Meth charges thrown out of court
Is it me ? Am I reading this wrong ?
Following on from the large number of posts regarding the attack on a fisherman by 3 offenders armed with a baseball bat, I was amazed to read this mornings West where on Page 5, a judge has dismissed charges against two men charged over a $320m meth haul.
The charges were apparently thrown out by the judge because the police didn't provide a hard copy of their evidence to prosecutors, they provided the evidence in soft copy ie on 26 disks. The Judge apparently "was astounded" at the police attitude and that he was of a mind to drop the charges. He went on to dismiss the charges and said the men should be released from custody.
My "law 101" experience fails to understand how this situation could arise. Are we not striving to be a paperless society, can the prosecutor not print out her own documents ? Are we really going to let these guys go over something so trivial ?
Unless there is more to this or I am missing something this is an absolute joke. How the fark are we supposed to stop meth in society when this bullshit occurs ?
uncle
Posts: 9349
Date Joined: 10/02/07
yep another f...ing joke
another one who is just winging it
all aggressive fish love bigjohnsjigs
D_d_001
Posts: 1522
Date Joined: 09/03/13
looks like a case where laws
looks like a case where laws need to be updated and /or amended. Very time consuming to retrospectively go back over every law and see if it is still relevant.
Unfortunately not the judges fault and it takes a good defence lawyer to come up with this. hope this law is updated quickly.
From what I read they were re-arrested straight away and charged with the same thing again though.
Auslobster
Posts: 1901
Date Joined: 03/05/08
The problem is lawyers.
The more they can appeal, drag out, stall, etc, the more money they make. It's a pretty good incentive to find every tiny loophole and eliminate the line between right and wrong.
billy69
Posts: 125
Date Joined: 16/01/12
When disclosure became law
When disclosure became law several years ago it was supposed to be an each way thing. That is Prosecution would disclose all of their evidence to the defence and the defence would disclose all of their evidence to the prosecution. This was to stop ambushes in the court room.
But in practice disclosure of evidence is only one sided with the onus on prosecutors to give full disclosure to defence but not getting anything back.
How the defence council Patti Chong, can argue that a dvd copy is not disclosed is beyond me. If she wants to take a hard copy into the prison im sure she could print the relevant document.
z00m
Posts: 1086
Date Joined: 10/05/14
Technicality
Better to have the charges set aside now so the correct process can be followed. The judge was erring on the side of caution to ensure there was one less ground for appeal in the future.
As stated, they were re-arrested immediately so there was no freedom involved.
randall df223
Posts: 6454
Date Joined: 08/08/11
I suspect you might see this
I suspect you might see this decision appealled. Its a case of lawyers being stubborn and wanting it all their own way. Police provided the evidence. Simple. Disclosure made.
Fish! HARD!
Dale
Posts: 7930
Date Joined: 13/09/05
They've been re arrested this time they've dotted the I's and crossed the Tees so it will all go through as it should now.
"Just because you are a Character, Doesn't mean you have Character."
Mr Wolf
barneyboy
Posts: 1392
Date Joined: 08/01/09
yep probably the
judges dealer.
FEEEISH ONNN!!!
petermac
Posts: 2946
Date Joined: 03/03/10
correct procedures went followed
think you will find they have been rearrested , charges wernt droped (and not a slack copper issue for once ) the prosicution didnt declare all their evidence declared a miss trial , Patty Chong did the righty by her clients, how could she go to court if she dosent know all the evidence against them but at the end of the day they are going inside for a long long time .If i was ever in the poo i would want Patty Chong in my courner ( i apoligise for the spelling but got a new lap top cant figer out how to get the spell check working )