Online: Lushy, John.R, steelo

Public comments v natural justice

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  • GGUser408
    GGUser408
    12 days ago
    Quoting Jay-Dee on 21 Jun 2022 05:09 AM

    It looks like Queen Wilkinson probably should have kept her mouth shut.

    https://www.abc.net.au/news/2022-06-21/act-bruce-lehrmann-granted-temporary-stay-delaying-trial/101170550

    Quoting paulybronco on 21 Jun 2022 05:19 AM

    And i think that's the fair thing under the circumstances. Perhaps others could learn from the judges comments.

    Earlier today, Chief Justice McCallum noted that some of the commentary had ignored the fact the trial had not yet been held.
    "What concerns me is that the distinction between allegation and guilt has been completely obliterated," she said.


    I'll give you a tip pb; when you do a 'çut and paste' from an article, put quotation marks at the beginning and the end of it.
    Then others will understand that the intelligent comments in your posts are not your's .

  • paulybronco
    paulybronco
    12 days ago
    Quoting Jay-Dee on 21 Jun 2022 05:09 AM

    It looks like Queen Wilkinson probably should have kept her mouth shut.

    https://www.abc.net.au/news/2022-06-21/act-bruce-lehrmann-granted-temporary-stay-delaying-trial/101170550

    Quoting paulybronco on 21 Jun 2022 05:19 AM

    And i think that's the fair thing under the circumstances. Perhaps others could learn from the judges comments.

    Earlier today, Chief Justice McCallum noted that some of the commentary had ignored the fact the trial had not yet been held.
    "What concerns me is that the distinction between allegation and guilt has been completely obliterated," she said.

    Quoting GGUser408 on 21 Jun 2022 07:06 AM


    I'll give you a tip pb; when you do a 'çut and paste' from an article, put quotation marks at the beginning and the end of it.
    Then others will understand that the intelligent comments in your posts are not your's .

    Unlike yourself, i care little what others think about me. You seem to be distracted from the topic ....again.
  • GGUser260
    GGUser260
    12 days ago
    Quoting paulybronco on 21 Jun 2022 02:08 AM

    The law does not explicitly state how sober a person needs to be in order to make an informed decision. It is up to a judge to decide if a complainant was too drunk to consent. A person could be intoxicated but yet a judge could determine that he or she still had the coherent capacity to consent, for example, by saying ‘yes’ to the sexual activity.

    Sexual assault cases are very complicated, especially in cases where the accused may not have realised how heavily intoxicated their partner was or if he or she truly believed the other party gave consent.
    Our legal system works on the presumption of innocence. Are we willing to lower our standard of proof?
    In Australia, situations in which a person can and cannot give consent differ depending on the State and Territory you are in

    Quoting GGUser408 on 21 Jun 2022 02:14 AM


    Yeah, I read that too pb.
    You need to learn how to use quotation marks, or are you claiming those words as your's ?

    Quoting paulybronco on 21 Jun 2022 03:01 AM

    There's no claim to anything. I will try to insert the quotation marks next time for you.

    Where would you like to insert them?
  • paulybronco
    paulybronco
    12 days ago
    Quoting GGUser408 on 21 Jun 2022 02:14 AM


    Yeah, I read that too pb.
    You need to learn how to use quotation marks, or are you claiming those words as your's ?

    Quoting paulybronco on 21 Jun 2022 03:01 AM

    There's no claim to anything. I will try to insert the quotation marks next time for you.

    Quoting GGUser260 on 21 Jun 2022 08:14 AM

    Where would you like to insert them?

    You saucy thing....lol
  • GGUser260
    GGUser260
    12 days ago
    Quoting paulybronco on 21 Jun 2022 05:19 AM

    And i think that's the fair thing under the circumstances. Perhaps others could learn from the judges comments.

    Earlier today, Chief Justice McCallum noted that some of the commentary had ignored the fact the trial had not yet been held.
    "What concerns me is that the distinction between allegation and guilt has been completely obliterated," she said.

    Quoting GGUser408 on 21 Jun 2022 07:06 AM


    I'll give you a tip pb; when you do a 'çut and paste' from an article, put quotation marks at the beginning and the end of it.
    Then others will understand that the intelligent comments in your posts are not your's .

    Quoting paulybronco on 21 Jun 2022 07:18 AM

    Unlike yourself, i care little what others think about me. You seem to be distracted from the topic ....again.

  • Jay-Dee
    Jay-Dee
    12 days ago
    Curiosity got the better of me so I watched the video of the Logies speech and wasn't surprised.

    Plenty of comments criticising Wilkinson. Others there and elsewhere suggesting that maybe this is a planned move because the case might not actually be all that strong in favour of the alleged victim and the current narrative might suffer as a result if she doesn't win.

    I wouldn't know personally, but the alleged rapist has never commented publicly as far as I know. Other than through their legal team denying any intercourse at all if memory serves me correctly.

  • GGUser408
    GGUser408
    12 days ago
    I found this

    " The trial of the man accused of raping Brittany Higgins will be delayed after his lawyers successfully pushed to postpone proceedings following Lisa Wilkinson’s Logies speech   
    Bruce Lehrmann, charged with sexual intercourse without consent, has pleaded not guilty to assaulting Ms Higgins at Parliament House in Canberra.
    Chief Justice Lucy McCallum told the ACT Supreme Court that recent media publicity had prejudged Lehrmann’s right to a fair trial.
    “The case has accordingly attracted a level of attention in the media … that, while not unprecedented, is certainly extreme,” the chief justice said on Tuesday.
    “Unfortunately the recent publicity in my view does change the landscape because of its immediacy, its intensity and its capacity to obliterate the important distinction between an allegation that remains untested at law and one that has been accepted by a jury giving a true verdict.”
    Chief Justice McCallum says while jurors can be given directions to mitigate prejudice, this case was different with Wilkinson being a key witness.
    She added she could not be satisfied any directions given to jurors during empanelment or after would avert such prejudice.
    “Delay has a corrosive effect on evidence. It’s expensive,” Chief Justice McCallum said.
    “(But) the overriding principle … is the requirement that the trial be fair.”
    The chief justice also read interview notes between Wilkinson and the Director of Public Prosecutions days before the Logie awards, where the journalist read aloud the first line of her prepared acceptance speech in case she won.
    DPP Shane Drumgold told Wilkinson he had no authority to edit the speech but revived publicity could lead to the defence launching a renewed stay application.
    Chief Justice McCallum added that the speech replayed on the Jonesy and Amanda radio show the next morning alongside comments made by the hosts were a “direct extrapolation of guilt” from Wilkinson’s remarks.
    Commentary following the speech “almost universally speculates the guilt of the accused”, she said.
    “The public at large has been given to believe guilt is established.”
    No date has been set for the trial, but Chief Justice McCallum says she wants the trial to be held this year, with an October listing likely providing enough time for publicity to dissipate.
    Chief Justice McCallum says injunctions against Wilkinson, The Project, Ms Higgins and the Jonesy and Amanda show would make an October date more viable given the suppressed publicity.
    Mr Drumgold told the court he’s minded to make such an injunction when the case returns to court.
    Lehrmann’s barrister Steve Whybrow launched the fresh stay application on Monday following Wilkinson’s Logies speech on Sunday night – where she thanked Ms Higgins for sharing her story – saying the statements could prejudice the trial.
    Mr Whybrow said a temporary stay was the only recourse to allow for a fair trial so “adverse publicity can dissipate”.
    In the application, Lehrmann said while he had no interest in delaying the trial, he wanted it to be fair.
    The Crown opposed the temporary stay, arguing the application did not outline a significant enough risk to the jury that couldn’t be overcome by orders made by the judge.
    “We accept there is a significant change but the application limited to what it is limited to does not give rise to a temporary stay,” Mr Drumgold told the court ahead of the decision.
    Both a permanent and temporary stay application were dismissed by Chief Justice McCallum in April, when she said she wasn’t persuaded directions given to the jury couldn’t alleviate concerns of prejudice against Lehrmann.
    Mr Drumgold argued the new application constituted “a re-agitation of that order”.
    But Chief Justice McCallum told the court there had been a significant change in the circumstances that would prejudice the trial since her first decision.

    The case will return to court for mention on Thursday. "

  • paulybronco
    paulybronco
    12 days ago
    What a mess! Regardless of the outcome of a trial Bruce Lehrmann will forever be labeled a rapist.
  • GGUser408
    GGUser408
    12 days ago
    Quoting paulybronco on 21 Jun 2022 10:28 PM

    What a mess! Regardless of the outcome of a trial Bruce Lehrmann will forever be labeled a rapist.


    You're a drama queen  pb . Doesn't seem to worry George Pell.
  • paulybronco
    paulybronco
    12 days ago
    Lisa's husband was subpoenaed to attend as a witness as well, the defence are going to look at his role in securing a book deal for Brittany Higgins.
  • paulybronco
    paulybronco
    11 days ago
    Quoting paulybronco on 21 Jun 2022 10:28 PM

    What a mess! Regardless of the outcome of a trial Bruce Lehrmann will forever be labeled a rapist.

    Quoting GGUser408 on 22 Jun 2022 03:20 AM


    You're a drama queen  pb . Doesn't seem to worry George Pell.

     Like Christian Porter as well, we will never know.
  • paulybronco
    paulybronco
    11 days ago
    Ha Ha the circus continues.....
    “Both Network 10 and Lisa Wilkinson take their legal obli­gations very seriously, including in the preparation and delivery of her speech given at the Logies event,” a spokeswoman said.
    “In light of the continuing proceedings, it would be inappropriate to comment further at this time."
  • Grease Monkey
    Grease Monkey
    10 days ago
    Read, they shittin themselves now 
  • paulybronco
    paulybronco
    10 days ago
    Quoting Grease Monkey on 23 Jun 2022 09:28 AM

    Read, they shittin themselves now 

    If they had taken their own advice they wouldn't have to be responsible for the delay.  
  • paulybronco
    paulybronco
    9 days ago
    You couldn't make this up....."A statement from Ten said some recent reporting on the TV host had been “inaccurate and unfair”, before making a mysterious claim that “there are significant facts that cannot be disclosed until after the trial has concluded”.
    “This reporting is now causing significant harm and we ask these organisations to cease this harassment to allow Lisa the best opportunity to give her evidence in court and to enable the trial to go ahead in a fair and timely manner,” a spokesperson for the network said.
    “We are closely monitoring all coverage of this issue and Lisa and Network 10 reserve their rights in respect of any future defamation claims.
    “Network 10 continues to fully support Lisa in her ongoing and full commitment to doing the right thing as a witness in the trial.”

    Poor love how she must be suffering.
  • GGUser408
    GGUser408
    9 days ago
    Should take her own advice
    this from August 2021

  • paulybronco
    paulybronco
    9 days ago
    Quoting GGUser408 on 24 Jun 2022 04:18 AM

    Should take her own advice
    this from August 2021

    Smoking gun evidence that she was aware of the implications of commenting. 
  • GGUser408
    GGUser408
    9 days ago
    Quoting GGUser408 on 24 Jun 2022 04:18 AM

    Should take her own advice
    this from August 2021

    Quoting paulybronco on 24 Jun 2022 04:24 AM

    Smoking gun evidence that she was aware of the implications of commenting. 


    Yes , she should be charged with contempt
  • paulybronco
    paulybronco
    9 days ago
    I agree but believe that as the Judge didn't make a suppression order, but sadly relied on the media to report in a professional and responsible manner she was not technically in contempt. Derryn Hinch was jailed for contempt after publicly naming a pedo priest, and revealing his past offences  while the trial was underway. 
  • paulybronco
    paulybronco
    9 days ago
    Quoting GGUser408 on 24 Jun 2022 04:18 AM

    Should take her own advice
    this from August 2021

    Quoting paulybronco on 24 Jun 2022 04:24 AM

    Smoking gun evidence that she was aware of the implications of commenting. 

    Quoting GGUser408 on 24 Jun 2022 04:30 AM


    Yes , she should be charged with contempt

    Oh sorry i just noticed you've forgotten to put a full stop after "contempt". 
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