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Poll Poll
Question: Will there be a conviction?

Yes    
  3 (14.3%)
No    
  17 (81.0%)
Not sure    
  1 (4.8%)




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 36322 times)
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #930 - Nov 7th, 2022 at 11:17am
 
Grappler Truth Teller Feller wrote on Nov 6th, 2022 at 5:50pm:
Anyway - no matter how hard Labor hiding behind skirts tries - there will be NO conviction on accusation and no woman will be handed preference in belief of story.... prove your case or don't bother wasting public time and money.

Sounds, from a few responses here, that we need a jury poll approach - where every juror is asked WHY they found the defendant guilty or not guilty.


Well, there ya go.  Maybe something this moron and I can agree on.  I am not sure what it ought to be exactly, but I do agree there should be some sort of surveillance on what juries get up to.
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #931 - Nov 7th, 2022 at 11:21am
 
For example.......just one case, but it is indicative I believe.

Client charged with dangerous driving causing death.

It was conceded to the extent it was never challenged that the deceased became a corpse because of the driving of my client.  That was ironclad, no doubt whatsoever.

The issue in hot dispute was whether their driving was dangerous.

Juries retires and comes back pretty quickly with a verdict of not guilty of dangerous driving causing death, but guilty of dangerous driving.

Go figure.
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Frank
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #932 - Nov 9th, 2022 at 7:59am
 
And as I’m on the topic of big court cases let me make a few passing remarks on the Bruce Lehrmann rape trial that recently saw the jury dismissed. I say nothing on the merits of the case because I believe strongly in the presumption of innocence and in fair trials for everyone. My observation is this, and I make it as a Canadian and British-trained lawyer. How can anyone get a fair trial when before it goes to trial the supposed victim gets invited to the Press Club; when the supposed victim is made a senior visiting fellow of an ANU women’s global leadership institute and is gushed over by Julia Gillard; when journalists win Logies taking sides; when (most disgracefully of all) the then prime minister Scott Morrison makes an apology to the supposed victim on the floor of Parliament? Seriously, public institutions in this country have been involved in taking sides in this matter and elevating credibility before a verdict and in direct conflict with the presumption of innocence. It’s been disgraceful. It would never have happened in Canada, not a chance (and that is with Justin Trudeau as PM and with an elite far more woke and left-wing than here). They, at least, still understand the presumption of innocence. And no one alleging rape would walk away unscathed from blowing up the plausibility of a future trial by making statements out of court of the sort we saw here.

Leave aside all views on the substance of this case. How can anyone with a straight face think the accused here can get a fair trial? Heck, I know Australia has moved away from sequestering juries but why didn’t they make an exception here and put them in a hotel with no internet till they got a verdict. That would certainly have happened in Canada with this sort of high-profile case and with so many temptations.

The one area that in my view our High Court has shown itself of late to be world class is big-ticket criminal law trials – think Pell, think Patel.

But really, it’s an embarrassment when an accused has to wait for the High Court of Australia to uphold the basic criminal procedural protections and the presumption of innocence.

[James Allan,  the Garrick Professor of Law at the University of Queensland]
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #933 - Nov 9th, 2022 at 8:09am
 
James Allen????? 

Gawd...the bloke knows SFA about criminal law, being more interested in constitutional law and pissing on a Bill of Rights.
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Frank
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #934 - Nov 9th, 2022 at 8:19am
 
Aussie wrote on Nov 9th, 2022 at 8:09am:
James Allen????? 

Gawd...the bloke knows SFA about criminal law, being more interested in constitutional law and pissing on a Bill of Rights.


And he said nothing on the details of the case, arsie,  but focused on the operation of the law - his expertise.

Taxi!!




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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #935 - Nov 9th, 2022 at 8:27am
 
Frank wrote on Nov 9th, 2022 at 8:19am:
Aussie wrote on Nov 9th, 2022 at 8:09am:
James Allen????? 

Gawd...the bloke knows SFA about criminal law, being more interested in constitutional law and pissing on a Bill of Rights.


And he said nothing on the details of the case, arsie,  but focused on the operation of the law - his expertise.

Taxi!!






His expertise is NOT criminal law, you moron.
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #936 - Nov 9th, 2022 at 5:49pm
 
Aussie wrote on Nov 7th, 2022 at 11:17am:
Grappler Truth Teller Feller wrote on Nov 6th, 2022 at 5:50pm:
Anyway - no matter how hard Labor hiding behind skirts tries - there will be NO conviction on accusation and no woman will be handed preference in belief of story.... prove your case or don't bother wasting public time and money.

Sounds, from a few responses here, that we need a jury poll approach - where every juror is asked WHY they found the defendant guilty or not guilty.


Well, there ya go.  Maybe something this moron and I can agree on.  I am not sure what it ought to be exactly, but I do agree there should be some sort of surveillance on what juries get up to.


Now, now - you're getting above yourself... so you agree that a story cannot purely be accepted on face value alone, and that means you now withdraw your conclusion of guilt?

Easy - simply ask them on what basis they found their verdict.....

Juror 11:- He looks such a sweet boy.

Juror 12:- He dresses nicely and has clean fingernails. 

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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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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #937 - Nov 9th, 2022 at 7:54pm
 
Aussie wrote on Nov 9th, 2022 at 8:27am:
Frank wrote on Nov 9th, 2022 at 8:19am:
Aussie wrote on Nov 9th, 2022 at 8:09am:
James Allen????? 

Gawd...the bloke knows SFA about criminal law, being more interested in constitutional law and pissing on a Bill of Rights.


And he said nothing on the details of the case, arsie,  but focused on the operation of the law - his expertise.

Taxi!!



His expertise is NOT criminal law, you moron.


And so he said NOTHING on the details of the case, only on the operation of the law.

Your pretending to be a lawyer is laughable, arsie. Ludicrious.

Taxi!!!!

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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #938 - Nov 9th, 2022 at 8:07pm
 
Aussie wrote on Nov 9th, 2022 at 8:09am:
James Allen????? 

Gawd...the bloke knows SFA about criminal law, being more interested in constitutional law and pissing on a Bill of Rights.


Ahem - that's what it's all about - the rights of the defendant...

As the judge said when releasing 'Hurricane' Carter and being criticised that it was on a technicality .......

"Yes - that technicality is the United State Constitution!"
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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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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #939 - Nov 9th, 2022 at 8:09pm
 
Frank wrote on Nov 9th, 2022 at 8:19am:
Aussie wrote on Nov 9th, 2022 at 8:09am:
James Allen????? 

Gawd...the bloke knows SFA about criminal law, being more interested in constitutional law and pissing on a Bill of Rights.


And he said nothing on the details of the case, arsie,  but focused on the operation of the law - his expertise.

Taxi!!






Don't trust your soul to no backwoods Northern lawyer... that's the night when the lights went out in Queensland.... that's the time they hung an innocent man......

Uber!!
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« Last Edit: Nov 9th, 2022 at 10:48pm by Grappler Truth Teller Feller »  

“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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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #940 - Nov 9th, 2022 at 8:10pm
 
Aussie wrote on Nov 9th, 2022 at 8:27am:
Frank wrote on Nov 9th, 2022 at 8:19am:
Aussie wrote on Nov 9th, 2022 at 8:09am:
James Allen????? 

Gawd...the bloke knows SFA about criminal law, being more interested in constitutional law and pissing on a Bill of Rights.


And he said nothing on the details of the case, arsie,  but focused on the operation of the law - his expertise.

Taxi!!






His expertise is NOT criminal law, you moron.



Ooooh - stroppy tonight, are we?  Throwing that M word around with gay abandon.....
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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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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #941 - Nov 9th, 2022 at 9:33pm
 
Aussie wrote on Nov 9th, 2022 at 8:27am:
Frank wrote on Nov 9th, 2022 at 8:19am:
Aussie wrote on Nov 9th, 2022 at 8:09am:
James Allen????? 

Gawd...the bloke knows SFA about criminal law, being more interested in constitutional law and pissing on a Bill of Rights.


And he said nothing on the details of the case, arsie,  but focused on the operation of the law - his expertise.

Taxi!!






His expertise is NOT criminal law, you moron.

Nor is it yours, arse.
Your expertise is in being an arse.



Taxi!!

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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #942 - Nov 9th, 2022 at 10:10pm
 
I've not read back but I thought I'd drop by to ask a few questions which have been bugging me for a few days now.

How the frack is the accused expected to get a fair trial given the high publicity surrounding these proceedings?

And the matter of precedent keeps bugging me too. Essentially this is what we have here : Let's be totally honest about this for a moment. There is no actual evidence. And that's a pretty big problem too. The guy has completely denied everything ie there was no sexual contact whatsoever. Meantime the alleged victim is stating something completely different. Mind you she remained silent and waited some time before bringing her allegations before the law. And now she has no issue with stating (under oath even) that notwithstanding the fact that she was essentially seriously drunk as a skunk (CCT footage proved she had over 11 drinks that night) she now remembers everything about a rape which took place under those pissed as a parrot circumstances.

The presumption of innocence is another thing that bugs me about this matter right now. In particular...WTF is it? Right after an entire jury was dismissed in this high profile/very public trial ... for bringing in additional material regarding rape cases to try and understand why they couldn't reach a verdict  ... what happened straight afterwards??? Brittany's public relations team hit the floor running and organised press conferences with Brittany and the media throwing her into the spotlight TO THANK notable people for their support ffs! It's as if the matter had been heard/decided/finalised/dealt with! It's farkkking not! She and her public relations team should be facing charges for sub judice contempt IMO!

Which brings me to those idiots professing to be lawyers who are currently sitting comfortably in the DPP. THESE public servants ought to be sacked for wasting our taxes over a matter which they should have assessed from the get go as being VERY problematic AND difficult to win.

This fiasco over an alleged penis allegedly entering an alleged vagina will end up costing the taxpayer well over $10 million.

Meantime ... our aged care sector is bankrupt and our state health system is in crisis. 🥺😐☹️





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« Last Edit: Nov 9th, 2022 at 10:23pm by Lisa Jones »  

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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #943 - Nov 9th, 2022 at 10:47pm
 
Correct, Lisa.

I believe I've stated without fear of contradiction that my cousin's husband is a retired Deputy Commonwealth DPP... .. as far as I know he only ever appeared in court once in a terrorism trial.... a shot duck anyway.... and my direct experience of them is that they would not know a fact if it hit them in the face and fell wide open on their desk...

I would suggest that it is the same with the ACT lot...

Clearly this entire case is about placating and appeasing the baying pack outside the doors of the court and legal system... and to fit in with the demand that women as accuser must be believed over everything else...

This is PRECISELY what I warned the 'Law Reform Commission of NSW' would happen once they opened the gates by permitting any court to impose sanctions on any individual regardless of facts and without commission of a provable wrong....... that issue was 'domestic violence laws' based on interviews with bashed women in remote Aboriginal communities and then translated into a draconian set of 'laws' against all men.....

Once that djinn was out of the bottle, it became a matter of time before EVERY complaint by a woman demanded that it be treated in the same way regardless of provable facts... which is a clear contravention of the rules of OUR law and must not be permitted to pass.

Young Brittany has been cast as the Joan of Arc in the 'struggle' for women to demand and impose THEIR version of events in everything in this culture/nation/society.... the feminist nightmare come true.

It MUST be opposed at every stop and prevented from ever seeing the light of day, especially when it is simply to appease the baying pack....

Nah then - about that 'wage gap' bullsh
i
t .... women per hour actually worked average $58.02 per hour, men per hour actually worked average $54.17 per hour.

WTF you say?  ....... 'wage gap against women'?  Go pull the other leg....

I'm hearing you...
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Re: Trial of Brittany Higgins's alleged rapist begins
Reply #944 - Nov 10th, 2022 at 12:21am
 
Lisa Jones wrote on Nov 9th, 2022 at 10:10pm:
This fiasco over an alleged penis allegedly entering an alleged vagina will end up costing the taxpayer well over $10 million.

Meantime ... our aged care sector is bankrupt and our state health system is in crisis. 🥺😐☹️


I would be certain that the accused has a penis. And the complainant has a vagina. Nothing alleged about it. And it won't cost taxpayers $10 million for either of them to dismiss any rumours about their genitalia.
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