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Moorabbin Man wrote:FOR ALL OF YOU STRICKEN BY NAIVETY, and I mean those on this forum that say there must be something to this because it's in the media or even more absurdly, because the police have charged him (after 9 years with no new evidence!). Wake up!
A lawyer of Phillip Dunn QC's stature and reputation would not run abuse of process in a rape matter unless there was good cause to do so. Also, this is unbelievable:
(From The Age) "Mr Dunn then raised the issue of a subpoena Mr Milne’s defence team had issued to Radio 3AW and talkback host Neil Mitchell demanding they hand over the tape of an interview he had with the alleged victim and her mother on May 17, 2004.
Mr Dunn said the tape was important to the case because the alleged victim’s story had varied from time to time and her mother did not provide a statement to police until last year.
Mr Mitchell told listeners on Friday he had agreed not to broadcast the interview, which has never been aired, unless they approved or the alleged victim spoke to another media outlet.
Lawyers for 3AW and Mr Mitchell told the court they were claiming legal professional privilege and would not release the tape to Mr Dunn".
WTF is 3AW and Neil Mitchell's story? Privilege? bulls***, you're not the complainant's lawyers, what have you f**kin' got to hide???? Neil Mitchell always has been a whinging f**kin' grub. Are we supposed to accept that a deal 3AW did with the girl and mother, overrides the need for justice and truth. The pathetic scoundrels.
If 3AW refuse to hand the tape over, then the matter should be dismissed immediately.
I am yet to hear from Stinger but perhaps you might advise as to whether your opinion is informed by legal qualifications and experience as a practitioner?
Moorabbin Man wrote:FOR ALL OF YOU STRICKEN BY NAIVETY, and I mean those on this forum that say there must be something to this because it's in the media or even more absurdly, because the police have charged him (after 9 years with no new evidence!). Wake up!
A lawyer of Phillip Dunn QC's stature and reputation would not run abuse of process in a rape matter unless there was good cause to do so. Also, this is unbelievable:
(From The Age) "Mr Dunn then raised the issue of a subpoena Mr Milne’s defence team had issued to Radio 3AW and talkback host Neil Mitchell demanding they hand over the tape of an interview he had with the alleged victim and her mother on May 17, 2004.
Mr Dunn said the tape was important to the case because the alleged victim’s story had varied from time to time and her mother did not provide a statement to police until last year.
Mr Mitchell told listeners on Friday he had agreed not to broadcast the interview, which has never been aired, unless they approved or the alleged victim spoke to another media outlet.
Lawyers for 3AW and Mr Mitchell told the court they were claiming legal professional privilege and would not release the tape to Mr Dunn".
WTF is 3AW and Neil Mitchell's story? Privilege? bulls***, you're not the complainant's lawyers, what have you f**kin' got to hide???? Neil Mitchell always has been a whinging f**kin' grub. Are we supposed to accept that a deal 3AW did with the girl and mother, overrides the need for justice and truth. The pathetic scoundrels.
If 3AW refuse to hand the tape over, then the matter should be dismissed immediately.
I am yet to hear from Stinger but perhaps you might advise as to whether your opinion is informed by legal qualifications and experience as a practitioner?
Well you don't need to be a legal practitioner to wonder why 3AW will not voluntarily hand over the tape and to understand the concept of privilege.
Moorabbin Man wrote:FOR ALL OF YOU STRICKEN BY NAIVETY, and I mean those on this forum that say there must be something to this because it's in the media or even more absurdly, because the police have charged him (after 9 years with no new evidence!). Wake up!
A lawyer of Phillip Dunn QC's stature and reputation would not run abuse of process in a rape matter unless there was good cause to do so. Also, this is unbelievable:
(From The Age) "Mr Dunn then raised the issue of a subpoena Mr Milne’s defence team had issued to Radio 3AW and talkback host Neil Mitchell demanding they hand over the tape of an interview he had with the alleged victim and her mother on May 17, 2004.
Mr Dunn said the tape was important to the case because the alleged victim’s story had varied from time to time and her mother did not provide a statement to police until last year.
Mr Mitchell told listeners on Friday he had agreed not to broadcast the interview, which has never been aired, unless they approved or the alleged victim spoke to another media outlet.
Lawyers for 3AW and Mr Mitchell told the court they were claiming legal professional privilege and would not release the tape to Mr Dunn".
WTF is 3AW and Neil Mitchell's story? Privilege? bulls***, you're not the complainant's lawyers, what have you f**kin' got to hide???? Neil Mitchell always has been a whinging f**kin' grub. Are we supposed to accept that a deal 3AW did with the girl and mother, overrides the need for justice and truth. The pathetic scoundrels.
If 3AW refuse to hand the tape over, then the matter should be dismissed immediately.
I am yet to hear from Stinger but perhaps you might advise as to whether your opinion is informed by legal qualifications and experience as a practitioner?
Well you don't need to be a legal practitioner to wonder why 3AW will not voluntarily hand over the tape and to understand the concept of privilege.
I tend to agree, however it was your comment concerning the propensity of defence counsel to run abuse of process arguments that led to my query.
mr six o'clock wrote:I thought that today would be the start of it !
What a waste of taxpayers money
Go to court
come back in 2 months
go to court
come back in 2 months
go to court
come back in ? months
long way to go yet mate......probably list the matter prior to the nov hearing to try and get the charges struck out....
Same question - are you a lawyer?
Probably not but what about that (they don't have to be to comment)? Its a well known fact that cases are not regularly finalised within a few months.
Midfield clearances and clear winners are needed to make an effective forward line.
You need to protect the ball handler to increase posession efficiency
stinger wrote:
long way to go yet mate......probably list the matter prior to the nov hearing to try and get the charges struck out....
Same question - are you a lawyer?
Probably not but what about that (they don't have to be to comment)? Its a well known fact that cases are not regularly finalised within a few months.
I'm not sure that I completely understand your post. It seems you might be suggesting that I was intimating that only lawyers should comment on legal matters. I wasn't. However I do think that other forum members might be assisted in assessing how much credence to attach to commentary on legal matters by knowing whether the person expressing the opinion has any legal qualifications.
If the entire case is predicated on the fact she had sex with Montagna then went into another room and had a chat then sex with Milne but thought he was Montagna then it shouldn't have made it this far.
Complete waste of time and money. Not to mention the destruction of a man's reputation
BANG BANG
Mitsuharu Misawa 1962 - 2009.
I am vengeance....I am the night...I....AM.....BATMAN
I have come here to chew bubblegum and kick ass and im all out of bubblegum
Hurricane wrote:If the entire case is predicated on the fact she had sex with Montagna then went into another room and had a chat then sex with Milne but thought he was Montagna then it shouldn't have made it this far.
Complete waste of time and money. Not to mention the destruction of a man's reputation
St DAC wrote:It's not necessarily a question of who is lying, or not. It's just difficult to see how there is not a truckload of reasonable doubt.
Missing evidence, conflicting statements, he said/she said ...
Seems pretty messy from the cheap seats at least.
I agree. rape is one of the hardest things to prove. There are misunderstandings and many other factors. i would suggest if the girl still wants to continue to she thinks Milney is guity of something but i also know Milney thinks its a complete misunderstanding. I dont think it will go anywhere.
And memories aren't as clear 9 years later, particularly if there was booze involved. So I also don't think it will end up going anywahere, and if it doesn't, you'd have to question the motives of those who brought the charges on this time. It always seemd to me to be a big ask to convict on the evidence as it was publically discissed at least.
All of which says nothing about the guilt of otherwise of Milne.
St DAC wrote:And memories aren't as clear 9 years later, particularly if there was booze involved. So I also don't think it will end up going anywahere, and if it doesn't, you'd have to question the motives of those who brought the charges on this time. It always seemd to me to be a big ask to convict on the evidence as it was publically discissed at least.
All of which says nothing about the guilt of otherwise of Milne.
....and there lies the problem - that doubt will always taint Milney's legacy.
Tough situation all round.
TFD
St DAC wrote:And memories aren't as clear 9 years later, particularly if there was booze involved. So I also don't think it will end up going anywahere, and if it doesn't, you'd have to question the motives of those who brought the charges on this time. It always seemd to me to be a big ask to convict on the evidence as it was publically discissed at least.
All of which says nothing about the guilt of otherwise of Milne.
....and there lies the problem - that doubt will always taint Milney's legacy.
Tough situation all round.
TFD
I still think you will find it was re investigated because the internal police review found that a severe lack of procedural adherence in the original investigation took place. It is pretty much a show trial to show that they take the matter seriously when it looks like possible corruption occurred. It will probably not actually go any where but the rumours that it was never properly investigated will at least be quashed forever.
Hurricane wrote:If the entire case is predicated on the fact she had sex with Montagna then went into another room and had a chat then sex with Milne but thought he was Montagna then it shouldn't have made it this far.
Complete waste of time and money. Not to mention the destruction of a man's reputation
BANG BANG
So you are saying the girl is lying?
Did I say that? No I did not. That is a weak case if that's the story. As anyone who has seen and spoken to both men will know they have totally different body types and patterns of speech. I'll skip over the mention of the differences in their manhood to simply say this: If that's the entire story then the case is beyond weak and needs to be thrown out. Waste of time and money and the destruction of a mans reputation and possibly his family.
BANG BANG
Mitsuharu Misawa 1962 - 2009.
I am vengeance....I am the night...I....AM.....BATMAN
I have come here to chew bubblegum and kick ass and im all out of bubblegum
St DAC wrote:And memories aren't as clear 9 years later, particularly if there was booze involved. So I also don't think it will end up going anywahere, and if it doesn't, you'd have to question the motives of those who brought the charges on this time. It always seemd to me to be a big ask to convict on the evidence as it was publically discissed at least.
All of which says nothing about the guilt of otherwise of Milne.
....and there lies the problem - that doubt will always taint Milney's legacy.
Tough situation all round.
TFD
This may be simplistic but I would think after all this time and the public abuse and reputation damage he has already suffered it would be Very hard to bring down if he says he's extremely sorry because he had no idea she thought he was Joey and certainly have gone ahead if he had Sorry terrible misunderstanding no attempt to break the law case dissmissed
Now we know why Milne's Barrister wanted to hear the Mitchell interview.
If the complainant actually used the terminology Dunn claims she did in that interview then he certainly has a point re the Police officers showing the complainant the transcript/tape of their interview with Milne.
I believe that is a no-no and will tend to weaken the prosecution case in that it apparently was only re-opened due to complaints from the original investigating police about 'being heavied' by others.
It would appear from this that they themselves (the original investigators) may have been overzealous in their attempts to charge Milne by offering the complaining witness access to Milne's statements.
By objecting to the Defence having access to the tape it would appear that the Prosecution do not want this connection to be made.
If the Magistrate rules against Dunn's application to hear the interview then it may be grounds for an appeal at a later stage?
Interesting issue where the media has focussed on the notion of high profile footy players getting favouritism but just as likely is the cop trumping something up to 'get a scalp'.
Did the girl change room or the boys ?
Relevant fact.
Under wa law milne would be in massive strife.
In vic he should walk.
Did the girl change room or the boys ?
Relevant fact.
Under wa law milne would be in massive strife.
In vic he should walk.
One report says that Joey and girl 'A' in one room, Milney & 'B' in another room;
then all four ended up in the same room, talking in bed.
Milne hit on 'A' this time, trying to sweet talk.
'A' kept refusing. She says she thought it was Joey trying for seconds, but realised it was Milne.
For how long did she think it was Joey? Who knows.
They speak differently, so 'a reasonable person' would twig straight away.
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