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The Forum > Article Comments > Innocence not compensation enough > Comments

Innocence not compensation enough : Comments

By Tim Meehan, published 23/3/2006

A story of rape allegations, a family torn apart, a father in custody - and then found to be innocent. Compensation? Forget it!

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here here.

A common sense solution, i would like to see the accuser be pursued for the monies in some blatant cases, even if it does spoil her lifestyle for a few years.
Posted by Realist, Thursday, 23 March 2006 9:52:27 AM
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the Problem is what if a habitual criminal is found innocent of murder due to lack of evidence are you say this person should be compensated too?
Posted by Kenny, Thursday, 23 March 2006 11:46:56 AM
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I think it is so sad. What a nightmare for this family, it's just so wrong! The system is an absolute joke.

The least they could do is pay compensation to those where it has been made clear because of the evidence that they are innocent and its not because of lack of evidence.

That would help, but of course it should never have come to this. The matter should have been looked into and investigated properly and fairly in the first instance, it would have saved so much anguish and despair - not to mention money.

They have things all wrong, they do things backwards.
Posted by Jolanda, Thursday, 23 March 2006 12:11:14 PM
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As has often been said, we don't have a justice system, we have a legal system.
Posted by Rex, Thursday, 23 March 2006 12:41:53 PM
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14 and 28, that's carnal knowledge right? Wonder if the neighbour who actually did commit a sex crime has been charged. Sounds like not.
Posted by HarryC, Thursday, 23 March 2006 4:02:39 PM
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the Problem is what if a habitual criminal is found innocent of murder due to lack of evidence are you say this person should be compensated too?

Posted by Kenny, Thursday, 23 March 2006 11:46:56 AM

Kenny, what you have said, is it - if a person has been found innocent of murder, then obviously the person is innocent.

You are obscuring the point where many people often give perjured testimony against innocent people - and innocence should be compensated - regardless of your own petty prejudice.

Of course it would never happen to you ..... would it?
Posted by Kekenidika, Thursday, 23 March 2006 4:59:48 PM
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Just a side point: Does Queensland still have carnal knowledge / age of consent laws?

It is obvious that this girl refused medical examination because it could have also shown what her new 'lover' (not that love ever came into this) was up to:

The next door neighbour should be in gaol, no 28 year old man (or woman) should be involved sexually with a 14 year old.

(Actually no one should be sexually involved with a 14 year old: or is it unfortunately accepted now that a 16 year old can have sex with a 14 year old, but cannot take pornographic photos of them? The sex not being a crime anymore?)

Maybe if the police had investigated this area, even against the girl's wishes, this sorry saga may have had a slightly changed end.

I know that in NSW an accused person can be reimbursed costs if the Judge rules that the charges should never have been brought even to the committal stage: I cannot remember the exact wording that I have heard a Judge use - it has been a while - but it was in a trial where there was a directed verdict - directed because the evidence adduced in cross examination at trial should have been obtained by the police in their initial investigation.

There is scope for reimbursement of costs, and I appreciate what it being said here about the limitations being placed on the committal system in Queensland.

Whilst overly vigorous cross examination of the alleged victim of sexual assault should be avoided at committal, there is surely a balance that could be found: one possibility being a series of questions being formulated before cross examination starts and being agreed to by both sides and the magistrate.

This would avoid the alleged victim being subject to a battery of questions that objections from the prosecution would not take the sting out of.
Posted by Hamlet, Thursday, 23 March 2006 6:10:50 PM
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Frankly, I’m a little surprised that the father was not ordered to pay child support to his 14yo daughter’s new primary carer. Guess that’s yet to come.
Posted by Seeker, Thursday, 23 March 2006 7:29:56 PM
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As the Government has not supported men for 10 years, women can now even sniper kill their hubby and be let off !
The "LEGAL" system is legislated by politicians, with femminists now controling men emotionly and financially !
If your a smart man in today's anti-family society and wish to have assets etc; Mrs Palmer is always there when you want it .
Posted by What Justice, Friday, 24 March 2006 1:46:40 PM
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The thing is that people cant just assume that by submitting a lie to the DPP the courts will then help them to get their way. It is the same as those who request a Violence Restraining Order and then a day later ring up their estranged partner saying it is alright and all is forgiven. They dont realise that the issue is not now between two people it is between either side and the Government in the middle. It annoys me no end that people can make grandiose claims and then even after it is proven to be false they can just get on with their lives while everyone else trys to pick up the pieces. Enough ranting for one night.
Posted by electrik-rhetoric, Friday, 24 March 2006 11:36:02 PM
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you would be suprised how many men are in jail for something they did not do. i met this mother at the prison and had met the father while visiting my fiance. no the boyfreind was not charged and they were subjected in living in a caravan. the daughter actually demanded that she live with her boy freind or daddy goes to jail. this is what happens when children have more rights than a parent. they actually laughed at the mum for days. what system do we have
Posted by guragun, Sunday, 26 March 2006 10:18:28 PM
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Great article.
Posted by Steel, Wednesday, 29 March 2006 12:51:05 PM
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You miss the point. Defence is allowed to x examine at commital hearings ( with regards to sexual matters & children) if they apply for a directions hearing. They have 2 weeks to lodge the application before the magistrate, this is what should have been done in this matter......ridiculous.
Posted by Chelle, Tuesday, 12 September 2006 4:21:10 PM
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