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NewsBriefs© # 072 - Roundtable Law College - ABN 54293240177 - Website: golaw.com.au
1. Qld Crime and Misconduct Commission investigating bribery allegation against Qld Premier Peter Beattie
2. Have Your Say - “If you were a juror... would you convict Premier Beattie for bribery and corruption?”
3. More about Default Consent – “Does failing to object during a trial affect your right to appeal a decision in a higher court?”
4. New email number for NewsBriefs© subscriptions
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1. Crime and Misconduct Commission investigating bribery allegation against Qld Premier Peter Beattie
According to an article in today's “The Courier Mail”, Qld Premier Peter Beattie has referred a bribery allegation made against him to Qld's Crime And Misconduct Commission. http://www.couriermail.news.com.au/printpage/0,5942,12352766,00.html
In the article, Premier Beattie is alleged to have said: "And there are some other matters that I want to talk to the council about such as the $800,000 debt.”
"I know that my director-general who is outside might have a heart attack, but if the council opens the centre with me today, I will clear that debt from my own Premier's budget but the centre must be opened today.”
"Look, if we go up there together and open the centre today, the debt will be cleared.”
The article also suggests that a top Sydney barrister has provided legal advice that Mr Beattie's actions "may involve official misconduct".
The article also goes on "I am not in doubt that the Premier's offer to waive the debt in exchange for council's participation in the opening ceremony was itself a corrupt request," the barrister's advice said.
2. Have your say
“If you were a juror and you were satisfied that the allegations in The Courier Mail are true, would you convict Premier Peter Beattie of bribery and corruption knowing that the Premier could be jailed for 14 years?”
3. More about Default Consent – “Does failing to object during a trial affect your right to appeal a decision in a higher court?”
The following definition for “Objection” is published in a US court’s glossary.
Objection
“When
an attorney alerts the judge to potential problems which may be
caused by admission of evidence and asks the court to prevent the
jury from hearing the evidence. An attorney who disagrees with a
ruling by the court must register an objection to that ruling in
order to make the trial record clear and establish the right to
object to the ruling before the appellate court, should there be an
appeal.”
http://www.mad.uscourts.gov/LocPubs/crimglossary.htm
If you have used the above direct court link, once again, it would appear that by not objecting in court, a person MAY be giving their default consent or implied consent, and waiving entitlements to object or challenge a decision at a later date. Perhaps that may also explain why so many are told by their legal-aid funded solicitors and barristers that they are unable to appeal many decisions, and may only appeal the sentence.
4. New email number for NewsBriefs subscriptions
The new email number for NewsBriefs and Roundtable Law College is admin@golaw.com.au
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