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News: Stewart case: defence denied medical records

Discussion in 'Rugby League Forum' started by ManlyBacker, Sep 16, 2009.

  1. ManlyBacker

    ManlyBacker Winging it Staff Member

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    <div class="content-item" />
    <p>SEA Eagles fullback Brett Stewart’s legal team has been denied access to medical records belonging to a teenager he allegedly sexually assaulted after Manly’s boozy 2009 season launch.</p>


    <a href="http://www.silvertails.net/news/4293-stewart-case-defence-denied-medical-records.html">Read the full article</a>
     
  2. Fro

    Fro Well-Known Member

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    I'm no lawyer but I thought that meant they were able to see themm after the prosecution had done so?
     
  3. The Wheel

    The Wheel Well-Known Member

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    Exactly - I know what they are looking for and I know why the prosecution doesn't want to see them
     
  4. Fro

    Fro Well-Known Member

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    presumably they will get to see them eventually.

    or am i on the wrong track?
     
  5. The Wheel

    The Wheel Well-Known Member

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    Well I would hope so, it would be 'delusional' if they didn't
     
  6. Dan

    Dan Administrator Staff Member Administrator 2016 Tipping Competitor

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    My opinion only, but I believe the prosecution may read the information and attempt to suppress it on grounds of irrelevancy or something similar
     
  7. DSM5

    DSM5 Well-Known Member 2016 Tipping Competitor

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    I'll be attending the court sittings as I've got nothing else to do, so I'll  give some feedback as to how I think it's going.  Are people OK with that?
     
  8. Jatz Crackers

    Jatz Crackers Moderator Staff Member

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    The article title and its content are contradictory.

    If one legal team is granted access to the material then the other team will also.

    Wether or not anything can be used during the case is another matter altogether.
     
  9. Jatz Crackers

    Jatz Crackers Moderator Staff Member

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    Sure your not learning the ins and outs of the law so you can mount a case against Ox with Des as co-defendant ?
     
  10. The Wheel

    The Wheel Well-Known Member

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    As long as you wear a Manly jumper to the hearing that is fine with me
     
  11. SeaEagleRock8

    SeaEagleRock8 Sea Eagle Lach Staff Member Premium Member 2016 Tipping Competitor

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    No idea really what this means for the case, except of course the case would go nowhere if there was something to cast substantial doubt on the reliability of the prosecution witness. Maybe this is quite normal for this sort of case - or maybe the crown was granted access to the records first so they can consider whether there is no reasonable prospect of a successful prosecution?
     
  12. Dan

    Dan Administrator Staff Member Administrator 2016 Tipping Competitor

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    It means this is going to extend the case some more, and cost brett a lot of cash
     
  13. Matabele

    Matabele Well-Known Member

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    My reading is that this is about her "general" medical records rather than the records specifically about the incident.  Given some of the rumours floating around about the girl [and let's not go there for defamation reasons] it would not surprise that Stewart's lawyers would have a very keen interest in them.
     
  14. DSM5

    DSM5 Well-Known Member 2016 Tipping Competitor

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    My guess is that juvenile medical records are sealed, especially if they allude to psychiatric interventions.  I used to work in this field and it gets messy and legally complicated.   
     
  15. Jatz Crackers

    Jatz Crackers Moderator Staff Member

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    That is my read on it aswell.
     
  16. Canteen Worker

    Canteen Worker Well-Known Member 2016 Tipping Competitor

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    This would make sense. Basically the case will go forward on the evidence of the night etc with her mental health status not able to be admitted as evidence. You wonder whether this is fair or not???
     
  17. Matabele

    Matabele Well-Known Member

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    If it's not allowed it's only one string in the bow.  There's plenty else to work with, like the father's criminal record and the nature of it.
     
  18. Pearso

    Pearso Member

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    I don't think they will be allowed to use the old mans criminal history, even if he himself was facing charges it would not come into until he was being sentenced.
     
  19. Fro

    Fro Well-Known Member

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    why would the old mans history come into it at sentencing??

    its not him on trial. the only relevance it could have is during a trial itself.
     
  20. Pearso

    Pearso Member

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    I was referring to him being charged so to speak and the use of his crimianls history
     

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