Fight to keep $22 corgi fee from Wodonga Council

Wodonga pensioner Jeffrey Sill, 69, had paid the annual fee to the council for the first seven years of the dog’s life.

When he refused to keep paying in 2014, that fee increased to a $289 fine and the risk of $3200 in costs at Wodonga Magistrates’ Court.

The council’s compliance team leader Craig Clanahan told the court he rejected any claim the City of Wodonga was not recognised under the constitution.

“I advised Mr Sill that if he failed to pay, then the dog may be seized,” he said.

Sill, who described himself as “a loyal subject of the queen”, said the whole constitution was unlawful.

“It was never signed by the queen,” he said.

Sill argued this meant the council did not have the power to charge for Eckles’ dog registration fees.

Magistrate John O’Callaghan was not won over by the suggestion councils and the legal system were invalid.

“If you're right, this is the biggest story in Australian legal history,” he said.

“Where did you get that from?

“If you say the internet, I'll go feral.”

Mr O’Callaghan said the Commonwealth’s “principle of regularity” meant Sill’s argument was not valid.

He reimposed the $289 fine and added $114 in court costs.

Prosecution counsel Basil Stafford asked for another $3200 in costs for the council because he warned Sill the argument had no substance.

The magistrate rejected the application, saying said Sill was “fair dinkum” about his views.

“Courts are about people exercising their right to free speech, to challenge, to annoy the executive,” he said.

“That they can do so is one of the hallmarks of a true democratic society.”

The magistrate did not want to dissuade others who were not well off from making challenges.

“I know that's hurtful to the City of Wodonga and for that I'm sorry,” Mr O’Callaghan said.

Sill said he would take his challenge to a higher court.