Mega Thread General Pre-Season Discussion, News and Updates

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Obviously something happened to cause him to plead guilty, but we'll never know the truth.
 
Obviously something happened to cause him to plead guilty, but we'll never know the truth.

All it is is the old legal trick of charging some guy with 100 things or something really really bad and then indicating you are ready to do a deal to get a conviction on a lesser charge.

Unless you have a financial backer the thought of endlessly defending yourself gets either too expensive or too insidious so you plead out.

It is called "Lawfare". Basically they would have said to Milne let us get a conviction for a lesser charge and we will go away and leave you alone. Whatever punishment will be meted out will be at the low end of available remedies too I bet.

The punishment is not the legal remedy it is the process, or threat of process, that will drain you of all resources.

it is an insidious disgusting thing and is widespread.

It is also well covered here http://columbialawreview.org/ham-sandwich-nation_reynolds/ which is a fantastic essay about the issue from a Americam point of view.
 
Can this be the Sydney 2015 pre-season thread as well?

Yeah sure, it's quiet enough now that it makes sense to have a single thread for pre-season updates. If you want more content we might have to fly Punts up to Sydney each week to provide training reports :p
 

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All it is is the old legal trick of charging some guy with 100 things or something really really bad and then indicating you are ready to do a deal to get a conviction on a lesser charge.

Unless you have a financial backer the thought of endlessly defending yourself gets either too expensive or too insidious so you plead out.

It is called "Lawfare". Basically they would have said to Milne let us get a conviction for a lesser charge and we will go away and leave you alone. Whatever punishment will be meted out will be at the low end of available remedies too I bet.

The punishment is not the legal remedy it is the process, or threat of process, that will drain you of all resources.

it is an insidious disgusting thing and is widespread.

It is also well covered here http://columbialawreview.org/ham-sandwich-nation_reynolds/ which is a fantastic essay about the issue from a Americam point of view.

Or maybe he did it?
 
Just found this little bit interesting:

http://wwos.ninemsn.com.au/article.aspx?id=8924777

Eade admitted he had been frustrated by the days spent thrashing out a compensation deal for Collingwood after he agreed to leave with two years left on his Magpies deal.

"It was frustrating from my point of view and I imagine the Gold Coast as well but (Collingwood president) Eddie (McGuire) is a very passionate man," he said.

"I spoke to him a few times over the last couple of days and fortunately it all got sorted out."


That's certainly a perfect way to help run your club into the ground Eddie... Who in their right mind would choose the Pies (and more-so, Eddie) over another club when should a senior coaching role come up you have to fight tooth & nail to get there when most other clubs will basically let you go for it and play nice. Why would you choose the club that plays hard ball and doesn't respect it's people when so many other clubs have shown otherwise?

Good work Eddie, keep it up.
 
All it is is the old legal trick of charging some guy with 100 things or something really really bad and then indicating you are ready to do a deal to get a conviction on a lesser charge.

Unless you have a financial backer the thought of endlessly defending yourself gets either too expensive or too insidious so you plead out.

It is called "Lawfare". Basically they would have said to Milne let us get a conviction for a lesser charge and we will go away and leave you alone. Whatever punishment will be meted out will be at the low end of available remedies too I bet.

The punishment is not the legal remedy it is the process, or threat of process, that will drain you of all resources.

it is an insidious disgusting thing and is widespread.

It is also well covered here http://columbialawreview.org/ham-sandwich-nation_reynolds/ which is a fantastic essay about the issue from a Americam point of view.


Not true. The fact is if you are innocent and the evidence points that way it is far better to fight the case. Criminal trials have far less adjournments than civil matters. He could have gotten legal aid if he was seen as being cash strapped, which I don't think is the case here. He pleaded because the evidence was against him. He has admitted having un-consenting sexual intercourse with the young lady. He has admitted that he not Montagna was the man who sexually penetrated the girl without her permission. You don't do a plea deal of this magnitude if you are innocent because as Bedford says he could be looking at long term gaol time. Columbia University is an American institution and you are quoting the American legal system. We do not work on the American legal system, where prosecutors rely on convictions in order to keep getting elected. Our prosecutors are not elected they are appointed from interview and paid by the state. In our legal system it is illegal to railroad an accused and if this happens an appeal is most likely to overturn the conviction and award costs to the accused. Please do not confuse our system with the American system. The American system relies on circumstantial evidence to a great deal that isn't allowed in our courts, things like hearsay.

In all my belief is that Milne would not have pleaded out if he was totally innocent. Rape or aggravated sexual assault were probably not even on the agenda in reality as this was a case with consent as the key. Indecent Assault seems to more fit the scenario. Obviously someone else has borne witness, probably two people, and Milne felt he was cactus and took the plea.

Again please DO NOT CONFUSE THE AUSTRALIAN LEGAL SYSTEM WITH THE USA!!! All those American TV shows corrupt our sense of our own system
 
Just found this little bit interesting:

http://wwos.ninemsn.com.au/article.aspx?id=8924777

Eade admitted he had been frustrated by the days spent thrashing out a compensation deal for Collingwood after he agreed to leave with two years left on his Magpies deal.

"It was frustrating from my point of view and I imagine the Gold Coast as well but (Collingwood president) Eddie (McGuire) is a very passionate man," he said.

"I spoke to him a few times over the last couple of days and fortunately it all got sorted out."


That's certainly a perfect way to help run your club into the ground Eddie... Who in their right mind would choose the Pies (and more-so, Eddie) over another club when should a senior coaching role come up you have to fight tooth & nail to get there when most other clubs will basically let you go for it and play nice. Why would you choose the club that plays hard ball and doesn't respect it's people when so many other clubs have shown otherwise?

Good work Eddie, keep it up.

Eddie is a "passionate" man?

I love a good euphemism. Well played, Rocket. :D
 
There is precedent. McAlister was the same.

Eddie is simply a John Elliott clone. Just another pimple to rise on the puss-bubble footy is so good at producing.

Big Jack was a colossus over the sport. Arrogant. Manipulative. Big on what was good for his own club and bugger the rest. Insular regarding expansion. An economic rationalist interested in seeing 2 or 3 clubs die so that he could raid their corpses for whatever he could get to make the Blues stronger. He was like a like a VFL version of Gordon Gecko. Right down to the insider trading analogy with his paper bag salary cap rorts. All of it.

But no matter the term at the top, a fall was always on the cards for Elliott. The hated have no friends when they fall. They get kicked inn the head on the way out the door. It was hard to believe he'd ever be toppled at the peak of his reign. Eddie is the same. But his time will come.

The Racism moment last year gave everyone a glimpse of how quickly his Presidency could end. His 'media' power really is tenuous. He's only powerful because we as an industry hand him that power. But if the public ever turns on him it'll a quick and violent decent into irrelevance.

Time isn't kind to autocrats and Brawlers. They get found out in the end. Every time.
 
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