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SOVEREIGNTY TRUTH

The Reassertion of Sovereignty in The Great South Land, now known as 'Australia'.

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KABI REASSERTION OF SOVEREIGNTY

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COUNCIL OF ELDERS RECONVENED 

In 2015, The Sovereign Tribes of the Kabi Nation reconvened our Council of Elders and agreed to peacefully reassert our Sovereignty, over our sacred tribal native lands, waterways and sacred sites, in order to protect them, and to exercise our rights to self determination. The primary trigger for taking this action was the failure of Australian governments and government agents to comply with their obligations, to abide by their own statutes and regulations, to NOT damage or destroy our sacred lands and sacred sites. Signs and notices were placed on sacred lands at Mimburi and Rocky Ridge, to prohibit excavation and damage, and to educate members of the government and public, as to the significance of the sacred lands and sacred sites. The Signs have been stolen, and a report made to Police.

UNLAWFUL TO CAUSE HARM TO SACRED TRIBAL LANDS AND SACRED SITES

The main purpose of the Queensland Aboriginal Cultural Heritage Act 2003 is 'to provide effective recognition, protection and conservation of Aboriginal cultural heritage'. It is unlawful to harm Aboriginal Cultural Heritage, as outlined in section 24 of the Queensland Aboriginal Cultural Heritage Act 2003. Section 5 b) of the Queensland Aboriginal Cultural Heritage Act 2003 states that:

'Aboriginal people should be recognised as the primary guardians, keepers and knowledge holders of Aboriginal cultural heritage'

This statement is an acknowledgement in Australian regulations, of the rights of the Sovereign tribes of the Kabi Nation, to hold, utilise and protect our sacred lands and sacred sites which are an integral part of our cultural heritage.

GOVERNMENT IN BREACH OF QUEENSLAND ABORIGINAL CULTURAL HERITAGE ACT 2003

Government ministers and government agents have been notified regarding the significance of Kabi sacred sites, and Queensland Government ministers and agents have been notified that cattle on the sacred lands at Mimburi are damaging the sacred lands, waterways and sacred sites, and that they must be removed. The government has deliberately allowed the cattle to stay. The persons who have allowed this, are in deliberate breach of Section 24 of the the Queensland Aboriginal Cultural Heritage Act 2003, and of the spirit of the Act. They are also in breach of the Australian Genocide Convention Act 1949.

POLICE INSPECTOR REQUESTED A MEETING

Prior to the official ceremonies to reassert Sovereignty, the Queensland Government, government ministers and police were informed. Inspector Jon Lewis from Noosa Police made contact, and asked for a meeting to discuss the reassertion of Sovereignty. At the meeting, Inspector Lewis said that he had to regard the Commissioner General, the Government and a farmer who has leased the land, as those in 'peaceable possession' of the land. This was an error, as because there is a dispute regarding the ownership, the criteria for 'peaceable possession' does not exist.

Wit-boooka told Inspector Lewis that the land still belonged to the Sovereign Tribes of the Kabi Nation, and that none of his ancestors ever signed over the title of the land to the Crown, or the Crown Commisioner, or the Government, as was required for the Crown to take possession. Inspector Lewis agreed that there would be no title deed which relinquished ownership of the Sacred lands at Mimburi to the Crown, however he said he was following instructions, and that he had to comply with police regulations.

POLICE DID NOT MAKE AN ARREST

Inspector Lewis said that the members of the Sovereign tribes of the Kabi Nation and our invited guests would be arrested for trespassing, if we attended the reassertion of Sovereignty ceremonies. Inspector Lewis confirmed that force would be used.

On the 26th July 2015, Wit-boooka and the Sovereign Tribes of the Kabi Nation reasserted our Sovereignty over our sacred tribal lands and sacred sites, in ceremonies which took place at sacred lands known as Mimburi, at Belli Park in Queensland, Australia. The police drove past on a number of occasions, and they smiled and waved. Police observed that the Sovereign Tribes of the Kabi Nation were reasserting our Sovereignty over our land. Police took no action, no people were arrested.

GOVERNMENT AND POLICE SET CONDITIONS FOR AN ESTOPPEL

Definition of Estoppel from Black's Law Dictionary:

'A bar or impediment raised by the law, which precludes a man from alleging or from denying a certain fact or state of facts, in consequence of his previous allegation or denial or conduct or admission, or inconsequence of a final adjudication of the matter in a court of law.'  http://thelawdictionary.org/estoppel/

The fact no action was taken, signaled the acquiescence of the Government and government agents, to the Sovereignty and jurisdiction of the Sovereign Tribes of the Kabi Nation, over our sacred native lands and sacred sites. This inaction set the conditions for an estoppel. Wit-boooka parked his station wagon on the sacred lands, draped in the Kabi Bee Flag. On the 29th July 2015, Inspector Lewis reported that Wit-boooka's vehicle had been removed from Mimburi, at no cost to Wit-boooka. Wit-boooka found out later from police witness statements, this was by orders of the Coordinator-General. At that time there were no charges laid against Wit-boooka, again creating conditions for an estoppel. Wit-boooka returned his car to Mimburi.

On the 14th August 2015, Wit-boooka was arrested without a warrant, and charged with 'trespass' on the sacred tribal lands of The Sovereign tribes of the Kabi Nation. The charges were made under the name Gary Tomlinson. Police refused to acknowledge that the flesh-and-blood Man Wit-boooka was under no obligation to contract with them. This eventually resulted in two additional charges, of 'assault obstruct police'. There was no assault of police, and the 'obstruct' which the charges related to, were as a result of Wit-boooka refusing to hand police his ID, or to sign papers which would put him under the jurisdiction of the Court. Wit-boooka was confined at the Gympie watch house until the afternoon of the 17th August. The release of Wit-boooka occured after the Magistrate allowed Wit-boooka to sign his bail/release form  'I am not your persons, I am a Kabi Kabi Sovereign Tribal man, I am not under your jurisdiction' and also to sign with his tribal name. 

A Court appearance was held on 24th August 2015. 

REMOVAL OF HUNTING TOOLS
 
On the 17th December 2015, Police visited the home of Wit-boooka to remove his hunting tools from his possession, with a demand that he have a medical assessment to assess his mental state. It appears that it is regarded as a sign of mental instability, to be a Sovereign Tribal man, and to question the jurisdiction of the 'Government'! 
 
TRESPASS HEARING POSTPONED

The 19th January 2016 was the day was set aside for the hearing of the 'trespass' case. Elders of the Sovereign Tribes of the Kabi Nation were accompanied by supporters who included the Lore/Law Man Gunham Badi Jakamarra of the Original Sovereign Tribal Federation. The Court time was spent with the Magistrate deciding whether or not to allow 'friends of the court' to sit at the bar table with Wit-boooka. The Magistrate remarked that the matter should have been addressed before the hearing date, The requirement for friends of the court was lodged in 2015, but was not passed on from the Registrar's office. Against the wishes of the police prosecutor, the Magistrate agreed to allow Wit-boooka to have his assistant sit at the bar table during the hearing. The 'trespass' case was set for hearing on the 27th and 28th January.

ALL CHARGES WITHDRAWN
 
On the 22nd January 2016, Wit-boooka received a phone call from the Police Prosecutor to convey that the charges against him were being dropped.

In the court room, the Magistrate seemed unaware of the situation, and also appeared surprised that the charges were being dropped. The Police Prosecutor stated in court that the Deputy Director General of Major Projects and Properties notified his office after 5pm the day before, that they no longer wished to proceed with the 'trespass' charges. The Police Prosecutor also informed the Magistrate that the 'assault obstruct Police' charges, which he claimed were 'still valid', were also being withdrawn.

Wit-boooka objected to the matter being withdrawn by the Government, and expressed the opinion that the case needed to be heard, because the matter of the land ownership had not been addressed by the Court. The Magistrate stated that the charges were withdrawn and Wit-boooka was free to go. She said 'that's the end of the matter'.

Wit-boooka again pleaded with the Magistrate to do the right thing. The Magistrate was clearly upset and said that she couldn't be blamed for what happened over the last 200 years. Wit-boooka stated he did not blame her, but insisted the matter needed to be addressed. The Magistrate warned Wit-boooka that she would charge him with contempt of Court if he continued, and she expressed the opinion that she didn't want to do that. The Magistrate did also say 'I know your angst, and I know your feelings', and in relation to deciding who owned the land she said 'I would if I could', but said that is was a decision for the High Court, and outside of her jurisdiction. She also wished Wit-boooka good luck as he was leaving the Court.

It must be noted that the government can NOT bring further 'trespass' charges against Wit-boooka in relation to the sacred lands at Mimburi.

The Sovereign Tribes of the Kabi Nation planned to hold our annual Bunya Nut Festival at Mimburi on the 26th January 2016. On the 25th January, Wit-Boooka and his young son had been clearing grass and preparing the Sacred lands for the Festival the next day when they were intimidated by guards who were trespassing on our Kabi Sacred Lands. Fortunately a video was made of the incidents which followed. 

WIT-BOOOKA BITTEN BY GUARD DOG

Wit-boooka and his son were prevented from leaving the Kabi Sacred tribal lands by a private security guard and his dog. Wit-boooka became quite distressed after being bitten by a badly managed guard dog, which should not have been on the property in the first place, and should have been muzzled. The handler allowed his dog a long length of leash, permitting it to attack Wit-boooka as he was walking back to his car. The poor animal drew blood, but was not at fault, as the dog handler behaved in a very unprofessional manner.

Wit-boooka was treated at Gympie hospital for the dog bite, and had a sore bruised arm. Thankfully his son was safe in the car and was not physically harmed. This incident is yet another sad example of the continuing acts of genocide, the prevention of cultural and religious practice, the racial discrimination, intimidation and oppression of First Nation Peoples in 'Australia'.

Police from Kenilworth would not initially take a statement regarding the unlawful presence of private security guards on sacred tribal lands, the theft of Kabi property, and the intimidation and attack. Wit-boooka was informed by a Gympie police officer, that Inspector Jon Lewis from Noosa has instructed Kenilworth Police to investigate the matter, and take statements. 

GUARDS AND DOGS INSTALLED TO PREVENT BUNYA NUT FESTIVAL

On the 26th January 2016 members of the Sovereign Tribes of the Kabi Nation had planned to celebrate our Bunya Nut Festival at the sacred lands at Mimburi. However the private security company, CK9 SAS and their dogs, prevented entry to the Sacred lands. The persons from Elders Real Estate in Gympie who blocked Wit-boooka's means of exit  from Mimburi the previous day were not present. The guard and the dog which attacked Wit-boooka the previous day however, were again present at the gate of Mimburi. The dog handling guard threatened, that he would not permit Kabi Elders and other members of the Kabi Sovereign tribes to enter the property.

The guard claimed the land is 'private property', but would not say who employed his company to prevent the Kabi Sovereign tribes from accessing our sacred tribal lands, to engage in our cultural, religious and spiritual practices. The Bunya Nut Festival, has its roots in ancient times, and is a time to welcome all to a peaceful celebration. No doubt the intimidating presence of the security guards and dogs, and the dog attack on Wit-boooka on the 25th January, deterred people from bringing their families to Mimburi for the annual celebration.

Elders who travelled from as far away as south of Brisbane, were denied access to their sacred lands and sacred sites. The security guards were so heartless that a female Kabi Elder was denied access to toilet facilities after travelling all the way from Beaudesert, and as a result, suffered a most unfortunate and embarrassing incident, after following police instructions to 'go in the bush'. (This is reported with permission of the Elder concerned). 

The policeman present appeared well intentioned, and behaved professionally and respectfully towards all people present while attending at Mimburi. The Elders of the Sovereign Native Tribes of the Kabi First Nation state however, that we are extremely disappointed in the 'system' that would allow the continuation of the acts of genocide and oppression which have been perpetrated against our people since the first invasion of our land. We are also frustrated that government 'authorities' ignore Lore/Law and act immorally, rather than face the illegality of their actions.

As previously, a United Nations Human Rights Abuse Observer is continuing to monitor and document all matters concerning the actions by government and government agents, against the Sovereign Native Tribes of the Kabi First Nation State, and the unlawful denial of access to, attempted destruction of, and damage to, our sacred native tribal lands and sacred sites.

Wit-boooka, Diane King, Aunty Bucky and Aunty Kay have forwarded written Statements to Police regarding the crimes which have been committed against Wit-boooka and the members of the Sovereign Native Tribes of the Kabi First Nation State.

We would like to thank Gunham Badi Jakamarra of The Original Sovereign Tribal Federation for all his assistance to the Sovereign Tribes of the Kabi Nation. 

THE SOVEREIGN TRIBES OF THE KABI FIRST NATION STATE TO JOIN THE ORIGINAL SOVEREIGN TRIBAL FEDERATION

On the 8th February 2016, the Sovereign Native Tribes of the Kabi First Nation State officially informed Gunham Badi Jakamarra of our desire to join the Original Sovereign Tribal Federation.
 
On the 12th February 2016 Pierre Senekal of the Kenilworth Police informed us that our complaints were forwarded to Inspector Jon Lewis of Noosa Police. 

POLICE COMPLAINTS

When a dog bites a human being, it is usually impounded while an investigation occurs. We wonder why this was not done immediately after the attack on Wit-boooka.

On the 12th February 2016, Pierre Senekal of Kenilworth Police notified us that the Complaints regarding the assault against Wit-boooka, and other crimes committed against the Sovereign Tribes of the Kabi Nation, have been forwarded to Inspector Jon Lewis of Noosa Police. A letter will be sent to Jon Lewis, insisting prompt action be taken to ensure the dog handler, and the dog that bit Wit- boooka pose no future threat to the public.

PEACEFUL DIRECT ACTION

Peaceful direct action will continue, to ensure the protection of sacred tribal lands, waterways and sacred sites. Service providers on our tribal native lands are required to work for the benefit of ALL residents of the Gympie Region.

NOTICE TO GYMPIE REGIONAL COUNCIL - WORK CO-OPERATIVELY OR VACATE OUR SOVEREIGN STATE

On the 17th February 2016, Wit-boooka served Gympie regional Council with a NOTICE reminding councillors that their corporate operations on Kabi Sovereign tribal Native lands are illegitimate. Council is a private corporate service provider, NOT a government. Council have been given the option to contract to continue their operations, and to work co-operatively with the Sovereign Tribes of the Kabi Nation, OR TO VACATE OUR SOVEREIGN STATE. Initial conditions for future co-operation have been presented to councillors.

MEETING WITH THE MAYOR

On the 18th February 2016, Wit-boooka attended a meeting with the Mayor of Gympie Regional Council. The mayor stated that a workshop with council will take place at the earliest opportunity after the council elections. The Sovereign Tribes of the Kabi Nation look forward to meeting the new Gympie Regional Councillors, and we are hoping for a co-operative working relationship.

GYMPIE MAYOR DID NOT KEEP HIS PROMISE

The Gympie Mayor failed to arrange a workshop between our tribal Elders and representatives, which he promised to do, in order to work to prevent the continuing desecration, damage and destruction of our sacred tribal lands, sacred sites, relics, waterways, airways to which we are spiritually connected. Our connection to Country is integral to our spiritual and religious beliefs and cultural identity.

TRIBAL NOTICES OF INJUNCTION ISSUED

The Elders Council of our Sovereign Native Tribes of the Kabi First Nation State issued Tribal Injunctions on the 9th and 11th March 2016 which prohibit the sale, disturbance or damage of sacred lands, waterways, sacred sites, artifacts and natural resources, and demanded that governments cease all claims to ownership and management of our Ancestrally inherited Sovereign Kabi properties.

EVICTION NOTICE DELIVERED TO GYMPIE REGIONAL COUNCIL

As a result, the Elders Council of our Sovereign Native Tribes of the Kabi First Nation State issued a Tribal Eviction Notice for delivery to the Gympie Regional Council, and also sent it to many government authorities.

Delivery of the Tribal Eviction Notice was made public. On the 31st May 2016, copies of our notice were hand delivered to businesses and interested bystanders in Gympie, together with a tribal statement assuring non-tribal occupants of our Sovereign Tribal Country, that their rights to the occupation of their homes and businesses would not be challenged. The mood of the general public was supportive.

Our three tribal representatives delivered the Tribal Eviction Notice to the Gympie Regional Council Chambers in Mary Street Gympie on the 31st May 2016, and were subsequently arrested and charged with trespass, public nuisance and multiple assault charges. Our tribal representatives are still fighting these charges in court  after 16 months, and you can follow their progress on the Kabi Dreaming facebook page:

https://www.facebook.com/Kabi.Dreaming/​ 

 

ALL MATTERS ARE BEING MONITORED BY A UNITED NATIONS HUMAN RIGHTS ABUSE OBSERVER.