Einfeld is probably guilty as we all are of manifold sins. He has not been an angel and that is for sure. He once stated that if a litigant in the Court asked for a jury it was an insult to the Judge. This is almost a mantra chanted by the Judges of the Federal Court, and instead of saying Om Om Om, they have been saying No No No since the inception of the Court in 1976.

However the old saying that two wrongs do not make a right, is apt in this case. I am not sure where the rot really started. It may have been in the media who are constantly howling for vengeance, and are quite keen to show people expressing satisfaction at the incarceration of other individuals, but it probably really started back in the days of Syd Einfeld, the father of Justice Einfeld, when Labor was defeated and the Liberals repealed the common law.

Labor was defeated because the two Christian factions in the party were at loggerheads. The Roman Catholic faction was dead set against the Anglican faction, and the blood was so bad, that they chose a Greek Orthodox Chappie to be Chairman. The DLP and Australian Labor Party split resulted, and Labor won federally because Gough Whitlam, was able to paper over the religious divide.

In 1969, the Liberals passed the Imperial Acts Application Act 1969. In it they omitted Clause 14 Magna Carta. This was probably because it was already no longer being used in New South Wales. Abraham Gilbert Saffron was virtually the King of New South Wales, and he was probably the one who asked the State Parliament to act illegally. In 1970, the Liberals abolished about 44 Acts which they could not have done, if they had not left out the Australian Constitution in the Imperial Acts they declared law in 1969.

NSW has been undemocratically governed ever since. The Federal Court can fix this problem, by reference to the Constitution and if Justice Einfeld can get them to, he will earn his freedom

Great article, RobP. There are some here who'll still claim he was done wrong, but it seems increasingly clear to me that this dishonest and venal man only prospered because he was protected by his colleagues in the law.

The question of how many other senior jurists have and are still doing similar types of things is still to be answered.

One misprint in the Australian Constitution where judges was substituted for jurors in S 79 has led to Einfeld’s downfall.

Do we want to continue with a Monarchy or want to restore democracy? The Monarchy we have is represented by a Judge like Einfeld, sitting as a Monarch in his My Court. The democracy we used to have was represented by a Justice presiding over a court with twelve electors holding the real political power. You rightly question the integrity of senior jurists. Is it a mental illness?

Jurists have been out to lunch since 1900. Any jurist worth his salt would have realized the word judges in s 79 Constitution, meant jurors. The roots of the rot probably started when lawyers were admitted to the Parliament. For 498 years they were classified as Esquires, and as such excluded from the House of Commoners. That way they had to exercise political power, by challenging laws made by the Commoners, in the courts. They had the tools to do so, as a jury had the power to annul bad laws. This of course made some Judges very angry, but from 1670, and Bushel’s case, Judges were prohibited from chastising jurors.

Democracy was established in England, when by the Coronation Oath 1688 the King was required to uphold the gospels, and deliver law and justice in mercy, in all His judgments. Einfeld has had neither law nor justice in mercy, in the Judgment handed down against him. He is a jurist. As a Judge he was a despot. He has got what he delivered but it is still wrong.

Einfeld and all Federal Court Judges in Australia are aristocrats, and there is not one democrat amongst them. They all swear allegiance to Her Majesty Elizabeth the Second, and like Einfeld, immediately start offending. They offend S79 Constitution because the word judges there means commoners as jurors, not aristocrats and a big bad Judge. The judges who will restore democracy to Australia are the judges of fact required by S 79 Constitution. Einfeld should still have been offered a fine instead of jail.