02 August 2010

Justice Part II

The Reply: In my Blog of 25 July I went on about how the 'justice' system is a farce. In this weeks Sunday Star Times the Justice Minister Simon Power (who I think is one of the better ones we've had lately) responded to the points put to him.

It was the usual politicians speak that 'we (National) are changing and improving things and the last lot were weak and did nothing' - yeah right.

His responses were basically -

How can the defence select the lawyers of their choice but the victims can't -
Tough - the crime is really against the State so they select the lawyers.


The right of silence -
He moved the point by saying that people could be coerced into a confession by the Police unless they could have the right to silence. The point was not silence when being interviewed but at the trial. A witness must give evidence but the accused doesn't.

Why do we not lead the world now as we once did with reforms (eg majority verdicts - took us years to bring this in) as he said he would look into it as it was being done away with in the UK under certain circumstances.


Why have a Depositions in the case of an obvious case to answer -
He has made it simpler - he says.


How come only the defence can have an Appeal -
Didn't answer
but I understand the Crown can but rarely does it.

State aid -
Says he has improved the payments
.

Why should victim impact statements be censored -
He said he is 'mindful' (good lawyer speak) and is to look into it

It is time for our adversarial system to go -
Will investigate a change - which means nothing will happen for 50 years

Not in the Dock. -
It is up to the Judge.

He didn't answer how the accused can communicate with the Defence but the victims can't.

I read an article recently where the Australians are trying to reform their legal system. Best of luck.

Australians are familiar with the Magic Pudding, a fantastic creation in that no matter how much of it is eaten by Bill Barnacle, Bunyip Bluegum and friends, it always returns to its original size and shape.

They say the Magic Pudding is a bit like the legal profession - forever plumped up, no matter how many reformist plans are nibbling away at it.

Despite the ceaseless outcry from consumers over costly and cumbersome litigation, lawyers do not like reform, unless done by law reform commissions or other outfits run by lawyers.

When a delegation of lawyers went to see Cardinal Richelieu in France to argue a reform would take away some of their business, they pleaded, ''Even lawyers have to eat, Cardinal.''

''Not necessarily,'' was his icy reply.

Now there's a reform.

Prisons: There was a TV documentary last week about Wormwood Scrubs (UK) prison. It showed various aspects of the life and that the British are as mad as us. They are not allowed to search the prisoners so have a special chair they sit in which is like a metal detector.
Nuts. Change the bloody law.

It also had video of visitors handing over weapons, phones , drugs etc, Have a perspex barrier - prisoners one side, visitors the other. Oh we can't do that the prisoners have rights.!!

Meanwhile here one of our notorious killers Graeme Burton had a knife. How ??