice despite being notified, has done absolutely nothing! With an engineering career that commenced from the United Kingdom, with a degree in Civil Engineering (Queen Mary College), and a Master's Degree in Structural Engineering (Surrey University, Guildford, U.K.) and in excess of twenty years of engineering experience, the author is now forced to deal with the corruption of British Columbia organizations and its Minister's. The Author has filed a British Columbia Criminal Complaint, has written to the Queen, the Prime Minister Dave Cameron, the Prime Minister Stephen Harper; requiring an intervention into British Columbia criminal activity. The author is in the process of commencing a non-profit Organization. The website is: www.sikhjustice.ca

Book preview

© 2015 Kuldip S. Randhawa, B.Sc, M.Sc. All rights reserved.

Photographs courtesy of Mr. Kuldip Randhawa and a special thank you to Mr. Tim Wise and other scholars that have disclosed the concepts of white privilege.

No part of this book may be reproduced, stored in a retrieval system, or transmitted by any means without the written permission of the author.

This publication is designed and intended to provide reliable information in relation to the subject matter covered. It is written with reasonable clarity and competence, but is written under dire circumstances. However, it is sold with the understanding that the author, its affiliates or investors, and publisher are not engaged in rendering legal, financial or other professional advice. Laws and practices often vary from state to state, and you as the reader are directed to seek professional services of competent lawyers, competent accountants, or other competent professionals where deemed necessary. The author, its affiliates, or investors, and publisher disclaim any liability that is incurred from the use or application of the contents of this book.

Published by AuthorHouse 09/11/2015

ISBN: 978-1-5049-2837-3 (sc)

ISBN: 978-1-5049-2836-6 (e)

Any people depicted in stock imagery provided by Thinkstock are models,

and such images are being used for illustrative purposes only.

Certain stock imagery © Thinkstock.

Because of the dynamic nature of the Internet, any web addresses or links contained in this book may have changed since publication and may no longer be valid. The views expressed in this work are solely those of the author and do not necessarily reflect the views of the publisher, and the publisher hereby disclaims any responsibility for them.

CONTENTS

Dedication

Some Quotes

Author’s Note

Introduction

Part 1 Development of Absolute Privilege

Chapter 1 Absolute

Chapter 2 Privilege

Part 2 Absolute Privilege to Deceive & Operation

Chapter 3 Purpose of Absolute Privilege

Chapter 4 History of Absolute Privilege

Chapter 5 Absolute Privilege & Intentional Deception

Chapter 6 Absolute Privilege Defenses

Chapter 7 System of Privilege

Chapter 8 Abuse of Absolute Privilege

Chapter 9 Rank of Entitlement for Absolute Privilege

Chapter 10 Types of Privileged Communications

Chapter 11 Absolute Privilege can be Extinguished

Chapter 12 Absolute Privilege in Parliament

Chapter 13 Source of Absolute Privilege Abuse

Part 3 White Privilege Studies and Social Issues

Chapter 14 William Edward Burghardt Du Bois & Efforts in dealing with Absolute Privilege Abuse

Chapter 15 Assassination of Culture

Chapter 16 Absolute Privilege Merged with White Privilege

Chapter 17 Minority & Socioeconomic Status

Chapter 18 White Privilege Fears

Part 4 Solution and White Privilege Challenge

Chapter 19 Legal-aristocracy

Chapter 20 Legal Challenge to Solving White Privilege

Epilogue

Cynical but true Acknowledgments

Acknowledgments without Cynicism

About the Author

Quotes by the Author

Two Quotes Taken by the Author from another Book by the same Author.

Dedication

I dedicate this book to my family for making me realize the vulnerability of a Sikh family living in Canada that has been subjected to cultural exploitation for enduring my struggles and creating challenges that were unrealized before.

This book is dedicated to my late father, Sardar Karnail Singh Randhawa, my late mother Sardarni Parkash Kaur Randhawa, my wife Mrs. Harinderpal, my son Gurvir and my daughters, Simvir and Gunitvir.

I thank all those, both close and distant relatives, for their support in whatever fashion it may have come, and for the challenges created above that which presently exist under cultural exploitation and discrimination, that in this case is known to, and in part supported by the Government of a certain Jurisdiction. When any Government allows a crime to continue, it is actually supporting that crime unlawfully.

This book is written by a self-representing litigant through bitter experiences in a certain Jurisdiction involved in illegal practices, where corrupt organizations thrive, in respect for the suffering victims of fraud that are further victimized in an illegal system of justice that has failed, that I now believe, is not restricted to the certain Jurisdiction.

This book is also dedicated to my friend, Mr. Ivanco Keremelevski and many other friends that wish to remain anonymous. I am certain that self-representing litigants, need assistance, require guidance and direction, particularly those that have been unlawfully represented by their own lawyers. Some of these individuals, self-representing litigants despite egregious circumstances have been an inspiration to me. Some I have not mentioned out of respect and privacy.

And of course, it is written and dedicated to some lawyers that have probably tried to make positive changes but have failed to do so, and to all those lawyers that are still trying to find the strength to come forward. The designation PEng is the professional designation that I have been advised cannot in effectively being deprived of my professional status to practice engineering; in being regulated by unethical and unprofessional peers and lawyers acting in bad faith.

Kuldip Randhawa, B.Sc, M.Sc. P.Eng

Surrey, British Columbia

Author.

Some Quotes

Absolute Privilege is not a Special Privilege that creates a favorable position for lawyers. The matters have to be decided according to merits, and equitably.

No privileges exist for Justices to ignore rational arguments over irrational arguments, to ignore truth over false statements.

Absolute Privilege creates an unfair and inequitable system of Justice and is the primary cause of creating injustices.

Absolute Privilege does not allow one witness to speak what the expert knows to be untrue or in speaking to the evidence that does not exist, in doing so will cause damage to others.

Absolute Privilege is never intended to deprive.

Kuldip Randhawa

Author’s Note

I would like to make 5 points in Note form about writing this book. These points are summarized below and then briefly discussed:

1. Absolutely Necessary

2. Written with Conviction

3. Controversial

4. Proceed with Caution

5. Corrective Measures

Point 1: Absolutely Necessary

As a self-representing litigant, a professional engineer suspended through bad faith discipline proceedings, and then subjected to considerable loss, victimization, tortuous interference, collateral attacks, abuse of legal process and abusive procedures by the administration of justice, this book is absolutely necessary.

My experiences in Court have resulted in an in-depth understanding of the processes and abuses that may be discussed, talked about, but not adequately covered in legal textbooks. Lawyers will unlikely discuss these abuses.

The legal profession is in control of the legal justice system processes established by administration, and the perception of the legal profession in the eyes of the public, is severely tainted and misrepresented.

Such a book will not be written by a lawyer, I am certain of that for it will expose the realities and the unjust protocols in place by those in control, lawyers and administrators of Justice that are working through collusion and criminal activities that are passed off as being legal.

The activities in Court, in some cases is to effectively grid-lock a person into legal proceedings, in bogus and oppressive litigation commenced, as is the case for the author. With the various frauds exposed, the legal profession can no longer be seen the same way. In fact, it is the honest and those that have the most faith in democracy that are targeted as these individuals are made of moral fibre have the ability to expose the frauds and are in a position to make positive changes, to correct and interfere with those that are corrupt.

Point 2: Written with Conviction

I had an interest of being a writer in retirement. At least, the plan was to write, when I had a healthy portfolio of properties with sustainable income. Even though my goals planned many decades ago are still possible, it is true that such goals will be achieved in working three times harder than others that are privileged, with no real problems of dealing with corruption. I have to admit that I am not really a writer of legal books, or religious books, nor do I consider myself as a good writer, but I am writer now, one that is forced to write for the greater good.

Partly the reason for this is that despite my considerable talents, abilities, education, at present I can truly relate to the suffering of others, in having been subjected to this white privilege oppression that comes in the form of sophisticated collateral attacks.

The collateral attacks are not expected but are often inflicted by those that are close, can be a partner, and often individuals that were highly trusted. But such attacks have occurred. I have been ignored by those that are required to have a duty of care, but are corrupted. The insults come in ridicule, distasteful jokes to mock, and from those that are considered honorable. A duty of care for a lawyer always exists to the client, and to the public, and any lawyer that advises otherwise is not acting as a lawyer.

If my experiences were not so extensive, my resources not limited, my time amply available, I would have written a work of art, written with pleasure and enjoyment. Instead, this book that is the first of many is written to get the message out. It is written on the basis that it is the first book of many, or considering the uncertain forthcoming events, collateral attacks, it is perhaps the only book that I may be in a position to write.

I have written with conviction, and have plans, and sincerely want to, write many books.

Point 3: Controversial

The doctrine of absolute privilege when applied outside of the law, it is a powerful tool to be applied by lawyers acting for numerous individuals, in having their way through criminal activity to carry out legalized scams. Under these circumstances, the guilty will walk, and the innocent would be imprisoned. A decision declared under the doctrines of protectionism permits the freedom to commit crimes by those responsible for administering Justice or enforcing the law.

Absolute Privilege at present may be applied justly or unjustly, but often is never harmful. However, Absolute Privilege in cases that are controversial where the legal system is operated illegally, with individuals in a position of privilege, it is more than likely to be unjust. These types of legal matters are never, decided based on merits, when Absolute Privilege is abused. When the abuse occurs it is a privilege to deceive, not to promote freedom of speech, and certainly not to promote freedom of expression. When the Rules of Court, or legal processes are abused, the litigation and the process of law is manipulated, it is often done under the doctrine of Absolute Privilege, that is in the author’s learned opinion, the exercising of white privilege in Court.

Point 4: Proceed with Caution

This point, is really good advice that will likely be ignored. Many self-representing litigants ignore valuable advice, and I say this in having made this mistake also. The problem does not lie in the fact that the advice offered by many, often friendly advice but sometimes in a form of a threat, is intentionally ignored. It is the considerable faith that one is required to place, and has to place, in a legal system established in a democracy. My mistake is that I have placed my trust in others that are considered to belong to an honorable profession, or parties often referred to as being honorable.

One does not walk into a court room, believing that the Justice, Judge or Magistrate of that Court is corrupt, stupid, biased, incompetent, or simply just having a bad day and not fit to sit as a justice on that day. One always has respect for the Justice, after all that Justice is required to know the law, be fair, and is in a position to provide Justice to individuals that want their day in Court.

That Justice if a male is referred to as Lord’, or if a female as Madame Justice. God is often is referred to as The Lord, so a Justice is required to do godly acts" without being declared as gods. Submissions by lawyers, or evidence is given under oath or affirmed in being constantly reminded, with a Bible kept in the Courtroom drawer.

When the Courts are corrupt, or a Justice is biased, that person does not do godly acts, and one does not have his day in Court.

When one says Court, it would be the Court of Law. When a person seeking justice walks into a Court where the victim seeking Justice, is further victimized, then it is not a Court of Law. One may as well be walking into a crime scene, or a place where a crime is taking place, so for this reason; my advice is Proceed with Caution, and please do not ignore this.

Under the above circumstances, to put it bluntly, it is like walking into a Lion’s den, with your hands firmly tied behind your back, and the Lion free to casually walk effortlessly to have his meal.

Point 5: Corrective Measures

This book is written to provide Corrective Measures to the Justice system that is illegal at present in some parts of the world, and in some jurisdictions. I have been advised that I have to conceal the jurisdiction where the fraud is extensive, as a means to conceal defamation whilst those that are privileged are free to openly defame.

The individuals in positions of privilege, referred to as honourable, have the ability to ignore laws, manipulate, commit crimes, but I have been constantly reminded that in the publication of this book, that I cannot state where the crimes have occurred. Therefore, the terminology in this book often appears as, of a certain jurisdiction to conceal the actual place.

It is a fact that one party under white privilege can openly commit crimes, and the other cannot speak to the truth.

This book is written to assist the self-representing litigants and perhaps some decent and honest lawyers that have tried to change the illegal system of Justice, or a reminder to individuals that lack the moral position for a variety of reasons, but need to be reminded. It is also written for individuals that are in transition to becoming reasonable lawyers perhaps even great lawyers.

Introduction

On one fine day as I believed it was, I stood in front of a Justice in a Court where my application was going to be adjourned and in doing so, she made a statement in response to an argument I had made as part of my submissions for an application. That Statement made by the Justice was imprinted in my mind, It’s all about the money.

I stood there in utter disgust and dismayed.

The following words were also imprinted into my memory, although not spoken:

What about Justice?

The World is not the same anymore, when the concepts that govern a Nation are in transition, outdated, or manipulated, when democracy is simply a word that appears in a statement to deceive the public, and the notion of Justice is in the hands of individuals that are clearly unjust.

If a problem is not fixed, it will remain. If the responsibility of those capable of solving the problem instead nurture the problem, whilst being in control, then the solution to solve a problem must come from others, often at considerable sacrifice.

In preparing for litigation, if you have to defend, I would want you to be at your best, keep focused, and be in a position to go the extra mile, for achieving Justice is a privilege for some not a right.

I use the words Privilege as the words Absolute Privilege in combination, is a fallacy.

I am concerned, not only for myself, but the entire Nations of this world that are considered in the public domain to be a democracy.

The belief and sense of fairness, in simply believing that the people of a democracy have a say, is just, fair, is a fallacy. If I inform someone, that Canada is a democracy, it may provide some assurances to the people, in continuing with the belief that they have a say, are capable of seeking Justice from the Courts, that the system is adequately established to ensure a sense of fairness, at least, after a few years of dealing with the problem.

If instead, I say that Canada is a Passive Dictatorship, then one may have two approaches. The first is to become defensive, the second, one may become alert, and one prepares accordingly and treads very carefully.

It is our belief in a system, belief in a democracy, belief in a Justice, belief in a lawyer, belief in our Politicians that is the problem. We are all conditioned to believe, believe, and believe, that our sense of fairness is exceptional, to a point that such fairness is not available elsewhere.

The World economy is not the same either. From being stable, it is shifting and in transition to becoming unstable, with creation of unjust business practices, procedures that are unlawful, and professional bodies acting in bad faith that are now governing on a mandate that is illegal and in some cases criminal.

It is convenient to cover up a fraud that will implicate many officers, individuals or staff working within the administrative offices, then provide Justice or correct a problem. It is practical to destroy one life, than implicate 20 individuals.

The problem is also the lack of education, and explanation of the law that is simply taken for granted, and the perception of law that is simply uttered by way of a statement simply made by a Justice that is in a position to do so. Such a statement would be something like this; Justice X determined that the mortgage was assigned. This is a statement of law in itself and a conclusion but in isolation from the facts and without merits considered. The notion that a mortgage is declared as being assigned; then declared as being purchased; and then declared as something else, is beyond reason.

The statements made assume that the Justice has determined something, very carefully based on evidence, when in fact, upon a careful overview of the facts; it is a statement of deception where a Justice is acting in a position of privilege.

An Order that is made in a civil matter is not always correct. When an Order is made that is intentionally false and published, it is to actually commit a criminal offense, then it is deemed an instrument of fraud, and the Order becomes evidence in a criminal procedure. An instrument of fraud is any document that permits fraud to be committed, or for the fraud to continue.

This book is partly focused on the doctrine of "Absolute Privilege". It is an important part of the legal process, that is mostly not fully understood by self-representing litigants, but is understood by lawyers, and I say, it is constantly abused by lawyers and Justices in making corrupt law.

Adopting a doctrine to do some good, that is clearly wrongly utilized, abused, from a legal perspective is malum in se (something that is morally and clearly wrong). But when a matter is clearly wrong is intentionally ignored then it is concealment of a real problem.

This is one of the reasons that the legal system fails to deliver just decisions, and at the worst case, is the primary reason that a system of law, or the Nation, becomes corrupt.

The impact of using Absolute Privilege and abusing it is to legalize crimes in the court that is required to be a place where Justice is required by law to be delivered.

Another problem is manipulation of the law, and of the Courts. The law cannot be manipulated, twisted, altered, simply out of convenience, as no one will investigate as the investigators are aware of the problem but do not act according to law.

This is what I have termed as Crimes of Convenience.

The Courts are not a place to manipulate a legal process such that a criminal offense takes place in the Court. This is clearly, not providing Justice.

Individuals seeking Justice come to court to have matters resolved, not to be victimized, harassed, and intimidated further; as the crimes being decided were actually not committed by the litigants, but the lawyers acting for the litigants, and permitted to continue in the Courts, that are Courts of Extortion.

Part 1

Development of Absolute Privilege

Chapter 1

Absolute

They will think what they will of me but I will always declare my mind according to my conscience.

Justice Wright, Trial of the 7 Bishops (1688)

To write a book on a legal doctrine such as Absolute Privilege, or some other form of privilege, in my view the best way is to dissect the words, and go back to basics.

But this book covers other aspects that are not often spoken of.

I believe that this approach taken would be the engineering approach to writing such a book. To appreciate an appropriate engineering design approach to be taken, one must first understand the problem, and secondly, design using an appropriate code of practice. Of course, if the design code does not exist, then the design according to first principles is always available to engineers that form the basis of establishing design standards.

It is necessary to take this approach, as in law, legal authorities are full of examples where such doctrines of Absolute Privilege have been utilized to abuse the law, and have judgments dismissed that otherwise would be allowed; or have false judgments made that is to conceal a crime or protect the culprits responsible for the crimes, often committed in the Court. It is also true, that a lawyer will not write such a book, that actually requires lawyers to be accountable to the law for the mischief.

When lawyers abuse the law, they are not behaving as lawyers. They may act the part of being lawyers, but that would be a deception in itself.

The dictionary definition of the word Absolute is as follows:

Absolute

Adjective

Not qualified or diminished in any way; total. absolute secrecy

synonyms: complete, total, utter, out and out, outright, entire, perfect, pure, decided

viewed or existing independently and not in relation to other things; not relative or comparative. absolute moral standards

Synonyms: universal, fixed, independent, non-relative, non-variable, absolutist.

Noun

PHILOSOPHY

A value or principle that is regarded as universally valid or that may be viewed without relation to other things. Good and evil are presented as absolutes

Simply making use of a word in Court, such as absolute does not make it absolute. In my opinion, the term itself is a fallacy when applied to the Court privileges. This analysis of the word absolute is not related to the use of the word in other contexts.

For example, Absolute defense takes another discussion, whilst having some common grounds for that discussion.

Lawyers are aware that the Law is always changing, as can be recognized from a statement printed below for the purposes of analysis.

Although the law is subject to sudden change in this area, as of 2007, absolute privilege protects persons and organizations from tort claims alleging defamation where the alleged defamatory statements were made by members of legislative assemblies while on the floor, or communications made by a lawyer in the context of judicial proceedings, as part of a trial.

If the law changes, the doctrine of Absolute Privilege may no longer permit protection against tort, as it is recognized that laws do, and can change with time. The knowledge base, political pressure, or simply taking the common sense approach, would bring about that change in achieving justice.

As it stands even without changes made in the law, the Author firmly believes that that even today; or in the past decades, centuries in fact, Absolute Privilege does not provide absolute protection against action in tort for defamation, in a number of instances where attempts to dismiss an action of defamation, certain cases have been dismissed unlawfully.

The intent of the administrators of Justice is that Absolute privilege may imply that the law is complete in that particular area of law, and cannot be further refined or changed. There is no conclusion of law that is final, but one must determine if the matters being decided are moral that the intent of law is not misunderstood. If there is finality, then there is no point having a legal hearing to decide legal matters, or pay the Government fees to decide on matters that have been previously concluded. Then, an Order can be made without a hearing, without fees being paid, and everyone can continue to lie in court, abuse the prior deceits in Court, both by lawyers and self-representing litigants, as Absolute Privilege applies to all that are in Court.

Conversely, if we take the above to be true, what applies to lawyers and Justices, also applies to self-representing litigants. Therefore, Absolute Privilege applies to self-representing litigants and we can all come to court and make false statements, commit perjury, and make ridiculous statements like, "Justice X was in a conflict of interest and stole funds as part of some conspiracy" that is a statement known to be completely false and made against Justice X, but it is made because, at present, it is considered by most, that Absolute Privilege will protect the litigants in court for making any false statement.

The word Absolute, therefore, does not cover every situation, or protect ridiculous statements made, and if so, the entire legal system will be ridiculed to a point that such legal hearings are not worth having, and the Courts may as well be closed.

The word Absolute was introduced to cover protection against undignified claims made by parties to ensure complete protection against frivolous actions, and also that the lawyer would have to advance the arguments in defending their client even if ridiculous statements are made reasonably in the proceedings. These statements are made under a certain set of conditions to bring order in the proceedings. All of this is done in the interest of Justice.

It will be shown and reasonably covered in this book, some of the conditions where Absolute Privilege is required to provide protection against an action of tort.

The definitions that often appear in legal proceedings are as follows:

Absolute privilege is a complete defense to an action for defamation in English law. If the defense of absolute privilege applies it is irrelevant that a defendant has acted with malice, knew information was false or acted solely to damage the reputation of the plaintiff.

If one was to consider this statement, it makes no reasonable sense nor is it reasonable of the person making this statement in Court.

There are three statements that I would like to make in response to the aforementioned statement; that I consider will make the aforementioned statement to be misleading.

The first is that the statement Absolute privilege is a complete defense is utter nonsense as it depends on the conditions and review of the analysis that invoke the defense of Absolute privilege.

The second is the statement made above that "it is irrelevant that a defendant has acted with malice, knew information was false, or acted solely to damage the person’s reputation" is itself irrelevant and improper. This is so, as malice is acts that are unlawful with improper intent are not justified in legal proceedings, and it is part of the doctrines relating to bad faith. The defense of absolute privilege can and often does apply to the submissions and the pronouncement of the statements being made in the court. It does not apply to the implications resulting from those statements being made. In considering an example, let’s suppose that a lawyer makes a statement, Mr. Y stole $1000. That statement can be made in submitting the position to the Court; to state the obvious, that statement made is not evidence that $1000 was actually stolen. Further, also obvious, if the lawyer knew that $1000 was not stolen due to disclosure from his client, then this statement cannot be made in Court. Thus, this statement is clearly not protected under client-privilege, nor protected under Absolute Privilege.

The third is that the purpose of law is to be equitable, and hold those accountable that have committed crimes, not to protect criminals that are likely to advance lies, whilst honest decent individuals that advance the truth are held accountable and punished for speaking the truth, and are therefore, at a clear disadvantage.

When measured against the aforementioned statements made it is becoming clear that the Absolute defense does not apply when a certain psychological status is created through unlawful privilege that will create a sense of superiority, that it would encourage law to be compromised and applied unfairly, and is a form of legalized discrimination.

The deference bestowed by Justices to lawyers, is not based on the ability of lawyers to perverse Justice, but on the requirement under law to present the Truth.

Chapter 2

Privilege

All are lunatics, but he who can analyze his delusion is called a philosopher.

Ambrose Bierce, the Collected Writings of Ambrose Bierce

In law everyone seeking Justice is entitled to a fair hearing, and has the same rights to speak freely their mind, feel the same goodness and enjoy the freedom to speak the truth, but those parties or individuals that have been granted special rights, are privileged to speak lies, commit perjury, act stupid, believe that they cannot be held accountable, are delusional, are actually lunatics. The word that is politically correct would be Qualified Lunatics. That is, qualified and educated individuals that act as lunatics, unlike those that are mentally challenged cannot act and need assistance.

To analyze the privileges bestowed to some, denied to others, one can attempt to philosophize. As a philosopher one makes positive changes in law, such that no one in court will behave as a lunatic.

A lunatic lives in a world of his own creation. In this case, lawyers are of the belief that lies can be told in court in making submissions to a Justice, without consequences of same that they can continue to steal for their clients, and from their clients, rather than defend the position of the client lawfully. The fact that these lies are permitted to continue before Justices, provides a sense of security that is only known to lawyers in which, honest and reasonable individuals, self-representing litigants are in fear.

Lawyers are therefore, in a position of privilege that creates an imbalance in the system of law. It is much like; adopting an analogy that one boxer has his hands tied behind his back, whilst the other is in a position to freely punch.

The Courts are places where lawful submissions are to be advanced, not for acts of lunacy, where lawyer’s improper behavior is allowed to continue and that behavior is similar to lunatics. A lunatic is someone that may believe that he is safe whilst driving at high speeds and are definitely a danger to Society.

Lunatics that will cause harm to others normally belong in a lunatic asylum.

Lawyers that are educated can be referred to as Qualified Lunatics that knowingly commit crimes in a self-created comfort zone in Court, and so, therefore belong in jail.

Such rights, or to be correct, improper acts, to continue and commit criminal offenses as Lunatics are conferred by the Courts, or Justices, that have been educated on similar beliefs coming from the same school of thought, that being in a position of privilege, that such unlawful acts can be committed without consequences of same.

Consider the definition of Privilege:

Privilege:

a special right, advantage, or immunity granted or available only to a particular person or group of people. Education is a right, not a privilege

Synonyms: advantage, benefit.

(In a parliamentary context) it is perceived as the right of parliamentarians to say or write something without the risk of incurring punishment or legal action for defamation.

noun: absolute privilege

Take the words, education is a right, not a privilege that is often accepted by most to be true.

When a person has extra funds, he has access to better education, so has the privilege to better education. When a person is privileged to deny the rights to education of others, then education is not a right, but a privilege to some.

In a courtroom, a lawyer and self-representing litigants are required by law, to have the same rights. If a lawyer has the privilege to lie, then so should the self-representing litigant, even though to lie in court is a criminal offense, but at least then the scales of justice (or injustice) will be balanced.

A lawyer that is known to the Justices due to repeated appearances will likely not be scrutinized due to similar matters pleaded before, and therefore, arguments are routinely accepted. This is someone that is favorable.

The self-representing litigant that is honest and unaware of the legal system and limitations of Absolute Privilege is likely to advance truthful arguments out of fear of being held accountable for speaking otherwise.

Where the litigant who is a lawyer, advances arguments that he knows are false, will fall through the cracks because the Justice is considered an idiot by that lawyer, will not be scrutinized, nor will it be detected by the Justice, nor evaluated by the opposing side due to various circumstances, will have the privilege to advance lies, knowingly and intentionally. These are Special Privileges allowed by the system, where the self-representing litigant is ignored, or taken as a helpless party that no one will listen too.

Absolute Privilege is not a Special Privilege that creates a favorable position for lawyers. Legal matters have to be decided according to merits, and equitably.

The Special privileges that are greater than the privileges bestowed on the opposition by the self-representing litigants, it is unfair, and bias is introduced by the parties that due to the knowledge have a better idea of manipulating the process.

Compare this situation to the abilities of a thief. A thief has knowledge on how to break a lock, should such skills or traits be praised and worthy to permit a thief to commit the crime of theft. The inequity in law created through such privileges, cannot be ignored.

No privileges exist for Justices to ignore rational arguments over irrational arguments, to ignore truth over false statements.

The entire process permits absolute privilege as a protection against prosecution to speak freely in the interest of Justice, not to speak intentional lies under the protection of absolute privilege to commit crimes.

Absolute Privilege creates an unfair and inequitable system of Justice and is the primary cause of creating injustices. People do not go to Court for injustice to be delivered.

Purpose of Privilege

Every person is entitled to exercise certain duties to certain conditions in relation to Privilege. From time to time it is necessary to deviate from the rules, but not in bad faith, and intentional acts of lunacy.

Let’s take an example of driving a truck on a highway. The Law exists to protect the rights of everyone, and allows certain privileges to do certain acts. Driving a truck is not a privilege if everyone had a truck, except not everyone does have a truck. The owner of the truck does have a privilege simply because the driver owns a truck. The Road is a right of way that is accessible to the truck driver. However, other vehicles such as a car, exists that can also access the same road with a car having the same right of way as a truck. The truck driver and the car cannot harass or interfere with others passers, as each party can use the road, so the use of the right of way is subjected to some restrictions.

The privilege to use the Road is not denied, but now becomes restricted, as others are also using the Road.

If the truck driver is arrested for a crime, placed into prison, then the privilege to use the Road is taken away, as the Truck driver whilst in prison cannot use the Road.

The privilege to drive a truck also exists as one requires a license to drive the vehicle. You have to drive with the other conditions in mind, follow the rules and regulations, and consider the driving rights of others.

However, at times, the rules have to be broken as someone’s life depends on it. If the vehicle is an ambulance, the speed can be broken, to ensure that the patient gets to hospital on time, then the laws set for speeding can be ignored, but driving with considerable care to other users.

At