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Assault trial aborted

By DJ - 21 June 2008 16

I am looking beyond why a witness wasn’t the subject of a subpoena in this instance and am questioning the actions of the visiting Judge – just who does he think he is? http://www.abc.net.au/news/stories/2008/06/18/2278222.htm

Is visiting Sydney Judge Justice Roger Gyles accountable to the people of Canberra or even the victim? If Justice Gyles comes down to the ACT to help out, I homestly don’t mind as I’m guessing he would be more likely to impose a term of imprisonment than our lot. Ok, he slams the DPP for the situation but to refuse to postpone the trial is another matter . Surely the victim has the right to have the matter put before the Court and the accused the right to test the evidence.

What’s Your opinion?


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16 Responses to
Assault trial aborted
DJ 2:00 pm 23 Jun 08

Spideydog said :

In their defence, they do run “numerous” cases at the same time in high volumes. Mistakes can happen and they are only human.

Isn’t that why we, as tax payers, pay them so much?

Headbonius 7:22 am 23 Jun 08

Oh Vic, BTW, I forgot to say……that explains a lot.

Headbonius 4:59 am 23 Jun 08

Thanks Spideydog, sometimes the best things are unexpected 🙂

Spideydog 1:13 pm 22 Jun 08

I thought it was a lovely poem (it did come out of nowhere though??)

If it had of been written about me, I still would have laughed 😉

vg 12:08 pm 22 Jun 08

Ant

DPP does not equal Police.

Back to the all nighters on RSVP for you

Headbonius 7:43 am 22 Jun 08

I just want to give you a big hug Ant! If you really are a girl.

ant 11:41 pm 21 Jun 08

Oh, the police/police wannabes evidently want me to remind them of how pathetic our police are. Well, as this thread plainly demonstrates, I don’t need to as it’s all too evident.

And I wouldn’t have, but it seems my comments were wanted, so there they are.

sepi 10:37 pm 21 Jun 08

So does this trial cancellation mean the guy is let off the hook now????

Will there be another trial or not?

Vic Bitterman 10:12 pm 21 Jun 08

Headbonius said :

There is an old fart called Ant,
About Coppers he loves to rant.
He’s a silly old fool
A real fcuken tool
His brain is not a giant

Hmmmm I didn’t see Ant post in here, but hey, whatever floats your goat.

You do know that our Ant is a girl??

Spideydog 9:28 pm 21 Jun 08

lol

Headbonius 9:13 pm 21 Jun 08

There is an old fart called Ant,
About Coppers he loves to rant.
He’s a silly old fool
A real fcuken tool
His brain is not a giant

VicePope 8:01 pm 21 Jun 08

The spiking of this charge has had one of two adverse effects. If the accused would have been found guilty, that may have been some comfort to the family of the victim. They lose that. But, if he would have been acquitted (and the fact that police charge someone does not mean that person is guilty or will be found guilty), he may have recovered some of his reputation. And he lost that. Overall unsatisfactory.

DJ – The appeal/review options would be pretty limited. But the decision was one that was probably open to His Honour. Gyles J, by the way, is a judge of considerable experience (appointed after a stellar careeer) and his judgments seem pretty safe and reasonable (on the ones I have read). He is a Federal Court judge who is one of a number described as “additional judges” of the ACT Supreme Court. They are appointed under s 4A of the Supreme Court Act by the Executove (Government) of the ACT.

A judge has a very high level of protection from dismissal, and there are good reasons for that in terms of judicial independence. Dismissals are pretty rare and usually follow a substantial criminal conviction (although one was considered in the case of Bruce J of the NSW Supreme Court, who was notoriously slow due to a psychological codition). Judges are accountable for the judicial actions only to the law and those courts that review their decisions.

Spideydog 7:16 pm 21 Jun 08

In their defence, they do run “numerous” cases at the same time in high volumes. Mistakes can happen and they are only human.

sepi 3:13 pm 21 Jun 08

But won’t there be a retrial?

What were the other options – delay for 6 weeks?

If they had gone ahead, would this lack of a witness have caused a loophole the defence could have used to get the trial aborted anyway – if they didn’t like the result??

I can’t just really get past the fact that the DPP should have managed to remember to call their witness in plenty of time.

Spideydog 2:27 pm 21 Jun 08

The victim has no rights ???? apparently.

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