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Question: Will there be a conviction?

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Total votes: 21
« Created by: Lisa Jones on: Oct 22nd, 2022 at 7:49am »

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Trial of Brittany Higgins's alleged rapist begins (Read 36651 times)
Belgarion
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #405 - Oct 25th, 2022 at 6:30am
 
To sum up, on the balance of probability Higgins and Lehrmann had sex in the Ministers office. It's uncertain if this was consensual or not.  Given the behaviour of everyone involved there is no proof of rape that is beyond reasonable doubt.
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mothra
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #406 - Oct 25th, 2022 at 7:57am
 
Belgarion wrote on Oct 25th, 2022 at 6:30am:
To sum up, on the balance of probability Higgins and Lehrmann had sex in the Ministers office. It's uncertain if this was consensual or not.  Given the behaviour of everyone involved there is no proof of rape that is beyond reasonable doubt. 



How could she give consent if she was so inebriated she couldn't remember?
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Frank
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #407 - Oct 25th, 2022 at 8:04am
 
mothra wrote on Oct 25th, 2022 at 7:57am:
Belgarion wrote on Oct 25th, 2022 at 6:30am:
To sum up, on the balance of probability Higgins and Lehrmann had sex in the Ministers office. It's uncertain if this was consensual or not.  Given the behaviour of everyone involved there is no proof of rape that is beyond reasonable doubt. 



How could she give consent if she was so inebriated she couldn't remember?

Two different things.  She may have consented but doesn't remember now.


Anyway, I don't think anything actually happened.
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« Last Edit: Oct 25th, 2022 at 9:39am by Frank »  

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mothra
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #408 - Oct 25th, 2022 at 8:06am
 
Frank wrote on Oct 25th, 2022 at 8:04am:
mothra wrote on Oct 25th, 2022 at 7:57am:
Belgarion wrote on Oct 25th, 2022 at 6:30am:
To sum up, on the balance of probability Higgins and Lehrmann had sex in the Ministers office. It's uncertain if this was consensual or not.  Given the behaviour of everyone involved there is no proof of rape that is beyond reasonable doubt. 



How could she give consent if she was so inebriated she couldn't remember?

Two different thing. She may have consented but doesn't remember now.




If she was so inebriated that she cannot remember giving consent, in the eyes of the law, she did not give consent.

This really bugs you guys, huh.

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Aussie
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #409 - Oct 25th, 2022 at 9:12am
 
Grappler Truth Teller Feller wrote on Oct 24th, 2022 at 10:02pm:
Aussie wrote on Oct 24th, 2022 at 8:35pm:
Grappler....??????

Come on.  Where the fuq did you get that outrageous and false allegation from?


Sounds like I've hurt you, Aussie - I apologise.


If that apology is sincere, you will tell me where the fuqqing hell you got the idea that I had been disbarred.  I have never been disbarred, at all.  So...please explain why you posted that I had been.
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Grappler Truth Teller Feller
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #410 - Oct 25th, 2022 at 9:38am
 
Belgarion wrote on Oct 25th, 2022 at 6:30am:
To sum up, on the balance of probability Higgins and Lehrmann had sex in the Ministers office. It's uncertain if this was consensual or not.  Given the behaviour of everyone involved there is no proof of rape that is beyond reasonable doubt. 



It's just as probable he looked in on her snoring on the couch after doing his thing in his office and said -

"Stuff this - she's pissed and passed out ...I'm going home to the girlfriend... leave her to it ... she'll be all right ...."


Without conclusive evidence of sexual contact...
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“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”
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Grappler Truth Teller Feller
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #411 - Oct 25th, 2022 at 9:38am
 
mothra wrote on Oct 25th, 2022 at 7:57am:
Belgarion wrote on Oct 25th, 2022 at 6:30am:
To sum up, on the balance of probability Higgins and Lehrmann had sex in the Ministers office. It's uncertain if this was consensual or not.  Given the behaviour of everyone involved there is no proof of rape that is beyond reasonable doubt. 



How could she give consent if she was so inebriated she couldn't remember?


If she couldn't remember how did she know it happened?
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“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”
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Frank
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #412 - Oct 25th, 2022 at 9:42am
 
mothra wrote on Oct 25th, 2022 at 8:06am:
Frank wrote on Oct 25th, 2022 at 8:04am:
mothra wrote on Oct 25th, 2022 at 7:57am:
Belgarion wrote on Oct 25th, 2022 at 6:30am:
To sum up, on the balance of probability Higgins and Lehrmann had sex in the Ministers office. It's uncertain if this was consensual or not.  Given the behaviour of everyone involved there is no proof of rape that is beyond reasonable doubt. 



How could she give consent if she was so inebriated she couldn't remember?

Two different thing. She may have consented but doesn't remember now.




If she was so inebriated that she cannot remember giving consent, in the eyes of the law, she did not give consent.

This really bugs you guys, huh.



Crap.

Anyway. Nothing happened.
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Grappler Truth Teller Feller
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #413 - Oct 25th, 2022 at 10:26am
 
mothra wrote on Oct 25th, 2022 at 8:06am:
Frank wrote on Oct 25th, 2022 at 8:04am:
mothra wrote on Oct 25th, 2022 at 7:57am:
Belgarion wrote on Oct 25th, 2022 at 6:30am:
To sum up, on the balance of probability Higgins and Lehrmann had sex in the Ministers office. It's uncertain if this was consensual or not.  Given the behaviour of everyone involved there is no proof of rape that is beyond reasonable doubt. 



How could she give consent if she was so inebriated she couldn't remember?

Two different thing. She may have consented but doesn't remember now.




If she was so inebriated that she cannot remember giving consent, in the eyes of the law, she did not give consent.

This really bugs you guys, huh.




You raving again?  Please explain?
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“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”
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Captain Nemo
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #414 - Oct 25th, 2022 at 2:19pm
 
12 Angry Men people.  Undecided
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The 2025 election could be a shocker.
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #415 - Oct 25th, 2022 at 2:40pm
 
...and they cannot reach a verdict.

And the Judge is not having it yet.  Told them to keep deliberating.

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Frank
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #416 - Oct 25th, 2022 at 3:52pm
 
Justice McCallum said judges are usually reluctant to discharge a jury because experience has shown that juries can often agree if given more time to consider and discuss the issues.

“But if after calmly considering the evidence and listening to the opinions of other jurors, you cannot honestly agree with the conclusions of other jurors, you must give effect to your own view of the evidence,” she said.

“Each of you has taken an oath or affirmation to give a true verdict according to the evidence. And as I told you yesterday morning, that is ultimately the only expectation of you and it’s an important responsibility. You must fulfil it to the best of your ability.

“You each take into the jury room; your individual experience and wisdom and you’re expected to judge the evidence fairly and impartially in that light.

“You also have a duty to listen carefully and objectively to the views of each and every one of your fellow jurors. You are all equals in the jury room. You should calmly weigh up one another’s opinions about the evidence and test them by discussion.”

Justice McCallum said calm and objective discussion of the evidence “often leads to a better understanding of the differences of opinion which you may have, and may convince you that your original opinion was wrong”.

"That of course is not to suggest that you can consistently, with your oath or affirmation as a juror, join in a verdict if you do not honestly and genuinely think that it is the correct one,” she said.

“I remind you of the direction I gave you summing up that your verdict whether it be guilty or not guilty must be a unanimous one and your note reflects the fact that you understand that as all 12 of you must in the end agree upon that verdict.”

She said it does not matter “that you do not agree as to why that particular verdict should be given” and that jurors may take different paths to a unanimous decision.

“However, experience has shown that often juries are able to agree in the end if they are given more time to consider and discuss the evidence,” she said.

“For that reason, judges usually request juries to re-examine the matters on which they are in disagreement, and to make a further attempt to reach a verdict before they may be discharged.

“So, in the light of what I have already said, I asked you to retire, again, to see whether you can reach a verdict in this trial.”

Justice McCallum said she will not call the jury back to reconvene until she receives another message from them.

“Rather than call them back in at 4pm we should see where they land,” she concluded.Five minutes after being told to continue deliberating, the jury sent a note to the judge requesting to retire for the day.

Court reconvened at 3.40pm and Justice McCallum sent the jury home.

The eight women and four men will resume their deliberations at 10am tomorrow.
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #417 - Oct 25th, 2022 at 4:06pm
 
In tells ya.....you cannot give three/four entirely different explanations for being right at the scene of an alleged crime and right at the time it is alleged to have occurred and expect to be believed by all of 12 people who are deciding on your credibility.
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Johnnie
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #418 - Oct 25th, 2022 at 5:46pm
 
The lack of panties has Britts credibility in tatters.
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Frank
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #419 - Oct 25th, 2022 at 6:15pm
 
Aussie wrote on Oct 25th, 2022 at 4:06pm:
In tells ya.....you cannot give three/four entirely different explanations for being right at the scene of an alleged crime and right at the time it is alleged to have occurred and expect to be believed by all of 12 people who are deciding on your credibility.

I went to my office to have a nightcap.
And to collect my keys.
And to look over some notes while there for tomorrow.



GUILTY!!!!!!

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