Grappler Deep State Feller wrote on Aug 26
th, 2015 at 11:17am:
" You can choose not to speak to Police but do not have that luxury at a Royal Commission. Try that and you can wind up in jail for contempt."
Ah yes - the old Star Chamber Trick, eh?
Let me get this right - so your legal rights enshrined in history and constitutions worldwide and derived from Magna Carta and so forth, simply vanish the moment someone standing in for Her Majesty says so?
You haven't been following my discussion of Sir Thomas More, have you?
McCarthyism lives - right here and now.... in the breasts of those fanatics who love destroying the Rights of others.....
Sir Thomas More - "Sir, my Silence is no sign of any Malice in my Heart, which the King himself must Own by my Conduct upon divers Occasions; neither doth it convince any Man of the Breach of the Law: for It is a Maxim amongst the Civilians and Canonists, Qui tacet consentire videtur, he that holds his peace; seems to give his Consent. And as to what you say, that no good Subject will refuse to give a direct Answer; I did really think it to be the Duty of every good Subject, except he be such a Subject as will be a bad Christian, rather to obey God than Man; to be more cautious to offend his Conscience, than of any thing else in the whole World ; especially if his Conscience be not the Occasion of same Sedition and great Injury to his Prince and Country : for I do here sincerely protest, that I never revealed it to any Man alive."
Yes. Royal Commisions do have coercive powers, including the power to force a witness to answer questions.....in the witness box. But, there are two things which temper that down a tad.....
1. The first thing a RC does with a potential witness is gather as many documents (under coercive powers) relevant to whatever it reckons that witness should be held accountable to in some way....even if it is just explanatory. Then, they will tell the potential witness that their copper investigators will call on them to obtain a statement. NOW...here is where legal advice is important. No-one can be compelled to give the copper that statement, or answer that coppers questions. That means the Counsel Assisting the RC does not know what the person will say when they get in the witness box. Lawyers very rarely ask questions if they do not already have a very good idea what the answer will be. Usually, you never put someone in the witness box unless you have a statement from them. So, while that person can be compelled to turn up at the RC and there, they are compelled to answer, Counsel Assisting is working in the dark, and will be very cautious. If you think you could be in the sheet at a RC....do not give the investigator coppers a statement....but otherwise indicate every willingness to attend at the RC where you will answer.
This one is important.
2. Nothing you say at that RC can in any other proceedings of any kind be used against you by way of evidence, or otherwise, excfept I imaging in a case of alleged perjury. Let's say that, after a RC, the Commissioner has made adverse findings against you. That does impact your public reputation (and that is why arseholes like Abbott set them up) but that's where it ends. So, after the Commission has finished with you, the coppers/relevant authorities have to start fro scratch. They can come to question you. You can safely tell them to bugger orf. Will they then charge you? That depends on what other evidence they have......which does not include what happened at the RC. By that I mean, they cannot just charge you, then turn up in Court, and produce the transcript of the RC. No...they have to start from scratch with their case,
just like in any other trial as if the RC had never happened. Many here will have seen me post that following the Howard/Cole Royal Commission into the Building and Construction Industry which made many many adverse findings against numerous people, not one,
not one of them were later even charged by any relevant authority, including ASIC or the coppers or whoever.
Forum
Pages: 
