Brett's court case today?

[Dan]

As I said earlier. Follow the link I posted

 

[Canteen Worker]

As I said earlier. Follow the link I posted

Your link refers to Commonwealth matters and the Supreme Court. Brett's case is being heard today in a Local Court and will in all likelihood go to the NSW District court, if the matter proceeds. Principles are similar but not identical.

 

[Dan]

for all your wisdom and knowledge CW you can be dumb and ignorant a lot.

You clearly didn't read it. Commonwealth refers to the commonwealth of Australia and not the supreme court, you silly bear.

The link is the general practice for the entire country though there are some minor variations from state to state.

"4. Committal Proceeding

In more serious cases a committal hearing is required. At a committal hearing, a Magistrate will listen to the evidence and decide if there is sufficient evidence for the defendant to be tried in either the County/District or the Supreme Court. If the Magistrate decides that there is sufficient evidence, then the defendant will be committed for trial. This means the matter will be heard in one of the higher courts at a later date. Alternatively the Magistrate may decide that there is not enough evidence and discharge the defendant. "

 

[niccipops]

I went to the linked site Dan. Some good insight on there. It sounds like it could all be over very quickly (please, please please judge) or go on for a bloody long time. These are forecasts from Nicci the rocket scientist.

 

[mwsneagle]

Thanks for the link Dan.
So if this is the Committal Hearing it can be dismised or then comitted to trial.
Can't find his case mentioned in the court listings for Downing Centre, maybe I'm looking in the wrong spot ....there was one not for publication?
Either way am hoping that this is resolved very quickly.
Funny that there has been hardly any mention of thi hearing in the media (in one way very grateful, but also dying to know what is going on....)

 

[Dan]

I am not sure if this is a committal hearing or not, but from the way the last hearing went it looks like it is. You would need to find a specific NSW link to confirm but that is an overview of the criminal proceedings system

 

[Nate]

Case is adjourned to allow the cops to get more evidence:

http://www.leaguehq.com.au/news/lhqnews/stewart-case-adjourned/2009/05/26/1243103522759.html

 

[SeaEagleRock8]

The alleged victim has a lawyer?
 [self-edit due to learning more about this from later in this topic]
.

 

[Dan]

She has Legal Aid I would say

 

[mwsneagle]

The lawyer for the alleged victim is a new thing for all sexual assault victims.
Trying to find the article that was published earlier this year but it is standard now to protect their rights.
What is funny to me ( I don't know the legal wranglings ) is that police haven't turned over 4 pieces of evidence and that if they had enough evidence to charge Stewart why can't they proceed - I understand the need to be thorough and new things may have come to light but could that be introduced at a later stage?

 

[Canteen Worker]

From what I understand, (which is not much according to Dan), an alleged victim is permitted to have a lawyer to protect her interests in a case.

The case is adjourned as the defence must have all the evidence that will be used against the defendant in order that they know what charges they are up against.

Reading between the lines, if the police are still chasing four pieces of evidence after 3 months, it is very complex or contentious.

 

[Pepi]

I dont know much about the legal system.
Why wouldn't they have the evidence by now? Its been 3 months ffs, if you dont have it now you will never.

 

[Canteen Worker]

BTW Dan, you are wrong - CDPP relates to Commonwealth Law - basically principles are the same but this is a NSW case and comes under the NSW System - not the Commonwealth.

The main offences prosecuted by the CDPP include drug importation, offences against corporate law, fraud on the Commonwealth in its various guises (such as tax fraud, medifraud and social security fraud), money laundering, people smuggling, people trafficking (including sexual servitude and slavery matters), terrorism, and a range of regulatory offences.




Links to FAQ from NSW site are here:

http://www.odpp.nsw.gov.au/faq/faq.html

 

[Dan]

Pretty much says to me the evidence is pretty thin on the ground in my opinion and its not looking like there is that much evidence for a start and that some of it seems contentious at best.

Looking good I hope

 

[Rex]

The alleged victim has a lawyer? This to me indicates that the alleged victim is alert to the possibility of future civil proceedings - 'damages'. Most victims of an alleged crime would not have their own lawyer at court...Also the allegation that it was an unauthorised tongue-kiss is the first I have heard of that. As most would know by know, sexual assault covers a range of scenarios and the tongue-kiss - if that is the worst of what is alleged - would have to rank at the lower end of the scale I would think. Which is good news I reckon.

"one count of sexual intercourse without consent and performing an act of indecency that involved forcing his tongue into the girl's mouth."  Next date: 23/6/09

http://www.lookforward.com.au/Pages/Event.aspx?eid=9f3b818f-990d-45b7-b4e0-3c06eecb21b0

 

[KaZa]

haha so this should get thrown out.......

what more eviddence do they need? did they request the judge for a time machine?

 

[Rex]

what more eviddence do they need?

Phone records apparently!

 

[KaZa]

That wont prove anything... if anything it proves the ywere having a relationship of some sort... which could even mean it was consented.. still wouldnt prove he did anything.

8 Items handed in though is  bit worrying

 

[Dan]

9 items cant be that worrying, they could range from statements to police observations to circumstance. There will probably be a few that are statements.

Didnt the article say a Police phone record, that could be the police conversation to another officer or anything.

 

[SeaEagleRock8]

The lawyer for the alleged victim is a new thing for all sexual assault victims.
Trying to find the article that was published earlier this year but it is standard now to protect their rights.

News to me. Are you thinking of the Witness Asistance scheme? That is through the DPP but doesn't involve providing a lawyer. I think her family must have got her a lawyer, almost certain that is not something funded by the DPP or legal aid.