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Discussion in 'Rugby League Forum' started by swoop, May 26, 2009.
For any legal eagles out there. What is expected to happen in Brett's court case today?
No legal eagle but my opinion based on everything I have read and heard, Both teams go in present a brief of their respective evidence etc the judge takes it away and spends about 6 months reading it all and deciding what he is going to do about the case. There is a very very very small chance that today may be the end of the entire process as well though
who knows... the details given to the public are not that clear.
Nothing much will happen today, don't expect any headlines.
Hmm I am a bit concerned these days when there are 2 teams and someone else making a decision... this has resulted in some very unfortunate outcomes in recent times. But on the question of today's court proceedings - if that predicion is based on what you have read & heard, you have been spending too much time with your Twilight Zone fan group.
Pretty sure today is Committal Proceedings http://www.cdpp.gov.au/Practice/ProsecutionProcess.aspx There is a chance we will hear an end to it today
That certainly would be great news. An optimistic theory on the MWSE forum shutdown: Inside knowledge that the case will be thrown out today sending Manly supporters into an abusive frenzy about destroying our season start. (Always hopeful)
That certainly would be great news. An optimistic theory on the MWSE forum shutdown: Inside knowledge that the case will be thrown out today sending Manly supporters into an abusive frenzy about destroying our season start. (Always hopeful) [/quote] Heres hoping - Good Luck BrettÂ
That certainly would be great news. An optimistic theory on the MWSE forum shutdown: Inside knowledge that the case will be thrown out today sending Manly supporters into an abusive frenzy about destroying our season start. (Always hopeful) [/quote] Yes niccipops, I dreamt of exactly the same thing last night.
Is he attending court or is it one of the things where only the barristers go?
A lot has to happen before committal. Brett wonÃ¢Â€Â™t even be present today. The brief has to be confirmed as complete and served on the defence. The exact terms of the indictment have to be settled. Any indictable matter has to be very carefully considered by both prosecution and defence. Especially where a charge carries a standard non-parole period. Any possibility of negotiation re charges or facts or particulars of the indictment has to be looked at, it is rarely rushed because there is too much at stake. His solicitor would appear only (at least it was reported that Brett was excused from this mention date). (And it's not a commonweath matter Dan)
The previous court case excused Brett from appearing at this one if memory serves
I'm pretty sure Brett doesn't have to be present today.
That's why the AVO was extended. The media made it sound like it was extended by the prosecution but it was actually Stewy's legal team that made the move. They asked for a 6 month AVO so that Brett would not have to appear in court. They were granted 3 months not 6.
Brett can stay at home and have a nap. This is known as "the Defence rests Your Honour"
No resting Stewy. Stay on that recovery bike. We need you back on the field.
so no chanceÂ the judge can throw it out today? anyone know what time its on?
Hey B_e, was that you who Hadley was talking about (John from Wollongong) who was asking about the case today and about Gallops nil response about Des & Orford's comments regarding Cecchin?
For the layman, as I understand it, the actual charges against Stewart have to be presented to a local court. Details of witness accounts and supporting evidence are included as part of the brief. From there a judge has to make a ruling, based on evidence and defence material as to whether there is a case against Stewart and also whether there is a likely chance of conviction at the end. Advice has been given that a Judge, (fearful of being labelled soft on crime or worried about Telegraph scuttlebutt, in such a high profile case)Â would be loathe to stop the case at this point. Credibility of witnesses, reliability of evidence etc is unlikely to be tested at this point - that would come at a course case in the District Court. If this does go to trial, I am sure a legal boffin could tell us whether it would be a judge or jury determined case -