By JEREMY KELLY
Magistrates' Court reporter
A FARMER is planning a legal
challenge he believes could make
his dairy farm a sovereign
kingdom.
Brian Charles Fyffe, 60 is
expected to argue his 205 ha
Gippsland dairy farm at
Carrajung - from which he was
evicted this week - is a
principality exempt from
Australian law.
Mr Fyffe was arrested on his
heavily fortified property on
Tuesday after a night raid by
sheriff's officers and the police
special operations group.
Police allege an Israeli-made Uzi
machinegun was mounted at the
front door of Mr Fyffe's house.
Wearing handcuffs, Mr Fyffe
yesterday faced Moe
Magistrates' Court charged with
making a threat to kill and
multiple firearms offences in
relation to machineguns and
pistols allegedly found at the
property.
Magistrate John Dugdale
remanded Mr Fyffe, in custody.
It is expected he will make a bail
application supported by his
argument that his property has
and can secede from the
commonwealth.
Mr Fyffe's solicitor, Keith |
Hoban, said his client's case
had parallels to Western
Australia's Hutt River Province.
In 1970, Leonard Casley
formed the province after the
government placed quotas on
his wheat exports.
He renamed himself Prince
Leonard of Hutt and became
administrator of the 75sq km
property, an act not recognised
by Australian governments.
Mr Fyffe's argument however is
believed to go further than that
and if successful, has the
potential to call into question the
validity of all levels of Australian
government.
He is expected to refer to the
Bible, Magna Carta and legal
texts to try to prove his case.
Mr Fyffe's family yesterday
|
said he was a decent, father of
five who did not pose a risk to
the community.
"I can't understand why they say
he is dangerous," a family
member said outside court. "All
we know is the police say there
were guns found in the house"
The property and its contents
had been in the Fyffe family for
50 years until the sheriff took
possession on Tuesday.
Assistant sheriff Bob Carr
yesterday said Mr Fyffe had
refused to comply with a Court
of Appeal order made four
months ago that transferred
ownership to the State
Government.
He said the raid was without
incident although they had
requested police assistance.
Mr Fyffe's family said he had
been involved in a long running
dispute with the sheriff and
governments over his property
and legal rights.
They said it started in 1984 after
his tractor was repossessed. That
ignited a chain of events that the
family claims has led to the
charges Mr Fyffe is currently
facing.
Mr Fyffe was yesterday
remanded in custody to appear
at Sale Magistrates' Court on
October 30. |