http://www.crikey.com.au/2008/05/15/gassy-retrial-decision-corrects-judges-glaring-error/ now with extra source Tue, 24 Nov 2009 00:43:40 +1100 http://wordpress.org/?v=2.8.6 hourly 1 http://www.crikey.com.au/2008/05/15/gassy-retrial-decision-corrects-judges-glaring-error/#comment-6184 Rodger Davies Thu, 01 Jan 1970 10:00:00 +0000 #comment-6184 I am always surprised at at what we consider a fair trial. We will exclude evidence for all sorts of trivial reasons that have nothing to do with whether it might be true. Now a judge, a very experienced lawyer, who has heard all the evidence, is asked by the jury to give an opinion and does. This makes the trial unfair? Our judicial system is the bluntest of instruments. Let us try to find out the truth, please. We need to analyse the best way to determine the likelihood of guilt. We have a system designed in the middle ages to protect someone accused, by heresay, of stealing a loaf of bread from hanging. It is 2008. We can do better. I am always surprised at at what we consider a fair trial. We will exclude evidence for all sorts of trivial reasons that have nothing to do with whether it might be true. Now a judge, a very experienced lawyer, who has heard all the evidence, is asked by the jury to give an opinion and does. This makes the trial unfair? Our judicial system is the bluntest of instruments. Let us try to find out the truth, please. We need to analyse the best way to determine the likelihood of guilt. We have a system designed in the middle ages to protect someone accused, by heresay, of stealing a loaf of bread from hanging. It is 2008. We can do better.

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