Kym Anthony Sweet claims sovereign citizen in ‘nonsense’ attempt to have drug charges dropped

A man has tried to claim sovereign citizenship in an attempt to avoid drug charges, telling a court he has both a “flesh and blood” body and a separate legal “entity”.

Kym Anthony Sweet’s application to have drug charges against him dropped was dismissed.

A judge has dismissed a man’s attempt at claiming sovereign citizenship to avoid facing court on drug charges as “nonsense”.

Kym Anthony Sweet argued that he possesses two distinct personas, a “real live flesh and blood man” and the other a “straw man” or “dummy corporation”.

Mr Sweet is charged with unlawfully producing more than 500g of marijuana between February and August 2019, and possessing hydroponic equipment used in connection with producing marijuana.

The straw man theory, prevalent in the sovereign citizenship movement, purports that humans have two personas, and that an individual’s legal responsibilities belong to the “straw man”, not the physical human.

According to court documents, Mr Sweet made an application to the Maroochydore District Court to dismiss the charges against him on the grounds that the indictment charged the wrong “entity”.

Judge Glen Cash said the application was devoid of merit.

“Merely setting out the argument is sufficient to show it is nonsense,” he said.

“The essence of the applicant’s argument is that he possesses two distinct personas.

“According to the applicant’s argument, the real person is not subject to the laws of Queensland, and the charges should be dismissed.”

In his material submitted to the court, Mr Sweet referred to his physical persona as ‘Kym-Anthony:’ and the “straw man” as KYM ANTHONY SWEET.

Judge Cash said none of Mr Sweet’s documents were “of any legal effect whatsoever”.

Mr Sweet’s material included a number of documents with fingerprints in red ink, an extract of his birth certificate with a commemorative coin, and a document headed ‘Evidence-Claim-of-live-life-certificate”.

“Its contents are even less comprehensible than its title,” Judge Cash said.

Kym Anthony Sweet outside a courthouse in Adelaide in 2015.

The term “organised pseudo-legal commercial argument” (OPCA) litigants was coined to describe people who adhere to discredited theories such as the straw man or sovereign citizenship.

Judge Cash said arguments presented by OPCA litigants were largely incoherent and incomprehensible.

He said such people believe a separate legal identity was imposed upon them by the government with things like birth certificates.

The OPCA litigants believe their physical person can repudiate through affidavits or by surrendering their birth certificates.

He described the processes of OPCA litigants as “arcane” and said the language they used and documents they rely on can resemble “spells or incantations”.

“It is apparent (Mr Sweet) is one of a group of people who for some years have attempted, universally without success, to avoid the operation of laws with which they do not wish to comply,” he said.

“While the so called ‘straw man’ argument may properly be described as nonsense or gobbledygook, it is in any event of no assistance to the applicant in present circumstances.

“It is to my mind clear that under the criminal law of Queensland the applicant’s claim to possess or be associated with some separate legal entity is entirely irrelevant.”

Judge Cash dismissed Mr Sweet’s application for the drug charges to be dropped on September 6.