NT anti-vax leader and ‘sovereign tribal man’ David Cole appeal quashed over ‘insurmountable barriers’ to legal claim

The leader of the Territory anti-vax movement has tried to argue the laws do not apply to him as a ‘sovereign tribal man’. See how the Supreme Court dismissed this claim.

The leader of the Territory’s anti-vax movement has failed in his attempt to overturn local court charges against him, claiming the laws do not apply to him as a “sovereign tribal man”.

David Alan Cole represented himself in a Supreme Court appeal before Chief Justice Michael Grant, arguing the local courts did not have the jurisdiction to charge him.

Cole has been charged with rioting for his alleged involvement in a violent anti-vaccine mandate demonstration, three assaults on police, breaches of the Covid emergency declaration, disorderly conduct, entering Aboriginal land without a permit and bail breaches.

He has previously refused to enter a plea as he said the ongoing hearings were “unlawful” and the courts were “complicit in war crimes and slavery”.

The Covid-sceptic, who has previously asked to be referred to as Lurnpa Tjambatjimba, told the court he was a “sovereign tribal man” and the laws of the Commonwealth and the Northern Territory did not apply to him.

“(He) asserts that, as a consequence, the Local Court has no jurisdiction or power to hear and determine the charges which have been brought against him,” Justice Grant said.

This is not the first time the sovereign citizen has made these arguments.

Justice Grant said Judge David Woodroffe had ruled on similar claims in the Darwin Local Court in December and found that “Indigenous Australians are subject to the laws of the Commonwealth, and the laws of the States and Territories in which they reside”.

David Cole attends local court. Picture: Amanda Parkinson

A month after Judge Woodroffe’s decision Cole/Tjambatjimba lodged his appeal to the Supreme Court, claiming it was “inconsistent” with other High Court cases and the United Nations Declaration on the Rights of Indigenous Peoples.

Justice Grant said there were “insurmountable barriers” for the courts to accept Cole/Tjambatjimba’s claims.

Justice Grant comprehensively dismissed this claim, saying multiple High Court findings concluded that Aboriginal people were still bound by state, Territory and Commonwealth law.

“There is nothing in Mabo v Queensland or the more recent High Court authorities referred to by the appellant, which would support the notion that Australian legislatures lack competence to regulate the rights of Aboriginal people,” he said.

“Or that the laws enacted by those legislatures are subject to the acceptance, adoption, request or consent of an Aboriginal person to which they would otherwise have application.”

Justice Grant also said the appeal was premature, as Cole/Tjambatjimba had not been convicted for any of the offences.

He said the appeals process was to assess potential errors in sentencing or decisions, but Cole’s matters had not finalised.

Chief Justice Grant dismissed the appeal on March 1.

Cole is expected to return to Darwin Local Court later this month.