Comments on: Justice in the balance … bank balance, that is http://www.crikey.com.au/2009/09/22/courts-justice-in-the-balance-bank-balance-that-is/ now with extra source Sun, 12 Feb 2012 02:48:10 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Tom McLoughlin http://www.crikey.com.au/2009/09/22/courts-justice-in-the-balance-bank-balance-that-is/#comment-38432 Tom McLoughlin Tue, 22 Sep 2009 22:17:08 +0000 http://www.crikey.com.au/2009/09/22/courts-justice-in-the-balance-bank-balance-that-is/#comment-38432 I suppose it depends on the honesty and motives of the legal practitioners to some degree. I did some prep on a small criminal matter, wrote to the police command at Redfern and said hey this is rubbish, you should save your time and money and drop this charge. In fact the subtext was, we know your people over reached, possibly breached the police handbook and have ulterior motives for the prosecution. For diplomacy I left that out. No dice. Barrister took up the matter as I still can't get a full ticket, despite admission in 1990 (!), liked my prep, magistrate threw the case out after a day wasted in court - for all concerned. Those police are lucky not be having a date with the PIC. It was all about my guy using his camera phone to film an arrest, not disrupting anything or anyone, just being a citizen journalist. Indeed as exhorted by ... NSW police chiefs only not in respect of their own officers. Some time later News Corp SDT ran a story that police were selling filming rights to a reality show. Uh oh, follow the money trail. I suppose it depends on the honesty and motives of the legal practitioners to some degree. I did some prep on a small criminal matter, wrote to the police command at Redfern and said hey this is rubbish, you should save your time and money and drop this charge. In fact the subtext was, we know your people over reached, possibly breached the police handbook and have ulterior motives for the prosecution. For diplomacy I left that out.

No dice. Barrister took up the matter as I still can’t get a full ticket, despite admission in 1990 (!), liked my prep, magistrate threw the case out after a day wasted in court - for all concerned. Those police are lucky not be having a date with the PIC.

It was all about my guy using his camera phone to film an arrest, not disrupting anything or anyone, just being a citizen journalist. Indeed as exhorted by … NSW police chiefs only not in respect of their own officers. Some time later News Corp SDT ran a story that police were selling filming rights to a reality show. Uh oh, follow the money trail.

]]> By: bakerboy http://www.crikey.com.au/2009/09/22/courts-justice-in-the-balance-bank-balance-that-is/#comment-38384 bakerboy Tue, 22 Sep 2009 08:13:24 +0000 http://www.crikey.com.au/2009/09/22/courts-justice-in-the-balance-bank-balance-that-is/#comment-38384 We have to get rid of the adversarial system of law. It is of course being reduced in family law and some commercial matters through mediation, but we need to do it in criminal law as well. A move towards the European inquisitorial system is worth considering. As I understand it, in that system, a magistrate oversees the police investigation to some degree then sits down with both parties to look at the facts. If it's clear cut, do a deal and get out of there. Only major crimes should need to go to lengthy trials, the jury system is not infallible either. Alex We have to get rid of the adversarial system of law. It is of course being reduced in family law and some commercial matters through mediation, but we need to do it in criminal law as well. A move towards the European inquisitorial system is worth considering. As I understand it, in that system, a magistrate oversees the police investigation to some degree then sits down with both parties to look at the facts. If it’s clear cut, do a deal and get out of there. Only major crimes should need to go to lengthy trials, the jury system is not infallible either. Alex

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