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The Forum > Article Comments > Tis the season of justice? > Comments

Tis the season of justice? : Comments

By Rob Moodie, published 8/1/2007

Is our legal system about justice or is it about money and power?

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I too thank LegalEagle. I've got your blog URL and will be in touch in a week or so. I'm about to go on hopefully a short holiday where internet is not permitted. Yay!

Rob points to a particular case but it is the same in most cases is it not?

Justice does not exist for most people, never has really. Why do governments do nothing about this? Simple really. They use this overwhelming legal and financial power on the public themselves of course. Our money turned against us. They have no interest in changing that as they are the biggest misusers of legal threats and the like.

If private companies do it too then who can blame them. They have been shown the way and follow gladly.

I'd ask that people read what is written when enquiries and pending DPP cases are dropped or find no fault. What is usually said is that "insufficient evidence was found". Not "Mr/Ms X is innocent and has done nothing". It is abuse of the "innocent until proven gulity" facade we live under. Todays' clearance of Peter Beattie from the charge of bullying an MP was dropped due to no evidence. Being found or disclosed that is but the last bit is not said publicly.

Insufficient evidence? Documents destroyed, witnesses lie, governments block people from speaking up. Insufficient evidence? I don't think so.
Posted by RobbyH, Tuesday, 9 January 2007 10:39:21 AM
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While ever we have an adversarial system, it will be 1) win at all costs and 2) conceal most of the evidence.
The adversarial system is not about finding out the truth; it is merely trying to prove something. Therefore there is a need to control the evidence; and therin it controls the system. It has been publicly, and I must stress publicly, stated that lawyers are serial liars. They will, and do, say anything, to win their case. It is not a system that the ordinary person can put any trust in or expect any justice from. I say again: the many faults contained within it have been in the public arena for many years, yet still nothing is being done. The Law Reform Society (and this body is the only one who has been actively involved in doing anything), has done too little to be taken seriously. Who has the vested interests? The balance of power must begin to swing in the opposite direction.
arcticdog
Posted by arcticdog, Tuesday, 9 January 2007 1:46:59 PM
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missed this earlier :-(

The first reason our legal system is faulty is our High Court. Australia's High Court was given independance and security because Australians did NOT do NOT trust those who wish to govern them.

How our legal system and our political system operate is the consequence of decisions made in the High Court. Perhaps we should elect our High Court Justices.

Certainly a better legal system could be a system where legal practitioners were employed on a medicare style system with their wage levels assessed and paid by a Legal Commission.

Everyone have opportunity to be represented.

We pay Police, Defence, Doctors etc so why not society employ legal practitioners similarly ?

As with Medical Doctors if our legals began working on community payroll then as achieve better skills and or reputations, can spend more %time in private practice and pay more taxes...

There are many people scattered around Australia with cases stuck in the limbo land of permanent stays from lack of representation and the costs of having issues judicially resolved.
Posted by polpak, Wednesday, 7 February 2007 10:25:21 AM
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