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Legal Herald - THE LAW AND YOU

BLIND JUSTICE, NO WAY!!!!

July 19th 2007 00:25
The quashing of the criminal conviction against famous Australian celebrity Matthew Newton and son of legendary entertainer Bert Newton is a stark reminder that justice is not blind and that indeed the rich and famous receive lighter sentences or convictions. When walking inside a court room we want to believe that there will be no prejudices held against us such as race, gender, socio-economic status, but it can be argued that indeed justice does “peek”. Unfortunately it sometimes depends on who you are more than on what you do! The actual symbolism of justice is represented by a blind-folded woman holding a set of scales and is still used today. The ancient Greeks referred to the goddess as “Themis” while the Romans called her “Justitia” and she was usually portrayed as evenly balancing both scales and a sword and wearing a blindfold. Hence the blindfold symbolises that differences will not be looked at in a court room, and that we will all be dealt with equally. However, in numerous criminal matters last week in Country NSW similar domestic violence matters received criminal convictions. Many of the convicted do not have the funds to appeal matters to a higher court so it is difficult to have convictions quashed. According to newspaper reports the reason that Matthew Newton was able to “get off” without a record is due to his celebrity status and his counsel argued in court that this would have a devastating affect on his ability to make a living.
courtesy; www.morguefile.com



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photo by Xandert courtesy; www.morguefile.com
The arrest this week of Gold Coast Doctors Mohammed Haneef 27, and Dr Mohamed Asif Ali 26 in relation to the failed bombing attacks in London and Glasgow Airport has once again raised issues over the Anti-terrorism laws in Australia and whether or not they are too harsh. At this moment Dr Mohammed Haneef is still in custody while Dr Ali was released by the Australian Federal Police and simply told to go about his business “as usual”. But can you simply go back to the community after you have been accused of terrorism? For example it is unclear if Dr Ali can return to work. Similarly last year an Art teacher was arrested for having explosives piled up in his house which led to police sweeping in and arresting the teacher for fear that he was “planning an attack”. Many claim that the Anti terrorism laws implemented in an effort to safe guard Australia against terrorism is simply too “heavy handed” and that we should not forget the writ of Habeus Corpus. The writ of Habeas Corpus is a petition filed with a court by an imprisoned person who objects to his own imprisonment. In Brown v. Vasquez the court observed that the Supreme Court recognised the fact that the writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action. Lets hope that if the Doctors are not involved in the attacks that they may go back to their lives........ but it seems very unlikely.
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I AM GUILTY SAYS BUILDER

July 6th 2007 03:56
courtesy: www.freefoto.com
A licensed builder who destroyed part of a Heritage Listed house in Sydney's plush suburb of Wahroonga was ordered to pay fourteen thousand dollars by the NSW Land and Environment Court in Sydney. The builder Joe Vinci pleaded guilty to the destruction of the inside wall of the heritage listed house. Ironically it was Vinci's first job since starting his own building business and the prosecutor for Ku-ring-gai Council Mr Howard argued that Vinci should pay the maximum amount imposed for his breach of section 125 [76A] of the Environmental Planning and Assessment Act 1979. Vinci's counsel Mr Clay argued that although his client had committed a grave error when destroying the wall no major "environmental harm" had occurred during the destruction. Clay also asked Justice Pain to take numerous other factors into consideration when deciding the fine to impose such as the fact that Vinci would restore the wall and also that this was his first offence.
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The Administrative Decisions Tribunal in Sydney upheld a decision by the Commissioner of Police to refuse the granting of a security licence under section 16 of the Security Industry Act 1997. The Commissioner of Police claimed that the Caringbah man posed a risk to society due to his close association with the Rebels Motorcycle gang and his poor driving record that included driving while disqualified. Ian Mathie 43 from Caringbah spent over One thousand dollars on a security licence course because he wanted to turn his life around adding "it seems to me that you get painted with a brush and it dries, all I want is a second chance". Mr Pisani who represented the Commissioner of Police asked the tribunal to weigh up the interests of the public against the interests of the individual arguing that the public would not appreciate it if the tribunal were to grant the license to Mr Mathie. In deciding the case judicial member Ms Yvonne Grant had to decide if Mr Mathie was a so called "fit and proper person" to hold a security licence adding "the position of a security Officer is one of trust and a very important one". So as not to incriminate himself during proceedings Mr Mathie was asked to speak in confidence in relation to activities while a member of the Rebel Motorcycle gang. The licence was refused. Mr Mathie brought up a good point during proceedings stating that Colleges offering courses in Security Operations should disclose that there are strict guidelines into the issuing of licences and anyone with a past criminal record may have difficulty in obtaining a security licence.
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SOLICITOR SPENDS CLIENT'S MONEY!

June 24th 2007 13:33
The NSW Law Society has cancelled the practising certificate of a Sydney Solicitor claiming that the Solicitor misappropriated client’s money and also breached several rules under the Legal Profession Act 2004. The now barred Solicitor Ms Marilynn Ong has applied to the Administrative Decisions Tribunal in Sydney to have the decision reviewed but it is unlikely that the ex-Solicitor will be able to practise in the future and may even have her name struck off the roll. The Law Society’s representative My Boyd claimed in evidence that Ong was spending client’s money at the Casino in Star City where withdrawals of up to one thousand dollars per day were made. According to Bank records spending sprees at Parramatta’s Westfield Shopping Centre also took place. The disqualified Solicitor was forced to close her business Ong & Co in Parramatta after several clients complained of irregularities with payments after the Solicitor failed to pay them the correct proceeds of property sales. One client lost up to eight thousand dollars and had to be reimbursed by the NSW Law Society fidelity fund. During cross examination Deputy President Karpin became irritated at Ong when the disqualified Solicitor made excuses for the serious and inexcusable accounting mistakes. When it was revealed that Ong failed to disclose that she had been suspended to practice as a Solicitor in NSW to her new employer and was still working in the legal profession the hearing was adjourned so that the employer could immediately be notified. The hearing continues in July.

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Would You Drink Recycled Waste Water?

January 29th 2007 05:50
Glass of Water
photo by mconnors www.morguefile.com


Sometimes I wonder whether or not all the Aussie politicians ever get together and watch a pirated copy of a movie like Borat. It would certainly explain their sudden inclination towards drinking recycled waste water


[ Click here to read more ]
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It is currently in pre-production, but reports say that the movie may start shooting as early as next month - It's called Wrong Girl and it's about the controversial Sydney gang rapes that took place in 2000 by brothers Bilal and Mohammed Skaf.

There are those who support the release of such a film because it makes people aware of the issue of rape and furthermore, it makes an example of those who commit the crime


[ Click here to read more ]
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Celebrity Baby Names
photo by Pablo Gonzalez Vargas, www.morguefile.com



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Celebrity Big Brother UK Gets Racist

January 20th 2007 08:15
And now for another example of why Big Brother sux and Celebrity Big Brother sux even more.

Jade Goody was recently evicted from the UK Big Brother house. Little did she know that when she left her little abode, she would have to face hundreds and thousands of people complaining about her racist attitudes towards fellow Indian housemate, Bollywood actress Shilpa Shetty.
[ Click here to read more ]
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Naomi Campbell To Do Community Service

January 18th 2007 11:18
Naomi Campbell recently admitted that she chucked a mobile phone in a fit of rage because her employee had lost a pair of her designer jeans. Hey, they weren't just any designer jeans - they were the ones she had specifically chosen to wear for her appearance on the Oprah Winfrey show.

Meanwhile, the mobile phone unintentionally hit employee Ana Scolavino in the head. She needed four stitches and was given a rather hefty medical bill


[ Click here to read more ]
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