Manase D Day

[SeaEagleRock8]

Question for the legal people ... does the defendant have the right not to take the stand or is that just on the telly?

ps here no-one "takes the stand", that is only on telly (American)
Over here we give evidence from the witness box. Probably looks similar, haha

 

[manly al]

Don 't think that there is a 4 th amendment type provision in the Australian legal system and would only assume that a defendant is obligated to give evidence or their version of events if requested . Would think that the defence team and Manase would have had more then enough time to get a coherent and plausible case or version to present and to support their position . Maybe some things could not be in dispute on his legal team 's assessment . Bit up in the air at the moment , plenty of doubt that he committed the offence but unfortunately fact remains , somebody did .

 

[globaleagle]

Question for the legal people ... does the defendant have the right not to take the stand or is that just on the telly?

like yeah, um, totally just asking for a friend, cough, er, bye!


/giggle

 

[manly al]

Absolutely, any accused has the right to silence and the prosecution cannot use that to say he must feel guilty etc.
Many defendants do not give evidence. They don't have to prove anything, it is the prosecution that must prove its case.
However when one witness says he clearly saw you commit the offence it's not a bad idea to give sworn evidence that you did not. Providing you don't otherwise shred your credibilty when answering other questions!

Didn 't read this first , not really into legal matters and fortunately never previously had to be

 

[globaleagle]

Don 't think that there is a 4 th amendment type provision in the Australian legal system and would only assume that a defendant is obligated to give evidence or their version of events if requested . Would think that the defence team and Manase would have had more then enough time to get a coherent and plausible case or version to present and to support their position . Maybe some things could not be in dispute on his legal team 's assessment . Bit up in the air at the moment , plenty of doubt that he committed the offence but unfortunately fact remains , somebody did .

4th amendment? There was a whole movie on that.

It was "The Castle"

I think you mean 5th.

gawd I hope you meant the 5th otherwise I shall look like a dill pickle's dill pickle.

 

[manly al]

4th amendment? There was a whole movie on that.

It was "The Castle"

I think you mean 5th.

gawd I hope you meant the 5th otherwise I shall look like a dill pickle's dill pickle.

my bad for not watching more Perry Mason but i did regularly watch Boston Legal

 

[bob dylan]

Who knows what the towel motive is? As an NRL player, it would have been a bad look to have any association at all with the fight, so maybe it was clumsy attempt to hide his identity?

I'd say 8 out of every 10 people don't give two hoots about the NRL.

And I'd say 99% would walk right in by him and have no idea who he was, put me in this group.

We must have a seriously inflated ego if he thinks he is a well known footballer. Oh that's right he had a headache.

 

[SeaEagleRock8]

Didn 't read this first , not really into legal matters and fortunately never previously had to be

Lol.
Of course if the accused does give evidence then they must answer all questions.
(An exception is for witnesses who are not the accused - they can object to answering a question on the grounds that it may incriminate them)

 

[MadMarcus]

ps here no-one "takes the stand", that is only on telly (American)
Over here we give evidence from the witness box. Probably looks similar, haha

Yeah, it’s not a good idea to “take the stand” here. It’s not good for your credibility to be seen stealing parts of the Court room. It is also very heavy.

 

[Sheikheagle]

In this case there may be a big gap between being found not guilty and being innocent.

Agree, he may well get off but proving innocence is another matter. I have just seen the photo with him allegedly climbing the wall with towel over his head and the question should be asked do we want a player of this character playing for our club.

 

[Bearfax]

I wonder when I can get back to watching other favourite soups, like Days of Our Lives, Peyton Place and the Young and the Restless (that last show would suit this drama to a tee). A shame Neighbours is closing its doors, though Home and Away may suit Fainu. Bit insensitive of me but I wish this whole thing would come to a conclusion so we can get back to the football....no hang on there. The way Manly are playing maybe this is the best entertainment we can expect in '22.

 

[SeaEagleRock8]

Would think that the defence team and Manase would have had more then enough time to get a coherent and plausible case or version to present and to support their position

And just in case that was a serious comment - no! For lawyers to get together with their client to come up with a version to present would amount to attempting to pervert the course of justice!

A lawyer must never suggest to their client what evidence to give. Some clients of course are so stupid they insist their answer is true, thinking it might help them, but it doesn't. If you have such a client you avoid calling them to give evidence, unless you have no option. eg when another witness says they did it and that has not been contradicted.

 

[manly al]

And just in case that was a serious comment - no! For lawyers to get together with their client to come up with a version to present would amount to attempting to pervert the course of justice!

A lawyer must never suggest to their client what evidence to give. Some clients of course are so stupid they insist their answer is true, thinking it might help them, but it doesn't. If you have such a client you avoid calling them to give evidence, unless you have no option. eg when another witness says they did it and that has not been contradicted.

Really meant the accused version of events or case to support their not guilty plea . Then for their legal team or lawyer to present it in the best possible or favorable light. and his client to express them self in accordance . Certainly was not implying that it would be ethical or of course legal for a lawyer to manipulate an accused version of events . Though sure that in an imperfect world it would be not unheard of .

 

[BOZO]

Personally I think we should get OJ Simpsons lawyer and get this over and done with once and for all

 

[Dan]

I don't know why we didn't go with the wookie defense

 

[47MVEagle]

Wow, Manase's testimony hasn't helped his cause, has it?

I was expecting complete denial of climbing over the wall to further the defence of wrong identity but he's placed himself at the scene & right in the midst of the incident.

I suppose his original statement to the police was that version & so he had to stick to it otherwise he'd be changing his story?

Also, what other buildings are easier/quicker to get into by scaling a 6 foot wall at the rear of their carpark?

 

[ricardo]

Personally I think we should get OJ Simpsons lawyer and get this over and done with once and for all

I seem to recall he had hot daughters hehe

 

[Dan]

Just reading over the last 2 pages of this thread and I need to just provide a warning here, that you need to be careful about what you are saying and how some of you are saying it. There are some borderline posts here.

Refer back to our terms and just consider whether offering your thoughts on this subject are possible going to land you in any trouble both here and externally

 

[HK_Eagle]

So how does MF climb over a wall 2 weeks after surgery....

Adrenalin.

 

[Dee Why Eagle]

Adrenalin.

I believe he had to undergo some follow-up surgery...
Maybe scaling the wall caused that extra damage!


*But not sure of timeline - maybe unrelated