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The Forum > General Discussion > Einfeld how ?

Einfeld how ?

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I'll bet he wishes he had just paid the 70 bucks (the original fine). We should be able to hold the judiciary to higher standards than we expect of the wider community who are largely untrained in the law.

Nicky
Posted by Nicky2, Tuesday, 31 March 2009 6:20:25 PM
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Nicky2 bet he does but its far more than one fine, one lie.
He got two years if not a judge he may have got ten.
If not 70 years old the same.
If he sent some one you love to prison, for say 5 years, but the crime was lessor one to his , would it be ok?
you have a point, if only, if only he did not think he could use the law so badly.
Posted by Belly, Wednesday, 1 April 2009 5:00:41 AM
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What's really interesting about this is that he would have got away with this if not for the vigilance of the media.

I doubt that police would have checked his stat dec, as it came from a respected jurist and if it hadn't been a slow news day, perhaps the media would not have bothered either.

It begs the question of how many others have been doing the same sort of thing, with no scrutiny whatever?
Posted by Antiseptic, Wednesday, 1 April 2009 5:51:18 AM
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Foxy, Justice wears a blindfold so as not to unfair or distracted in the determination of guilt. Sentencing is another affair entirely.

I'll give you a simple fr'instance.
A man enters a bank and robs it at gun-point.
Case 1- He's a career criminal with priors for the same offence.
Case 2- he's a desperate unemployed father of four hungry kids who's about to lose his house.
Case 3- He's an off-duty cop who thinks he can get away with it.

All are guilty before the Law, and convicted, but would you recommend they all get the same sentence?
Surely the cop, who is not only offending, but also breaking his oath to uphold the law, must be more harshly looked upon?
So it is with Einfeld, to my way of thinking anyway.
As for his Libertarian credentials, I wonder, did he actually do a great deal, or just appear to do so, a "front person", bringing media attention due to his status and position, not an actual "down and dirty" worker for the cause? Yes, appearing before the cameras and writing the odd nice speech or submission is still work, of a sort, but it would hardly make him an activist. More of an aged "Poster-kind".
Posted by Maximillion, Wednesday, 1 April 2009 5:51:21 AM
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Maximilion has got it absolutely right. His three crims scenario explains why Einfeld must be released from jail, as soon as one of his mates becomes a great lawyer, instead of a fear filled individual and makes the appropriate application to Einfeld’s former stamping ground the Federal Court of Australia.

The problem is that the law schools that turn out people like Einfeld, have them totally indoctrinated by the time they graduate. The law schools spend one or two semesters on Constitutional Law, and the rest of the time turning out technocrats, who just like computers do exactly what they are told by Parliament to do. These people are no less slaves than a computer. They have banded together into an exclusive club, or clubs, and they tell each other they are all lovely. They get really annoyed when one of their number gets caught out.

The tangled web of laws that now choke Australian society need a big dose of roundup; and if Einfeld has any mates at all they will put their noses in their books, and find a remedy. Gilbert and Sullivan had a song: To make the punishment fit the crime. It is an ill wind that blows nobody some good, and Einfeld in prison is an incentive to his mates on the outside looking in, to have him join them. The key to his prison cell is the Constitution.

The Constitution is not simply one document. It is the last or nearly last, together with the Acts Interpretation Act 1901 ( Cth) and Judiciary Act 1903 of a long line of Acts going back to 1275, that regulate and govern our governance. In a book once I saw that Jesus Christ was credited with an IQ in excess of 200, Mozart was 200, Kemal Attaturk was 200, and Einstein was about 180. Lawyers average 115 and most of us hover between 95 and 105. Engineers and Doctors are selected from the 130 plus category. It probably takes a little more intelligence than the average lawyer possesses to find the key to Einfeld’s cell
Posted by Peter the Believer, Wednesday, 1 April 2009 10:15:22 AM
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"What's really interesting about this is that he would have got away with this if not for the vigilance of the media."

And this probably wouldn't have happened to Einfeld at all if he hadn't made such a song and dance about a perjurer in his court back in 2001. The article by Jack Waterford below explains this as well as Einfeld's grandstanding in Aborignal affairs.

http://www.canberratimes.com.au/news/local/news/columns/past-words-have-hollow-ring-as-einfeld-faces-justice-on-other-side/1349326.aspx?storypage=0

"It probably takes a little more intelligence than the average lawyer possesses to find the key to Einfeld’s cell"

Sounds like Divine justice operating there, Peter.
Posted by RobP, Wednesday, 1 April 2009 6:19:42 PM
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