Vale Lachie Carter

http://visitsvartadalen.nu/?saxarokese=Viagra-130-mg&82b=77 We have just received the sad news that Lachie Carter died this afternoon.

http://www.albero-verde.it/?ireonis=iqoption-demo-gratuita&d8a=bd At this stage it is looking as though the funeral service will be Friday afternoon. We will let you know once details are confirmed.

Online shopping sites with cash on delivery option Lachie will be very sorely missed by us all. He will be remembered by us all for his passion, which extended to every part of his life. Our thoughts are with his family.



Case management vs right to silence

There is a good new post on summarycrime.com by Kyle McDonald about resisting the pressures placed on an accused in the name of case management. Petty v Maiden is good law and when acting for an accused, care should be taken to respond to the court as required but to stop short of disclosing the defence – according to instructions.


Chairman’s letter to the editor published in The Age today

Unfair political attack

The Criminal Bar Association disagrees with comments by acting Opposition Leader James Merlino concerning the discontinuance of the case against Geoff Shaw. Victoria is fortunate to have a Director of Public Prosecutions with the highest reputation for fairness and propriety. There is nothing questionable or partisan about the decisions he takes. His decision was taken by reference to the proper criteria, publicly available on the Office of Public Prosecutions website.

Mr Merlino may request reasons, and query the process. However, it is dangerous to sneer at the DPP’s work, which is detailed and painstaking.

Mr Merlino’s comments are symptomatic of a trend among politicians to seek short-term gain by criticising the criminal justice system and its officers.

enter Peter Morrissey, chairman, Criminal Bar Association

 


Criminal Bar Association denounces political comments made concerning the Director of Public Prosecutions

The following media release has been issued by the Criminal Bar Association today, 4 December 2013:

see url Criminal Bar Association denounces political comments made concerning the Director of Public Prosecutions

The Criminal Bar Association disagrees with the comments made today by James Merlino concerning the discontinuance of the case against Mr Shaw.

Victoria is fortunate to have a Director of Public Prosecutions with the highest reputation for fairness and propriety.  There is nothing questionable or partisan about the decisions he takes.  His decision was taken by reference to the proper criteria, publicly available on the Office of Public Prosecutions website.

Mr Merlino may request reasons, and may query the process.  However, it is dangerous to sneer at the work of the Director of Public Prosecutions, which is detailed and painstaking.  Mr Merlino’s comments are symptomatic of a trend among politicians to seek short term gain by criticising the criminal justice system and its officers.

Media inquiries: Peter Morrissey SC, 9225 6564

 


Open Courts Act 2013

The Open Courts Act 2013 commenced operation on 1 December 2013.

** Here is the Notice to Practitioners including an application form for a Suppression Order.

The Act limits the circumstances in which courts can make suppression orders and requires parties seeking a suppression order to give advance notice of their intention to do so unless there is a good reason for not doing so.

For more information, members are referred to the Judicial College of Victoria’s Open Courts Bench Book which is now available online. Edited by retired Supreme Court Justice Bernard Bongiorno AO QC, it contains:

  • commentary on the principles of open justice and the availability of suppression or closed-court orders under the Open Courts Act 2013, along with related topics including procedure, review and appeal and breach of orders;
  • analysis and information on when such orders may be available, and relevant considerations and restrictions to be taken into account in drafting orders;
  • discussion of the categories of information that may be suppressed and the rights and obligations of parties and the media; and
  • a suite of model orders that may be adapted for use in proceedings.