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St.Roly wrote:
What it would mean is that at the close of the prosecution "case" at committal - when the balance of the hand-up brief is tendered- the defence did not take up their opportunity to submit to the Magistrate that there is not sufficient evidence to commit. This is, in its practical effect, a concession that there is sufficient evidence to commit. And yet, according to His Honour Judge Stinger, the Magistrate was "gutless" in committing.
Even more interesting here is that the Magistrate has not committed on one of the charges. If (and it is a big "if") the news report is correct and there were no defence submissions, this would mean that the Magistrate has taken this decison of his own volition or perhaps at the suggestion of the prosecutor. Again, not really deserving of the slur "gutless" IMHO.
yes he does......maybe defence counsel was just keeping his powder dry......the beak did not commit on the digital penetration charge because the girl had stated that it didn't happen...even though milne admitted to the police that it did......you look silly.... to me anyway...... having a shot at me ...been around committal proceedings since 1966 actually.....victorian courts are one system where you could do away with the committal process, because magistrates as a rule don't have the balls not to commit
...i said enough said because i was accepting of what you were inferring...not that i agreed ...but hey...i'm not there......milne's legal team were.......
...but...you got one bit right...
Whether or not Dunn was keeping his powder dry does not change the fact that making no submissions is tacit acknowledgement that there is enough to commit. To call a Magistrate gutless in those circumstances remains, in my opinion, entirely unjustified.
Further, if you have been "around committal proceedings" (whatever that actually means) since 1966 then you would perhaps appreciate that a fundamental issue (as has been recognised in reviews of the system) is whether the committal test that Magistrates are called upon to apply is too weak, as opposed to the "balls" of the magistracy.
stick with what i have already stated...and i'm more than qualified to offer an opinion..although this is the last place i would expand on that......you don't agree with my opinion.......fine with me....
...and yes, i have been involved with reviews of the system and read most of the material available.....well...up to about 6 years ago.....
.everybody still loves lenny....and we always will
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there is an update in Sun today about the events leading up to that night and what happened on the night.. I am a Milne fan obviously but I'm also a 23 year old female so can relate to her as well. I honestly believe it was a misunderstanding but I'm confused as well. If she thought it was joey why did she say no and if by that stage she thought it was Milne why did she leave the room saying 'I thought it was Leigh I thought it was Leigh'.
I don't really understand how it will all pan out and the proof required to prove rape, to me it looks like it will be one word against the other.
I feel for everyone having to wait until august for an outcome.
milney044 wrote:there is an update in Sun today about the events leading up to that night and what happened on the night.. I am a Milne fan obviously but I'm also a 23 year old female so can relate to her as well. I honestly believe it was a misunderstanding but I'm confused as well. If she thought it was joey why did she say no and if by that stage she thought it was Milne why did she leave the room saying 'I thought it was Leigh I thought it was Leigh'.
I don't really understand how it will all pan out and the proof required to prove rape, to me it looks like it will be one word against the other.
I feel for everyone having to wait until august for an outcome.
"If she thought it was joey why did she say no and if by that stage she thought it was Milne why did she leave the room saying 'I thought it was Leigh I thought it was Leigh'".
milney044 wrote:there is an update in Sun today about the events leading up to that night and what happened on the night.. I am a Milne fan obviously but I'm also a 23 year old female so can relate to her as well. I honestly believe it was a misunderstanding but I'm confused as well. If she thought it was joey why did she say no and if by that stage she thought it was Milne why did she leave the room saying 'I thought it was Leigh I thought it was Leigh'.
I don't really understand how it will all pan out and the proof required to prove rape, to me it looks like it will be one word against the other.
I feel for everyone having to wait until august for an outcome.
"If she thought it was joey why did she say no and if by that stage she thought it was Milne why did she leave the room saying 'I thought it was Leigh I thought it was Leigh'".
Cause she's a liar.
She has a Gold Membership to and sits in the pocket at Ethiad Im told.
Could you imagine the embarrassment to the OPI & Vic Pol if the matter was thrown out at Committal? When the complainant (under oath) said Milney did this and that, it unfortunately, ensured that it would go to trial, as the defence would hold its fire on cross examination for the trial (it would be recklessly stupid not to) and because the Magistrate would need to be certain that the complainant was bull shitting to throw it out.
The DPP are grubs for committing Milne to trial based on dubious, flimsy and conflicting evidence.
I agree with Stinger regarding the Magistrate's lack of balls. I might also comment that although I have no experience in criminal law, I have recently been involved in some pretty huge legal battles and firmly believe that a certain Federal Court Judge, was inappropriately influenced by outside interests and what he read in the papers (and I'm being polite in that description). I have also experienced the outright corrupt conduct of a recently retired Federal Court judge, as he is retired I'll name the spiv, Justice Michael Moore. Just illustrating that if you believe the Judiciary is squeaky clean and above 'political decisions', you are sadly naive.
In my view all the evidence at the Committal pointed to one thing, that the complainant consented to sex, then regretted it (commonly happens) and then twisted it into a sexual assault whether out of revenge or as a cover story for mum.
I wonder how long one paper can continue to report the case which doesn't make any more moves till March and then August
they have had a stopry almost daily- and agin today small column reporting ' one statement'
if this continues they whole transcript will be published by March..
Moorabbin Man wrote:Could you imagine the embarrassment to the OPI & Vic Pol if the matter was thrown out at Committal? When the complainant (under oath) said Milney did this and that, it unfortunately, ensured that it would go to trial, as the defence would hold its fire on cross examination for the trial (it would be recklessly stupid not to) and because the Magistrate would need to be certain that the complainant was bull shitting to throw it out.
The DPP are grubs for committing Milne to trial based on dubious, flimsy and conflicting evidence.
I agree with Stinger regarding the Magistrate's lack of balls. I might also comment that although I have no experience in criminal law, I have recently been involved in some pretty huge legal battles and firmly believe that a certain Federal Court Judge, was inappropriately influenced by outside interests and what he read in the papers (and I'm being polite in that description). I have also experienced the outright corrupt conduct of a recently retired Federal Court judge, as he is retired I'll name the spiv, Justice Michael Moore. Just illustrating that if you believe the Judiciary is squeaky clean and above 'political decisions', you are sadly naive.
In my view all the evidence at the Committal pointed to one thing, that the complainant consented to sex, then regretted it (commonly happens) and then twisted it into a sexual assault whether out of revenge or as a cover story for mum.
She said she said no, her girlfriend said she heard her say no and Montagna said he heard her say no. What are you having trouble understanding MM?
