The Forum > Article Comments > The common good trumping individual rights > Comments
The common good trumping individual rights : Comments
By Mirko Bagaric, published 6/2/2007Lessons to learn from Chris Hurley and Rodney King - accountability and pragmatism often sharpen one’s moral focus.
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“... coroners investigation and a Judge have found there is sufficient evidence to lay charges and yet the DPP, CMC and the Police union ...”
“There were two people responsible for reviewing the case to determine if charges should be laid; Coroner and then DPP. Their opinions varied wildly. A third party was called in ...”
Coroners (or Acting Coroners as in this case) don't determine if charges should be laid. That is the role of the DPP for these types of matters. At most a Coroner can refer a matter to the DPP.
Kalali
“mjpb, perhaps you ought to read the (Acting) coroners findings, in it you'll find the references to that video camera as posted by darwinboy.”
Good idea. I did so and it probably gave me a much more detailed and accurate understanding of the incident. I say “probably” because coroners aren’t bound by the same rules of evidence that courts are. The purpose of the rules is to ensure fairness and accuracy.
That said, Darwin said that cameras were turned off just before they entered and turned back on after the human being was deceased. That is incorrect. I think that type of thing happened at Logan Brisbane. I don’t believe anyone died however. Rumour alone connects it to this matter.
You make a lot of good points but they don’t apply to the issue that has become controversial. Mirko has a better understanding of the legal issue. I refer you to my first paragraph not specifically addressed to you.
I also note your comment "negligent or deliberate". Are you referring to the delay in medical treatment and nudging the deceased with the foot to check if he was okay something criticized as a hopelessly inadequate way of managing someone even if he was just intoxicated (blood alcohol concentration of 0.292)?