Life Changing Injury

Thursday, July 20, 2006

Revelations

I called up a friend and attorney, who finds my ideas amusingly naive, and he said, "Oh, and that presumption of innocence that you and others are always on about?"
"Yes?"
"It only applies in Australia in a jury trial.", he said. "In a magistrate's court, he or she can assume whatever he or she wants."
I've got to admit it took me by surprise. "So when the magistrate I faced seemed to be drawing conclusions about things that were not presented in evidence, -- It could have been that he was just assuming things about the case?"
"Spot on," he replied. "Or he may have been going on things that were sent to him by her attorney."
"What? -- You mean before the trial??", I was flabbergasted at this point. "Her attorney could have sent him a letter about the case?! -- Isn't that ex parte?"
"Of course," he said, obviously amused again. "This is family law. I told you it was different. Her attorney could have sent him a letter, or just called him in his office."

"The why bother even going to trial? The judge could just write up a judgment and mail it to me!"
"You did say the magistrate seemed to have his decision written up before he came to court.", he chuckled.

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