1 Jun 2023

Brad Flutey three hours late to court, sentencing unable to proceed

3:32 pm on 1 June 2023

By Shannon Pitman of Open Justice by NZ Herald

Brad Flutey  - anti-mandate activist

Brad Flutey sought an adjournment for sentencing based on his sovereign rights. Photo: Northern Advocate / Michael Cunningham

Prolific anti-mandate activist Brad Flutey was due to be sentenced on a range of charges but has dragged his court case out longer by seeking an adjournment and then failing to show up to court on time.

The sentencing was scheduled before Judge Philip Rzepecky in the Whangārei District Court on Tuesday after Flutey was found guilty of wilful trespass, disorderly behaviour, aggravated assault on a police officer, resisting police and escaping custody following a judge-alone trial.

The court heard Flutey appeared at the registry counter the day before sentencing seeking an adjournment which police prosecutor Ryan Cooper said was opposed.

Police opposition was communicated back to Flutey via email from the registry.

On one of his social media platforms, Flutey posted a six-minute video stating he did a three-day litigant course and had attempted to file sovereign documents to a registrar over the counter requesting an adjournment and was advised the court does not accept sovereign documents.

Brad Flutey  at meeting organised by anti co-governance man Julian Batchelor

Brad Flutey recently spoke at an anti-co-governance meeting held in Northland. Photo: RNZ / Sam Olley

He went on to imply registrars were liars and were placing barriers between defendants and the court process and on advice, recorded his conversation with the registrar.

"Make sure your document meets your specifications as 'a man of substance', helping to get a person justice in the district courts whilst not breaking the district courts rules," Flutey told his Facebook followers.

Flutey then went on to say he could bring private suits against individuals in the court system for not accepting his documents.

He also posted on Facebook stating "sentencing for paper person from 3 pm onwards."

Flutey was bailed to appear at 11.45am on Tuesday and when he did not appear by 12.30pm, Judge Rzepecky issued the warrant.

He showed up to the courthouse at 3pm with around 20 supporters but as he had missed his scheduled time slot, he could not be dealt with and was given a future sentencing date.

His warrant to arrest was cancelled.

At his last appearance when Judge Rzepecky delivered his guilty findings, Flutey interrupted multiple times even requesting to see Judge Rzepecky personally in chambers and claimed "Brad Flutey" was no longer his name.

"Is the decision directed towards a form or a substance?" Flutey asked.

Judge Rzpecky said he was not sure what Flutey was referring to, only that the charges before him were made out to a person named Brad Flutey.

"That's not my name," Flutey said.

"I ask this question because that Crown behind you, is that the Crown of England?" Flutey continued to challenge.

Judge Rzpecky told Flutey he would not get into questions about the coat of arms, which Flutey continued to interrupt by saying the court has no jurisdiction over "a man of substance".

He was warned to engage with probation so a pre-sentence report could be prepared for sentencing.

This story was first published by the New Zealand Herald.