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Judge asks man who accompanied defendant to court to ‘save this unfortunate woman from herself’

Mall West in Armagh
The woman was in court for a driving offence committed on the Mall West in Armagh

A woman using a Freeman of the Land defence in a motoring conviction has narrowly avoided prison following a bizarre hearing at Dungannon Magistrates’ Court.

Those using his defence routinely challenge the jurisdiction of the court, claiming they have no contract so cannot do business and often refer to themselves only by their first name, dispensing with surnames.

Hearings can become fraught and frustrating as defendants rarely give straight answers to questions.

They frequently refer to a Uniform Commercial Code (UCC) , a purported legal document which they claim means by not consenting to government contracts, they are not subject to laws so not legally obligated to comply with them.

Barbara Ann Colgan (53) from Killymeal Road, Dungannon was due to be sentenced for driving while disqualified last week but failed to appear.

Prior to that there were numerous appearances, and despite being urged to obtain a solicitor, insisted she would represent herself.

She was convicted in December by District Judge Francis Rafferty who ordered pre-sentence reports but she failed to engage.

Sentencing was due to take place last week but she didn’t appear, claiming to be “out of state” and indicating she was preparing to bill Probation Services up to £500 million for her attendance.

Allowing a final adjournment Judge Rafferty remarked: “Let’s hope for the sake of Probation Service budgets it’s at the lower end of that scale.”

She duly appeared before the most recent sitting which heard police in the Mall West area of Armagh on December 13, 2023 noted Colgan driving at excessive speed and it transpired she had been disqualified three months beforehand.

When stopped in The Square, Moy she identified herself only as ‘Barbara’ and told officers if they didn’t have “A copyright agreement under UCC she could not provide any more details without costing PSNI £100,000 and it would be a breach of trust.”

The prosecutor said: “Officers asked what this referred to and she replied it was an agreement between the parties, and that went on.”

“An on and on and on, “ noted Judge Rafferty.

Colgan was eventually cautioned for driving while disqualified and “reluctantly” provided her full name and address.

Judge Rafferty enquired why she failed to attend with Probation to which she replied: “I gave them information as to why I was unable to. I have reached the age of majority and can make my own decisions.”

The judge said: “You were billing them up to £500 million and assert more rubbish documentation.”

Colgan referred to her “notice of motion” and the prosecution confirmed “pseudo legal” material had been received.

Judge Rafferty swiftly cut in stating: “We’re not going down that road. It’s pointless and a waste of everyone’s time.”

He enquired if Colgan works or has a family to which she shot back: “What do my personal circumstances have to do with my notice of motion?”

The judge replied: “You don’t get to ask questions.”

“Where is it written that I cannot ask questions?” demanded Colgan.

Judge Rafferty responded: “You can ask, but they won’t be answered. Have you anything else to add?”

Colgan began: “I challenge the court jurisdiction. This is a trust matter. The entity you refer to as Barbara Ann Colgan and myself are in a trust. I can say nothing else or it would be a breach of trust.”

“Fantastic,” said the judge. “This is a serious offence which carries a risk of imprisonment. However this is your first conviction for this offence.”

He imposed four month custody suspended for two years, and disqualified driving for 12 months.

Asked if she understood, Colgan replied: “I hear what you say.”

A male who accompanied Colgan confirmed he understood the sentence so Judge Rafferty requested he “please explain it and save this unfortunate woman from herself.”

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