Manase Fainu - Discussion

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rj90

Yeah, Nah.
Tipping Member
I'll preface this by saying I am not 100% sure, so anyone that knows the answer please advise:

If / when Fainu appeals, his case is heard in front of 3 Judges?

Those Judges can only overturn the decision if it was found that there was an issue with the formalities of the trial or misconduct? Those Judges can't actually overturn the decision of a Jury right?
 

47MVEagle

Bencher
Manase did himself no favors with his actions (and the evidence he provided) on the night leading up to the actual stabbing. He admitted he was there. He further admitted that he was involved in the initial scuffle on the dancefloor. He then admitted that he drove the vehicle back to the location, after being ejected from the venue. He then attempted to disguise his appearance, admitted to be being first over the fence, in what was now arguably a joint criminal enterprise. He then lied (very badly) about the towel disguise and the reason for jumping the fence back into a premises he had just been ejected from by security. This testimony, as it has been reported, was extremely unhelpful to his defence. At this stage his own words had zero credibility as far as the jury was concerned. I cannot understand how any of the above was allowed to be included by his defence team? There is obviously a lot more to the incident that was even more prejudicial i.e no statements included from the other four persons who accompanied him on the night.
He might win on appeal but it clearly won't be based on his testimony this time around.
I can only assume Fainu said all of this in his statement to the police when he handed himself in the day after & therefore couldn't change it.

Perhaps he attended the police station & made his statement without legal representation, resulting in him essentially damning his chances of being found not guilty 3 years later?
 
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The Who

Journey Man
Manase did himself no favors with his actions (and the evidence he provided) on the night leading up to the actual stabbing. He admitted he was there. He further admitted that he was involved in the initial scuffle on the dancefloor.
No. This is not correct according to earlier coverage which I quote: The court was told that before the brawl, two of Mr Fainu’s friends were involved in an altercation on the dance floor and were asked to leave. Mr Fainu said he left the church grounds as his mates were being escorted out, apologising to a security guard as he left.
I also believe I read that he hadn't attended the dance because he was inappropriately dressed (in a tracksuit). Unfortunately it doesn't seem that this trial had one experienced court reporter in attendance every sitting day (unlike the de Belin and Hayne trials: I guess a stabbing isn't salacious enough) so we have various media calling in occasionally and providing conflicting reports.
We are all basing our opinions on these reports, which is why some of us are still confused by the verdict.
 

Eagles4Life

Bencher
Premium Member
Tipping Member
No. This is not correct according to earlier coverage which I quote: The court was told that before the brawl, two of Mr Fainu’s friends were involved in an altercation on the dance floor and were asked to leave. Mr Fainu said he left the church grounds as his mates were being escorted out, apologising to a security guard as he left.
I also believe I read that he hadn't attended the dance because he was inappropriately dressed (in a tracksuit). Unfortunately it doesn't seem that this trial had one experienced court reporter in attendance every sitting day (unlike the de Belin and Hayne trials: I guess a stabbing isn't salacious enough) so we have various media calling in occasionally and providing conflicting reports.
We are all basing our opinions on these reports, which is why some of us are still confused by the verdict.

I agree the reporting on this case was not very consistent and often in conflict. However, your summation (like mine) may well be incomplete An earlier report states:
"The court was previously told Fainu and his friend Uona Faingaa known as "Big Buck," were involved in a dancefloor fight and ushered outside by Mr Levi who told them not to fight on church grounds."
I note that this was not disputed by Cunneen.....
It would seem that Fainu may well have instigated the dance floor scuffle by asking for Big Bucks money back. This was also reported in earlier accounts as the reason for the scuffle erupting.
 

The Who

Journey Man
I agree the reporting on this case was not very consistent and often in conflict. However, your summation (like mine) may well be incomplete An earlier report states:
"The court was previously told Fainu and his friend Uona Faingaa known as "Big Buck," were involved in a dancefloor fight and ushered outside by Mr Levi who told them not to fight on church grounds."
I note that this was not disputed by Cunneen.....
It would seem that Fainu may well have instigated the dance floor scuffle by asking for Big Bucks money back. This was also reported in earlier accounts as the reason for the scuffle erupting.
Fair enough. Like they used to say in the X-Files: The truth is out there....
 

Forster eagle

Reserve Grader
This is just a classic example of stupidity , he should never have been there at all , he's young and dumb but some of the things he said , come on , the towel around his head because of a headache ??? also he said it was easier to climb the fence than go back through the gates to get back into the function , right there , come on , his arms in a sling .
Best result is Manly can cut him loose and move on .
Totally agree....very poor rebuttal answers. When that was first reported on Tuesday, along with the eye witness, I was pretty sure they would give him out.
 

bob dylan

First Grader
Premium Member
Tipping Member
I reckon there's no doubt he'll get off on appeal.

Id imagine most unfavorable decisions are appealed.

Getting paid twice for the same job is money for jam from their legal reps. perspective. They don't really care about the result, you win some you lose some. These lawyers etc are no different to tradies, they just want to make a buck, the easier the better.

The fact the jury took 2 hours, which probably included their lunch break, indicates to me they were immediately unanimous. When I was on a particular jury it took us two minutes but we were not game to go back into the court room for almost 2 hours.

I wonder who is paying for the QC and her team, up to $10k a day. Money will be a factor at some point in the decision making.
 

mave

First Grader
Premium Member
Tipping Member
I wonder who is paying for the QC and her team, up to $10k a day. Money will be a factor at some point in the decision making


Maybe this is the reason we can't have a NRLW side, and run our own NSW cup team.
 

Budgie

In for the long haul.
2016 Tipping Competitor
Tipping Member
Id imagine most unfavorable decisions are appealed.

Getting paid twice for the same job is money for jam from their legal reps. perspective. They don't really care about the result, you win some you lose some. These lawyers etc are no different to tradies, they just want to make a buck, the easier the better.

The fact the jury took 2 hours, which probably included their lunch break, indicates to me they were immediately unanimous. When I was on a particular jury it took us two minutes but we were not game to go back into the court room for almost 2 hours.

I wonder who is paying for the QC and her team, up to $10k a day. Money will be a factor at some point in the decision making.
The problem with your argument is that most lawyers I know, and I've worked (nothing fancy, walked their dogs) for many of them, have work stacked up far into the future. They're going to earn money from someone anyway. Otherwise how would they pay the likes of me? 😉
 

Mark from Brisbane

“ Boomer still Booming”
Premium Member
Tipping Member
I think making opinions based on the bits and pieces released by various media outlets is fraught with danger.

To date he’s been unanimously found guilty, that’s a given.

Apparently they are appealing , another trial could be years away so I really think it’s time that the club , and as such the fans just moved on.

I think there’s been plenty said , and much like “ Jerseygate “ it’s just rehashing ****!!

Time for us to all move on, and discuss whether Croker cuts the mustard or are we ok with what we have.

Because let’s face it , regardless, he’s not coming back anytime soon , if ever !!!
 

Eagle 1

First Grader
Id imagine most unfavorable decisions are appealed.

Getting paid twice for the same job is money for jam from their legal reps. perspective. They don't really care about the result, you win some you lose some. These lawyers etc are no different to tradies, they just want to make a buck, the easier the better.

The fact the jury took 2 hours, which probably included their lunch break, indicates to me they were immediately unanimous. When I was on a particular jury it took us two minutes but we were not game to go back into the court room for almost 2 hours.

I wonder who is paying for the QC and her team, up to $10k a day. Money will be a factor at some point in the decision making.
Would imagine his brothers would be chipping in with the legal costs and any ongoing appeal also.
 

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