Tuesday, April 8, 2003

Retrospective Laws: Mesmerised like a chook syndrome

What is it? This chook syndrome. Perhaps it is when we allow 800-year-old rule of law to diminish for a dictator like Bob Carr.

Abolition of 800 year old double jeopardy law a crime

The 800-year-old rule prevents a person who's acquitted of a criminal charge from ever being re-tried for that offense.

Or when we watch George Bush, England and Australia slaughter people in order to allegedly help them?

Human shield describes 'sickening' scenes

An Australian 'human shield' who has fled Iraq into neighbouring Jordan has described the sight of bombed out buildings and distraught Iraqis as "sickening".

Or when we pray at the fence post at Coogee and place flowers on the broken fence when someone pulls it down?

Or perhaps when we give our life savings to someone whom shovels it down the drain?

Or when recommendations from 100 million-dollar Royal Commission's are undermined.

Why do we swallow up the untruth's is it because someone has placed our head underneath our wing and just like a chook we go to sleep.

Right wing media has been active in bringing some of the alleged problems of double jeopardy to public attention, particularly in the case of Raymond John Carroll. Carroll was twice convicted of the murder of toddler Deidre Kennedy in 1973, but was successful in having his conviction overturned on appeal. In 1999, he was convicted of perjury, based on new forensic evidence, but the High Court ruled late last year that this conviction also should be set aside, as it breached the principle of double jeopardy. The Australian newspaper has argued that in the Carroll case, double jeopardy has worked against, not for, the delivery of justice.

It also has brought almost unimaginable suffering to Faye Kennedy, Deidre's mother, who must regularly confront Carroll in the streets of Ipswich. The Australian newspaper has offered Mrs Kennedy its financial support in any civil action she may now take against Carroll.

The Carr Government has cited the Kennedy case as one reason for double jeopardy reform. Mrs Kennedy said yesterday that the Carr announcement, and the Australian newspaper's support, had given her renewed hope.

But did it give her renewed hope, false hope, or renewed suffering?

Last night Bob Carr mercilessly ransacked this mother's grief on the ABC and once again brought unimaginable suffering to Faye Kennedy, Deidre's mother, who has to regularly confront the loss of Deidre when she died at 18 months and suffered again, during numerous trials and now on national television.

The Australian newspaper has argued that in the Carroll case, double jeopardy has worked against, not for, the delivery of justice. It also has brought almost unimaginable suffering to Faye Kennedy, Deidre's mother, who must regularly confront Carroll in the streets of Ipswich.

The NSW government plans to overturn double jeopardy, to allow those found not guilty of a crime to be tried again. ABC says the change will be retrospective, though it doesn't say how far back it will extend.

The New South Wales Government is planning to overturn an 800-year-old rule, which prevents someone being tried for a crime more than once. The double jeopardy rule means if a person is acquitted of a crime such as murder, they cannot be re-tried for the same offence, regardless of a confession or new evidence, including DNA. [DNA evidence can also be planted at a crime scene.]

The Premier Bob Carr says the change will apply to homicide and other offences carrying a maximum penalty of life in prison, and will be retrospective.

The SMH says the change is motivated by the increased use of DNA evidence, hinting that it could be used to re-try old murder cases. [But DNA evidence can be planted at a crime scene.]

Search this site for DNA: Updated 2009

Corrupt police planting DNA evidence at crime scenes

Others have raised concerns about corrupt police planting DNA evidence at crime scenes.

[Remember if he was and ex-prisoner they had his DNA so all the police had to do is plant it at the crime scene. But fortunately in NSW there are no corrupt Police?]

[You see DNA can be placed at a crime scene and tampered with.]

Military lawyers await probe on DNA tampering

The Army's Criminal Investigation Command said nearly 500 forensic test results from all services dating back 10 years are under review after one of its examiners allegedly faked results. About 119 of those cases pertain to the Navy and Marine Corps.

With DNA evidence now a vital part of police investigations, new light is shed constantly on criminal cases that once appeared clear-cut.

While the ancient double jeopardy rule remains in force, there can be no retrial after acquittal, regardless of how compelling the new evidence might be.

If Mr Carr is successful in his drive to have the rule abolished, the alteration would apply to murder, manslaughter and all offences carrying a maximum sentence of life imprisonment.

The Law Society has already spoken out against the plan.

Robert Benjamin from the NSW Law Society says removing the double jeopardy rule could lead to a never-ending cycle of trials. [And that means TRIAL BY MEDIA.]

"The concerns are that someone is acquitted and retried again and again, and it doesn't bring an end to it, the double jeopardy law has been in place for some years now and served us well," he said.

By Double Jeopardy 8 April 03

THE CHICKEN: Leave Faye Kennedy alone Bob Carr. The 800-year-old rule of law served you well and allowed nature to regain its consciousness.

Circumstantial evidence speaks for itself and it can hardly be seen or heard and then we have flawed circumstantial evidence. Better 10 men go free than to lock up a man that pleads not guilty when there is little evidence to prove otherwise.

If you look at the odds this man has faced to date to be free against numerous government forces and media conglomerates and if now the only way you can prove him guilty of something is to overturn an 800 year old rule of law, its like taking the bat and ball out of the cricket match and telling us you have gained something from the match.

And in reation to the federal constitution removing that law is a crime. So is retrospectivity.

The fact that you tried this man for perjury after he was aquitted of murder means the trial is already a lie within itself. Now you want the media gang to give it a shove that's the pits!

Unless we are mesmerised like a chook?


Innocent until proven guilty
Presumption of innocence. A hallowed principle of criminal law to the effect that the government has the burden of proving every element of a crime beyond a reasonable doubt and that the defendant has no burden to prove his innocence. It arises at the first stage of the criminal process but it is not a true presumption because the defendant is not required to come forward with proof of his innocence once evidence of guilt is introduced to avoid a directed verdict of guilty.

Civil Liberties Council slams NSW law and order fight
The Civil Liberties Council says the law and order fight in New South Wales is an indictment on both the major parties. Spokesman Cameron Murphy says the State is already one of the toughest in the area of criminal justice in the world. He says the tightening of bail laws will only add to the number of people in jail.

NSW A-G moves to stop criminals and ex-criminals selling stories
From next month criminals or ex-criminals who try to profit (earn a living for paid work, like writing a book etc..) from their crimes in New South Wales will have the proceeds confiscated.

The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.

Litigants are drowning: in the High Court
There were so many self represented litigants appearing in the High Court that more than half of its registry staff's time was taken up in dealing with them. The "go it alone" litigants have to take on tasks well above their qualified league causing them stress. This growing problem cannot be left unchecked.

Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has [allegedly] led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank.

Prisoners can prove innocence for $20?
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.

Mr. & Mrs. Mandatory Sentencing
Well congratulations to the bride and groom. Could you please be upstanding and raise your glasses for Mr. And Mrs. Mandatory.