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I don't want to bring the mood down but...

Discussion in 'Rugby League Forum' started by mosto, Sep 29, 2010.

  1. mosto

    mosto Well-Known Member Premium Member

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    is there any avenue for the prosecution to appeal the decision today, or is it all said and done? I'm not trying to be smart or negative, I honestly don't know. I'm just hoping that it is all completely finished so Brett, Jaimie and their families can put this behind them once and for all.
     
  2. Dan

    Dan Administrator Staff Member Administrator 2016 Tipping Competitor

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    There is always a technicality somewhere. However in this case I can not see there being any appeal.

    It seems to me that the case was pretty weak to begin with and I can not see them wanting to waste tax payers money and more time on this.

    I really can not see this going any further.
     
  3. The Wheel

    The Wheel Well-Known Member

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    This has already been answered in another thread, the answer is No unless new evidence etc comes to light.  Wont happen the case was piss weak in the first place - with a bit if decent detective work he wouldn't have been charged let alone gone to court
     
  4. Stevo

    Stevo Well-Known Member

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    Don't worry about appeal! I want to know if Brett can sue the holy **** out of the people who wrongly accused him?
     
  5. Dan

    Dan Administrator Staff Member Administrator 2016 Tipping Competitor

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    ahh the finer points of our law.

    Just because he was found innocent, under our legal system, does not mean that the accusations are false.

    Now my opinion and feeling is that the accusations were not true at all, however evidence to this would be needed for action to be taken
     
  6. Jatz Crackers

    Jatz Crackers Moderator Staff Member

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    The summations are usually the place to find a point of law that allows an appeal.

    The best term that i can think of to describe the chances of an appeal is:

    "more remote than Gallops credibility on this issue"
     
  7. Rex

    Rex Well-Known Member

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    Only a fool would appeal when a jury spends less than an hour deliberating.

    And we're already the fools - we, the taxpayers - for footing the bill for this going to court on such a blatantly weak case.

    As for an appeal based on new evidence? Is this the case?  Sounds like double jeopardy.  I'd have thought an appeal could only be based on a point of law, not on new facts.
     
  8. Stevo

    Stevo Well-Known Member

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    ahh the finer points of our law.

    Just because he was found innocent, under our legal system, does not mean that the accusations are false.

    Now my opinion and feeling is that the accusations were not true at all, however evidence to this would be needed for action to be taken
    [/quote]
    That's what i figured! It just seems super unfair that you can spend $xxx,xxx.xx on defence, then found not guillty in what seems to be a complete farce of a trial and not be compensated for it!
     
  9. Jatz Crackers

    Jatz Crackers Moderator Staff Member

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    Yep.
     
  10. mosto

    mosto Well-Known Member Premium Member

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    Thank you all, just wasn't sure what options the prosecution had, but it would appear sweet FA.
     
  11. abnc

    abnc Member

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    Yep.
    [/quote]
    I'm no lawyer, but from what i understand double jeopardy only comes into play if you are found guilty. The crown then can't put you to trial a second time for the same event.

    In this case Brett was found innocent, so if new evidence (like a new unknown witness or suddenly found DNA evidence) were brought to the surface, then the crown can reopen the case and appeal for another trial.

    Like Dan said, just because your found not guilty doesn't mean the accusations are false. It also doesn't mean that you didn't do it. It's by the weight of evidence against the accused whether they are found guilty or not guilty.

    In this case though, Brett won't have a problem in this regard.
     
  12. Koudini

    Koudini Member

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    First post on Silvertails but long time MWSE supporter, member and sponsor this season.

    First of all, DSM5 has been outstanding in his coverage of the trial. I know the last two weeks have been about logging in at 1.30pm and 5pm each day for a summation of the morning and afternoon sessions.

    Second, congrats to Snake and his family for the outcome. Judging by the reports of the trial it seemed like a mere formality however with the judicial system sometimes you simply never know. Snake, take Jaime and head off on a long holiday somewhere remote, and unwind yourself from the stress of this disgraceful episode.

    Finally, I really feel sorry for the jury in relation to this case. Essentially they have had to give up their working lives to listen to a trial where it looked like it was clear very early on that there could only be one verdict. While the judicial system is probably the most fair way of determining a trial, surely there must be a review of how this even got to trial in the first place. The commital hearing recommended this because there was sufficient evidence of a case. However, THERE WAS NO EVIDENCE WHATSOEVER!!!!

    Congrats to all involved and look forward to 2011.!
     
  13. SeaEagleRock8

    SeaEagleRock8 Sea Eagle Lach Staff Member Premium Member 2016 Tipping Competitor

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    Yep.
    [/quote]
    I'm no lawyer, but from what i understand double jeopardy only comes into play if you are found guilty. The crown then can't put you to trial a second time for the same event.

    In this case Brett was found innocent, so if new evidence (like a new unknown witness or suddenly found DNA evidence) were brought to the surface, then the crown can reopen the case and appeal for another trial.

    Like Dan said, just because your found not guilty doesn't mean the accusations are false. It also doesn't mean that you didn't do it. It's by the weight of evidence against the accused whether they are found guilty or not guilty.

    In this case though, Brett won't have a problem in this regard.
    [/quote]
    Fair bit of misinformation floating about here.
    Brett can't be re-tried for the same offence, he's been acquitted, that is a very basic principle of our criminal system.

    There is a provision for a fresh trial in certain circumstances but limited to offences more serious than what Brett was charged with.

    This case is finished.

    (Also, on all the proposals to recover costs etc, zero chance based on everything I've seen reported. He can sell his story, that's about it.)
     
  14. DSM5

    DSM5 Well-Known Member 2016 Tipping Competitor

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    Agreed SeaEagleRock8, this case is ended.  The horror is over.  Move on gentlemen and ladies.   
     
  15. Fro

    Fro Well-Known Member

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    And we can all get back to smiting DSM :)

    Seriously though, good work.
     
  16. Mark from Brisbane

    Mark from Brisbane Living the dream Premium Member

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    Great first post Con...don't let this be your last!!!
     
  17. Mark from Brisbane

    Mark from Brisbane Living the dream Premium Member

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    Oh and I reckon DSM should only get positive smites for the rest of this week.

    Then back to normal.

    But I agree Fro seriously good work, in fact amazing really.
     
  18. Guest

    Guest Guest

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    jus leave dsm  as moderator we need more out spoken moderators like mata & dsm ;D lol 
     
  19. ERNIE FOR NO7

    ERNIE FOR NO7 Active Member

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    After seeing how week the eveidence was, you can't help wonder if the accusations were made against someone notin  the public spotlight would they have ever gone to trial.

    I think because of the publicity, the police prosecutor was under pressure not to sweep the matter under the carpet.
     
  20. The Eagle

    The Eagle Well-Known Member

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    Ladies 1st asshole :p
     

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