chimera wrote on May 27
th, 2024 at 9:01pm:
Grappler seems to argue that when a judge is asked to decide facts, he's forbidden to embarrass (behead) people. This suggests Grapps is a Karen, poor man.
In a civil case of defamation he cannot judge on a criminal allegation - he may only determine whether or not defamation has occurred... from what I read, Wilkinson had a couple of defences - she didn't initially name him, and her blurb was granted editorial approval ... befehlen ist befehlen, no?
Bruce's case against her was that it was clear who was under discussion even though he was not named until after the story broke in mainstream media and names were bandied about like bids in an Abo discussion about past genocides and massacres against them or a feminist talkfest about how they were soooo oppressed by men etc......
All that judge had to do - and was entitled to do - was say that Bruce's case did not meet the standard for defamation - again - the judge had no right to comment on Bruce's guilt or innocence in the allegation of rape, since that was the province of another court - which abandoned that case, and rightly so given the lack of supported evidence.
God, some of you are easily confused by propagandists - even those of you who claim to be lawyers... in short, you must not buy into the idea that any individual can be made guilty simply because someone says they are.
There was a case many years ago where a man spent twelve years behind bars for a murder on the basis of what one of his camp mates - a woman who loved a drink - said when she was drunk - when she would start in on him saying that 'she knew he'd killed that bloke' ... when in fact he had been nowhere near the town where that occurred. It was just the drink speaking.... and when she repeated this to police who ignored all exculpatory evidence - it cost him twelve years of his life, the ruination of his mental health as a result, and the State of NSW something in the order of a million pounds or equivalent in today's money for the trials and compensation .... he still died too young in a boarding house in Sydney with shattered mental health....
You cannot - as a member of a civilisation governed by OUR law - and a judge or magistrate must not by our law - judge anyone on anything but the provable and proven facts.... a judge or magistrate must not express a personal opinion on guilt or innocence in a case not under his/her immediate jurisdiction, especially in a civil matter ... and even the idea that two persons of standing in the community saying the exact same thing was ... a lie.... something I installed in the NSW courts in 1984 by cross-examining three police officers who told the same story to a word. NO two witnesses ever see exactly the same thing.... that is a fundamental part of police training....
This is not remotely comparable with the Roberts-Smith thing where there were at least a number of independent witnesses offering different viewpoints.... and even then not one of those said he was actually present at the time of commission of any alleged crime by the complainant in that civil matter .... Tercius.... it's always some guy heard it from some guy who knew some guy ... or it's always he went around the corner and I heard shots.... later on the locals complained of a body..... who, in that climate, could as easily have been killed by a hostile tribal member or the Taliban on suspicion of being a 'traitor'... or it's a John Smith here who says he reckons he done it but wasn't even close at the time ...
Of course BR-S must be guilty - he upset a schoolboy by roasting him for not bringing necessary equipment to keep his light machine gun in action during a fire fight... similar to young Hastie, the fearless SAS Captain - who was shattered and quit after discovering that in order to ID a probable high value target, one of the troops he was controlling from the C&C bird high above, had removed the guy's hand for fingerprints. Many years ago as well I warned the SAS about recruiting standards.... especially the practice of recruiting of exceptional people straight from basic..... the British do not go near that for their regular Regiment...
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