The Forum > General Discussion > Einfeld how ?
Einfeld how ?
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In 1996, the High Court stated by a majority of four to two that the State was not entitled to dictate the outcome of a proceeding to a court. This came about because two Professors, Fairall and Rees, wrote an article criticizing the incarceration of a person called Kable, by an Act of Parliament.
What has happened in this country is shameful, but until someone like Einfeld gives a lawyer the opportunity to bring a matter to court, then the courts have no jurisdiction to simply correct Parliamentary mistakes. I have reproduced the S 14 Magna Carta elsewhere but a part of it bears repeating again. It bears repeating because it was part of Australian Law in 1900, and this copy was found in Halsbury’s Statutes of England printed in 1960.
Magna Carta 1297 Statute
Clause 14: A Freeman shall not be amerced (fined) for a small fault, but after the manner of the fault; and for a great fault after the greatness thereof, saving to him his contenement; And none of the said amerciaments shall be assessed, but by the oath of honest and lawful men of the vicinage.
Until incarcerated by a State Judge, Einfeld was a freeman. He may have his flaws, but then a Jewish man was in a mob howling for a woman caught in adultery to be stoned to death. He alone was left when He said, let him who is without fault cast the first stone. This passage from the Magna Carta reproduces the principle above cited.
We will see how many friends Einfeld has! Hard cases make good law. With a little good lawyer work, billions of dollars can be slashed from the prison budgets, because sauce for the goose is sauce for the gander. Einfeld has publicly exposed a flaw in a naked Emperor’s clothes