A woman putting forward a Freeman of the Land defence in relation to a motoring charge intends to “bill Probation Service up to £500 million”, a court has heard.
Barbara Ann Colgan (53) from Killymeal Road, Dungannon was due to be sentenced for driving while disqualified but failed to appear.
She committed the offence on December 13, 2023 while driving on roads between Mall West, Armagh and The Square, Moy.
Over numerous appearances at Dungannon Magistrates’ Court before different judges, she made various claims around the legitimacy of the legal process, and despite being encouraged to obtain a solicitor, insisted she would be representing herself.
The Freeman of the Land defence stems from medieval times and those using it believe they are only bound by laws they consent to.
They often refer to themselves only by their first name, dispensing with surnames and routinely challenge the jurisdiction of the court, claiming they have no contract so cannot do business.
Hearings can become fraught and frustrating as defendants rarely give straight answers to questions, such as when asked if they understand something to which the general reply is, “I do not stand under”.
Some also assert if there is no victim, there is no crime.
Colgan made a number of unusual claims in her case but was ultimately convicted of driving while disqualified and because of the previous relevant record the case was adjourned for her to attend with Probation Services for the preparation of a pre-sentence report.
This was an opportunity for any issues around to be convictions with a Probation Officer who in turn could identify possible assistance or support, to deter future offending and suggest sentencing options to the judge.
However she failed to appear and it transpired she had written to the court claiming to be “out of state”.
District Judge Francis Rafferty noted: “On examining the documentation, this case was put back for reports and the defendant failed to attend. However, she is indicating she is preparing to bill Probation Service somewhere between £10 million and £500 million for her attendance. Let’s hope for the sake of Probation Service budgets it’s at the lower end of that scale.”
Allowing a short adjournment Judge Rafferty concluded: “She has notified the court she is currently out of state. She is certainly out of something. She should be advised to attend for sentencing on 31 January, when she can bill us all accordingly.”
