Melbourne Protest Rally

Discussion in 'Australian Motorcycles' started by Brad Jayakody, Nov 2, 2004.

  1. Brad Jayakody

    Moike Guest

    So the solution is to get rid of the good lawyers in the interests of a
    'level playing field'?

    Moike
     
    Moike, Nov 4, 2004
    #21
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  2. Brad Jayakody

    SmeeR11S Guest

    Nope
    Change the legal system so we onl have good lawyers not blood sucking
    parasites.
    Make the legal system affordable somehow.
    We are supposed to be a just society where all are equal in the eyes of
    the law but some are more equal than others according to their bank balance.
    Its not a system I am comfortable with.
    *but then again I'm not comfortable with our mindset wehn it comes to
    voting incumbents who would rather wage war on foreign soil rather than
    look at out own backyard.*

    That greek assport is looking batter all the time.
     
    SmeeR11S, Nov 4, 2004
    #22
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  3. Brad Jayakody

    Moike Guest

    So you think letting her continue to get to work, (but not drive
    anywhere else) presents a real risk to society?
    Bail. It's a temporary holding position pending a thing we call a
    "trial". It's not the final outcome.
    So you prefer a legal regime where there are absolute consequences and
    magistrates have no leway at all? I suppose an automated system would
    be a little cheaper to run, but then you end up with shit like the NT's
    mandatory sentencing.

    Do you trust our legislators to come up with laws that can be applied
    rigorously in every case, without exception, and without taking any
    circumstances into account?
    Precisely. And if punishment is found to be needed, it will be applied.
    If that punishment is inadequate, then you, the victim's family and
    everyone else with an interest would be justified in kicking up a stink.
    So you were ther at the bail hearing? You have taken the trouble to
    know all the circumstances?

    What is the flaw in the system that needs such urgent fixing? Can you
    come up with an alternative that would not (ever) put innocent people's
    life or liberty at risk?
    a wise move. I suspect she has had excellent legal advice.
    so why is your knee jerking so wildly?
    What is the purpose of bail?

    In what way did the Magistrates decision subvert that purpose?
     
    Moike, Nov 4, 2004
    #23
  4. Brad Jayakody

    SmeeR11S Guest

    He allowed her to continue driving after she admitted to and was found
    to be intoxicated and killing someone.
    As the sister of the victim said "she still has her rights, what rights
    did my brother have?"

    Lets agree to disagree.
    My knee aint jerking either.
     
    SmeeR11S, Nov 4, 2004
    #24
  5. Brad Jayakody

    IK Guest

    Has this now become a more general rant, Smee?

    In the case at hand, seeing how the accused only holds a part-time job and
    lives in Mill Park, which I understand to be a cookie-cutter suburb on the
    extreme northern fringe of Melbourne, it's pretty bloody unlikely that her
    lawyer would be one of the ones who charge a WRX for a court appearance...
    You might want to look into just how the French justice system works, Smee.
    The widespread spying on the populace, extended detention without charge and
    active official undermining of the defence in select case which we hold up
    as evidence of the US having finally lost the plot as a country... that
    stuff's been a part of civil life in France since before the Revolution...
     
    IK, Nov 4, 2004
    #25
  6. Brad Jayakody

    Moike Guest


    I agree that the legal aid budget is woefully inadequate.

    The ongoing education requirements for lawyers are fairly extensive (but
    not comprehensive). That could be improved.

    OK, come up with a means of eliminating all but the best lawyers, and
    then find the funding that will make them available to all.

    THEN...
    to ensure we get only good lawyers/doctors/policemen/etc, lets get rid
    of all but the best teachers, and make it illegal for poeple to send
    their kids to private schools. That would work. It couldn't cost that
    much....

    Depressing times. Still, it's kind of reassuring to know that the
    septics are no more intelligent than us when it comes to assessing their
    'leaders'.
    So, how does one apply?

    Argentina might be easier. I understand that visas are easy to get, can
    be extended without limit, and citizenship is automatic after 5 years.
    They don't even have mandatory detention of refugees!

    Moike
     
    Moike, Nov 4, 2004
    #26
  7. Brad Jayakody

    Moike Guest


    I notice you snipped the line that asked "What is the purpose of bail?"

    That way you can reply to the next question without addressing it.

    Maybe you should have a chat with the legal studies teacher.

    That line about "she has her rights, what rights did my brother have" is
    nicely emotive, but totally irrelevant to the purpose of bail.

    Of course, it would be meaningful if you were looking at bail as a means
    of retribution. But you said you weren't........

    That knee of yours is leaping up and down so fast I can feel the
    vibrations in Footscray.

    I think it's good that you have an emotional reaction to all this, but
    you should not let it cloud your reason.

    That sort of response is what got George W back.

    Moike
     
    Moike, Nov 4, 2004
    #27
  8. Brad Jayakody

    IK Guest

    Yeah, but the only lumpy bits, where the twisty roads will be, are right on
    the other side of the country from all the population centres.

    Truth be told, since the election, I've actually gone one better than Smee
    and renewed my Croatian passport.
     
    IK, Nov 4, 2004
    #28
  9. Brad Jayakody

    SmeeR11S Guest

    Having Greek Parentage All I have to do is approach the Greek consulate
    and fill out the appropriate forms, pay the appropriate manies and wait
    the selected time required.
    Even though I was born here Apparently under Greek law five generations
    of foreign born greek heritage is good enough.
    Good thing about it is then you have free membership into the European
    community. (A bit saner than the seppos and Howard at the minute.)
     
    SmeeR11S, Nov 4, 2004
    #29
  10. Brad Jayakody

    SmeeR11S Guest


    I don't know about you but I'm not one for being reamed up the arse
    (despite what people may think:p) and have to accept a corrupt system
    like yourself.
    I don't accept it and will voice an opinion.
    Don't like it fine?
    I'm not asking you to change yours.
    Don't ask me to change mine or try and convince me otherwise.
    I don't play your games Paul I'll leave that to Kimbo and other soft
    touches.
     
    SmeeR11S, Nov 4, 2004
    #30
  11. Brad Jayakody

    SmeeR11S Guest


    Don't count me as part of that lynch mob mentality please or I'll have
    5000 of my friends around your place knocking on your door:p




    Always the cold calculated paulh without the suds.
     
    SmeeR11S, Nov 4, 2004
    #31
  12. Brad Jayakody

    SmeeR11S Guest

    nitpick all you want Paul
    You are not going to change my mind.
     
    SmeeR11S, Nov 4, 2004
    #32
  13. Brad Jayakody

    Nev.. Guest

    The current system in Victoria works in such a way that the registered owner
    of any vehicle which travels past a speed cameras at 86kph in a 60kph zone and
    who cannot identify the driver who committed the offence shall have their
    licence suspended and shall not be allowed to drive anywhere, including to
    work. As I understand it there are no "driving to work" exemptions for people
    (eg tradesmen) who need a licence to earn an income, as there were in the old
    days.

    In contrast doesn't it seem quite extraordinary to grant an exemption to
    someone who has apparently admitted to drink driving and against whom there
    appears to be substantial evidence to suggest that another road user died as a
    result of that drink driving?

    Nev..
    '03 ZX12R
     
    Nev.., Nov 4, 2004
    #33
  14. Brad Jayakody

    SmeeR11S Guest

    don't forget to use "alleged " or else paulh will nitpick you to boredom
     
    SmeeR11S, Nov 4, 2004
    #34
  15. Brad Jayakody

    Moike Guest

    My understanding is that in the circumstances you set out, the
    registered owner would have the option of having the matter heard before
    the courts. On the spot fines are not summary judgement. They simply
    allow a simplified process where the allegation is uncontested.

    However, on the assumption that you are right, and without prejuice....

    I find it quite extraordinary that we would put up with a legislature
    that thinks it is so faultless that it can make blanket penalties with
    no form of appeal. The lack of any recourse violates the fundamental
    legal/ethical principle of due process. Fortunately, it seems that the
    draconian victorian speeding laws are one of the few instances of such
    legislative abuse.

    Your solution to this problem is to have such an inflexible approach in
    all instances where a penalty might apply.

    I disagree.

    I believe that there should always be some room for circumstances to be
    taken into account. If that means that on some occasions a guilty party
    wriggles out of it, then so be it. That's better than a system that
    inflicts unreasonable punishment on the innocent.

    It's kind of like the "beyond reasonable doubt" thing that allows some
    guilty parties to get off but minimises the risk that the innocent will
    be wrongly punished.

    Your way *is* simpler. It would probably be easier for the US
    electorate to understand.....


    Moike
     
    Moike, Nov 4, 2004
    #35
  16. Brad Jayakody

    Moike Guest

    There is a huge difference between nit picking and expecting you to use
    your brain.

    You say it isn't about punishment, then rave on about the effect on the
    victim's family.

    Just try to answer this one question.

    What did the magistrate do that violated the purposes of granting bail?

    But first, check with your legal studies colleague about the meaning and
    intention of bail.

    Hint:
    It has nothing to do with victim impact.
    It has nothing to do with punishment.
    It has nothing to do with retribution.
    It has nothing to do with 'fairness'.


    Moike
    (please tell me you don't teach comprehension)
     
    Moike, Nov 4, 2004
    #36
  17. Brad Jayakody

    mE Guest

    You do need to pay for justice unfortuantly. My brother had to go to court
    and it was surprising watching the other people with the Legal Aid
    solicitors compared to the ones with the "better paid" solicitors. My
    brother and another guy had similar charges but he didn't fair as well as my
    brother did.

    (I think it didn't help the other guy that he rocked up in a d12 jumper and
    my bro was wearing a suit)
     
    mE, Nov 4, 2004
    #37
  18. <snip everything>

    Beer fellas?
     
    Pisshead Pete, Nov 4, 2004
    #38
  19. Brad Jayakody

    manson Guest

    I would like to see justice done.
    The legal system has very little to do with justice.

    regards,
    CrazyCam
     
    manson, Nov 4, 2004
    #39
  20. Brad Jayakody

    Moike Guest

    Not now, I have to keep working on Smee or we'll lose him.....

    Moike
     
    Moike, Nov 4, 2004
    #40
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