Luke Bayly: ‘constitutional’ objector avoids conviction over Covid-19 breach

A man recites the Magna Carta while representing himself in Queanbeyan Local Court over Covid-19 breach.

A man has engaged in a bizarre debate with a Magistrate about Australia’s legal system at Queanbeyan Local Court.

Luke Bayly, 26, faced court on Tuesday after he was charged with not complying with Covid-19 restrictions by failing to wear a mask during the state’s mask mandate in September last year.

Bayly represented himself and during his opening argument he began to cite sections of the Magna Carta from a printed piece of paper.

“This is from the internet I presume,” Magistrate Roger Clisdell remarked.

Bayly argued the Magna Carta had relevance in the Australian constitution.

The magistrate went on to explain Australia’s legal system had evolved considerably since the 1215 document was published.

“This is a matter of law,” Mr Clisdell said.

“I believe I know a little bit about the law.”

Luke Bayly leaves Queanbeyan Local Court on March 8 2022. Picture: Julia Kanapathippillai

The court heard from a police witness who arrested Bayly on September 1.

She said she was on Covid-19 duties and saw the Magna Carta enthusiast at Woolworths and he was not wearing a mask.

The Policewoman said she asked Bayly to show proof of an exemption which he did not produce, and she then she asked him to move on from the supermarket.

She said Bayly did not comply and after some time without complying she put him under arrest and conveyed him to Queanbeyan Police Station.

In response to the policewoman’s evidence Bayly said he “sincerely apologises” for his actions but said he still believes in his heart“I still do believe

“I didn’t want to bow down to you,” he said.

“You became extremely hostile and arrested me”

“(I find what you did) morally objectionable and insane”

At this point magistrate Clisdell told the defendant he could ask questions but not make statements.

The defendant told the court he did not have any questions.

Luke Bayly recited sections of the Magna Carta when he appeared for himself at Queanbeyan Local Court. Picture: Julia Kanapathippillai

Bayly was asked to give evidence and rambled when he was asked if he would choose to make an affirmation or an oath.

“An oath to which god,” Bayley asked.

“The god in the bible” Mr Clisdell replied.

While in the witness stand the magistrate asked about the events of September 1 and Bayly said he was not sure about which day he was arrested.

“Assuming it was September 1,” Mr Clisdell said.

After only a brief time in the witness box, Bayly returned to the bar table.

“I won't pretend I was particularly happy about the restrictions imposed,” Mr Clisdell said when he began to give his judgment.

“(However) the police, like myself, are obliged to uphold the law.”

“You were not wearing a mask, you were a conscientious objector-”

“I’m a constitutional objector,” Bayly interjected.

The magistrate continued; “the reality is that we are governed from above.”

“That's not true, that's not the law,” Bayly interjected.

“The offence is proven, I find you guilty,” Clisdell said speaking over the defendant.

Mr Clisdell then said despite finding Bayly guilty he would not record a conviction.

“It‘s the constitution” Bayly shouted.

“I said I’m not going to convict you,” Mr Clisdell explained.