Quote:And only by 1 judge. This 1 judge’s burden of proof was based only on the balance of probabilities. Note : It was not against the “beyond all reasonable doubt” test.
The outcome of most civil trials are determined by 'only 1 judge.' So what.
Here's how the proof thing works in a case like this.
Media defame someone by alleging an event occurred. Someone says event did not occur as alleged. Media agree he is defamed but say "We have a perfect defence...what we alleged happened did happen."
Burden of proving the event happened is then on the media. Proof must be on the balance of probability....more probable than not.
Judge was satisfied, on that standard, media had proven the event occurred.
Defamation claim dismissed. Judgement for media with costs, likely indemnity costs.
In this case, Judge was appropriately satisfied BRS is a murdering arsehole.
Quote:Also Aussie needs to grasp the fact that irrespective of what orders were expressly given the responsibility/accountability for each mission resides with the person/s on top who need/s to set the appropriate checks and balances to ensure everyone does their job and that their job is/remains on spec (as per all rules/regulations/standards).
Fu
ck
off with these silly motherhood statements of the blindingly bleeding banal obvious.
In these matters, BRS was the mission commander in the field....he was the check and balance, FFS. He had managed to bully his subordinates into a culture where none were willing to dob the bastard in...until Masters and that other Journo came along. (Aussies don't do dobbing well, you know, especially when the arsehole is a VC and other gong winning turd.)
The fellow digger SAS mates of BRS outed him.BRS is no ordinary run of the mill rat bag grunt. He is the Son of a West Australian Supreme Court Judge, a General, and he is obviously very well connected to people like Stokes who could not wait to hand him a highly paid sinecure. Even PwC wanted him as part of their suite of handbags to parade around the place.
Finally, within the SAS itself, there obviously was a toxic culture of
'getting away with it,' but ultimately, those very checks and balances you say do not exist have exposed that culture through the Brereton Report, and you will have seen posts around OzPol about how naughty it was for people to move for the disbanding of the poisoned SAS regiment. There are current moves to strip medals, and that seems very appropriate. It may well be that Angus Houston falls on his sword as where the buck stops, but, given that has not already happened, I suspect there are many things that we out here are not yet aware of, things which explain why Houston has NOT fallen on his sword.
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Judgement Day for Roberts-Smith (Read 3935 times)
