Crikey Says

Dec 13, 2012

Crikey says: media manipulation and justice

Many stand accused after the Peter Slipper verdict yesterday -- including a lawyer with form on beating up cases. Glenn Stevens flags a new threat to the economy. Lord Leveson in Australia: why he might not have bothered. And will Australian police arrest the Sea Shepherd captain?

“A lawyer cannot open a case in court by making statements that may have ruinous consequences to the person attacked that the lawyer cannot substantiate or justify by evidence. Similarly, a lawyer cannot plead such statements and assert that they are supported by sworn or affirmed evidence, when he or she does not have a reasonable basis for making such an assertion.”

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2 thoughts on “Crikey says: media manipulation and justice

  1. Gavin Moodie

    I agree that this is very bad practice. It is also too common. A former high court judge got very close to a similar practice. Judges, law societies and bar associations need to crack down on it.

  2. secondsoprano

    There are clear rules about how lawyers are to behave. When they attempt to win a case by breaching those rules, the case is thrown out and the lawyer is hauled before the Law Society on a misconduct investigation. The attempt to manipulate justice was comprehensively foiled by the justice system.

    How do you justify a claim that it is “time to examine the legal fraternity and the tactics they use to manipulate justice” when the system is clearly doing exactly what it is designed to do?

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