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The Forum > Article Comments > Victoria's judges are effectively unaccountable > Comments

Victoria's judges are effectively unaccountable : Comments

By Trevor Hoffman, published 25/3/2009

What process does the Attorney-General have in place to decide whether complaints of serious misconduct against a judge warrant investigation?

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Ken,

unconvinced you may be, but, I felt like I had had a shared afterlife experience with the author. The complaint to the detail has reduced my father from a successful business man, into a shell of a human being, his faith in the world reduced to tatters and all because of the idiocy of a judge.

I have seen 'such professionalism' too many times - I have witnessed Judges at Supreme Court level put into the Court record gems such as "I haven't read the papers, perhaps prosecuting counsel could enlighten me" or how about "I haven't read the submissions, however, they are usually unnecessary as these things tend to sort themselves out in discussions" - this same Judge then went on to fail to understand what COD stood for and said "why would anyone supply goods without having received payment in advance first" - how would this judge go if he had to order a pizza, or if someone stole it before he got it to the table!

The system is shameful.
Posted by Reality Check, Monday, 30 March 2009 5:19:38 PM
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If you read Mr Hoffmans article carefully Ken you’ll see that he’s saying that the appellate system is not designed to sniff out crooked judges and because the judicial complaint system in Victoria is useless, a crooked judge can get away with doing what he likes. He quotes one judge saying that appellate judges are very reluctant to overturn the decision of trial judges as regards "primary" facts. I asked a barrister friend about that and he said its absolutely right. He said trying to get a court of appeal to overturn a trial judges finding of fact was like trying to squeeze a camel through the eye of a needle.
Posted by breon, Tuesday, 31 March 2009 3:13:02 PM
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Take heart readers.

The problem with all Judges, is that they are told by the barristers and solicitors they are gods, when in fact they are a part of the problem. It is not just in Victoria that these people are out of control. If Justice Marcus Einfeld is not truly grateful for the hospitality of Her Majesty Elizabeth the Second extended to him by the Long Bay Correctional Centre in Sydney, he may just be the man to fix the system up.

You see most barristers and solicitors by the time they have finished law school have forgotten all they ever learned about the Constitution, and are half lawyers by the time they graduate. By the time they become Judges, they have forgotten everything they should have learned about the Constitution, and in most cases just muddle through life collecting a rather handsome salary.

We have a magnificent Constitution binding on the courts judges and people of every State notwithstanding anything in the laws of any State. You would think Judges would know all about a binding contract they are part of, but they are usually pretty ignorant about it. Now at school you would also think that a Judge would have been taught to read, and the difference between a word with a capital letter and one with an ordinary letter. Just by being a Judge, they demonstrate that their teachers wasted their time.

You see the word in the contract, the Constitution, in S 79 has the word judges. It means that a Judge is essentially an uneducated man. It means that a Judge suffers from delusions of grandeur. It means that a Judge suffers from a surfeit of pride, because judges (12 of them ) is a word referring to a higher authority than himself, the Trinity of the New Testament.

Because every Judge is not a Christian, he refuses to submit to a higher authority, the Almighty God called upon to bless the Australian people, and so becomes a curse. Lets hope Einfeld works it out. He should have been offered a fine by judges
Posted by Peter the Believer, Wednesday, 1 April 2009 3:52:27 AM
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