Ben Roberts-Smith: A war-crimes trial masquerading as defamation action
In some ways, this is a war crimes trial masquerading as a defamation action, conducted under the peculiar rules of engagement that apply in defamation law. On the one hand, like a prosecutor, the publishers bear the burden of proof, but to the lower civil standard. Roberts-Smith’s case will fail if the publishers can prove, on the balance of probabilities, that the imputations their stories conveyed are matters of substantial truth.
Unlike the position in a criminal trial, Roberts-Smith has no practical right to silence. In order to explain the damage to his reputation, he will give evidence and be exposed to cross-examination.
Relative to the position of the prosecutor in a criminal trial, these matters favour the publishers. On the other hand, the publishers have available to them none of the coercive powers that are deployed by police and prosecutors in criminal investigations. They are powerless to execute search warrants or conduct interviews with uncooperative witnesses.
There has been no committal hearing to tease out and test the evidence. The publishers do not have access to the wealth of material generated during relevant investigations conducted by the Brereton inquiry, the Australian Federal Police and the Office of the Special Investigator. These matters favour Roberts-Smith.
A Federal Judge Overturned California’s Assault Weapons Ban—and Likened AR-15s to Swiss Army Knives
So how are we to understand this sequence of events?
Cautious or craven? The saga of Four Corners program on Morrison and QAnon has laid bare fractures within the ABC
Given the pressure the ABC is under, and given that the ABC’s own people are leaking, it is understandable to be concerned that Anderson has crumbled to political pressure.
Insiders say that it is the first time in decades that a program already scheduled has been pulled. They contest any suggestion that this is the normal operation of editorial processes.
On the other hand, internal communications dating from early this week speak not of the program being pulled, but rather of delay, to allow for further work.
Pandemics and their treatment
SA shows the world how to end the curse of coal
South Australia offers vital lessons for other jurisdictions on transitioning from a fossil fuel-based electricity grid to a low emissions, high renewables grid, a report released by the Institute for Energy Economics and Financial Analysis (IEEFA) this week found.
From blame game to dog’s breakfast: how Australia’s aged care homes were left open to Covid again
The most informative analysis and 17 minutes delivered FREE of the decisions currently and proposed that affect and will affect the majority of us systematically proposed by those that have been chosen to lead us. A must listen to 17 minutes.
https://podcasts.apple.com/au/podcast/weekendwrap-jun-6-2021/id1528299411?i=1000524367719
Fake News and Misinformation exposed
TIPS FOR SUNDAY, JUNE 6
Tell us the news here. As the West slowly goes mad.
The
say nature is kind that those suffering Dementia, Alzhiemers or
simply going around the twist aren't ever really aware of it. Andrew Bolt
certainly proves that point, very much alone in a world of his own. He promotes himself as a " A leading journalist and commentator", yet wouldn't pass journalism 101 even after over 30 years with the Murdoch empire. Murdoch single-handedly has brought the profession into global disrepute. Bolt is more a failed right-wing wanna-be guru, a wish to be cult figure for the aged still locked into the 50's politics of reds under beds, the select chosen, with a god given right to rule. Charlie Chaplin made a film about a characters like Andrew Bolt and what they dream for called The Great Dictator. In abattoirs these would be influencers are better know as Judas rams.
TIPS FOR SUNDAY, JUNE 6
Tell us the news here. As the West slowly goes mad.
The say nature is kind that those suffering Dementia, Alzhiemers or simply going around the twist aren't ever really aware of it. Andrew Bolt certainly proves that point, very much alone in a world of his own. He promotes himself as a " A leading journalist and commentator", yet wouldn't pass journalism 101 even after over 30 years with the Murdoch empire. Murdoch single-handedly has brought the profession into global disrepute. Bolt is more a failed right-wing wanna-be guru, a wish to be cult figure for the aged still locked into the 50's politics of reds under beds, the select chosen, with a god given right to rule. Charlie Chaplin made a film about a characters like Andrew Bolt and what they dream for called The Great Dictator. In abattoirs these would be influencers are better know as Judas rams.
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