News: Stewart case: defence denied medical records

[ManlyBacker]

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<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>

 

[Fro]

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

 

[The Wheel]

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

 

[Fro]

presumably they will get to see them eventually.

or am i on the wrong track?

 

[The Wheel]

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

 

[Dan]

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

 

[DSM5]

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?

 

[Jatz Crackers]

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.

 

[Jatz Crackers]

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?

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

 

[The Wheel]

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?

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

 

[SeaEagleRock8]

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?

 

[Dan]

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

 

[Matabele]

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.

 

[DSM5]

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.   

 

[Jatz Crackers]

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.     

That is my read on it aswell.

 

[Canteen Worker]

My guess is that juvenile medical records are sealed, especially if they allude to psychiatric interventions.

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???

 

[Matabele]

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.

 

[Pearso]

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.

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.

 

[Fro]

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.

 

[Pearso]

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