'We're not part of the Australian constitution!' Grandfather is kicked out of court after arguing the law does not apply to his grandson because he's indigenous

  • An indigenous grandfather has questioned the legitimacy of the constitution 
  • He interrupted court on Monday and was told to 'step away from the bar table' 
  • He was there to support his grandson, who is facing domestic violence charges 
  • Grandson fell into the 'wrong crowd' and began drinking heavily in Palm Island

A grandfather has interrupted his grandson's court appearance to insists the Australian constitution does not apply to him because he is indigenous. 

The grandfather, whose grandson cannot be named for legal reasons, approached  the bar table at the Townsville Magistrate Court on Monday with a printed copy of the constitution and remained there when Magistrate Richard Lehmann entered the room. 

The grandfather argued that the constitution had no authority over indigenous Australians. 

The grandfather argued that the constitution had no authority over Indigenous Australians (stock pic)

The grandfather argued that the constitution had no authority over Indigenous Australians (stock pic)

'Sir … step away from the bar table please … step away from the bar table,' Magistrate Lehmann said.

Waving the document in his hand, the grandfather refused to step away, Townsville Bulletin reported. 

After another warning, Mr Lehman called security to remove the man.

His grandson has pleaded guilty to four charges, including one count of receiving tainted property and contravention of a domestic violence order.

Police Prosecutor Darren Cassidy said the man's offending towards his then-partner could only be described as a 'drunken tirade'.          

The grandson was outside of the woman's home and threatened to pour petrol on and bomb her home, according to police reports.

The court heard the terrified woman locked herself in the bathroom at 1am before calling police.      

On September 18, 2018, The accused also received a stolen iPhone 8, watches, speakers and keys from a victim, Mr Casson said.   

Mr Casson said on September 18, 2018 the man received a stolen iPhone 8, as well as watches, speakers and keys from a victim.

Remote communities such as Baggot Community in the Northern Territory (above)  have also suffered from spates of domestic violence recently 

Remote communities such as Baggot Community in the Northern Territory (above)  have also suffered from spates of domestic violence recently 

Defence lawyer Tracy Brown said the 20-year-old was intoxicated when he threatened his former partner.

The court heard the man mixed with the 'wrong crowd' and his drinking escalated after moving from Townsville to the small community of Palm Island. 

'He made decisions which he was not proud of and resulted in things like criminal history slowly increasing,' Ms Brown said.

Mr Lehmann said he would take into account the 158 days spent in pre-sentence custody and the man was sentenced to nine, three and five months imprisonment to be served concurrently.

The domestic violence order was also extended for another five years until 2024.

The parole eligibility date was set for February 25.

Convictions were recorded.

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Australian man is kicked out of court after declaring the constitution doesn't apply to grandson

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