Updated The Bruce Lehrmann Trials * Justice Lee - "Mr Lehrmann raped Ms Higgins."

[Kurve]

Historical Rape Allegation Against Fmr AG Christian Porter
The Alexander Matters matters

Just a reminder, this is the crime board and we need to be aware that there will be victims of crime either watching this thread or engaging in here from time to time. A degree of respect in all discussions is expected.

LINK TO TIMELINE
CJS INQUIRY
FINAL REPORT – BOARD OF INQUIRY – CRIMINAL JUSTICE SYSTEM
Joint media statement – Chief Minister and Attorney-General

LINK TO FEDERAL COURT DEFAMATION PROCEEDINGS

 

[Kurve]

No, not Higgins.. she’s the victim in the matter. There’s a hint in the term “malicious prosecution” which may give away who you would submit a case against.

No doubt in the circumstances, there was some heat on to prosecute but calling it a "malicious prosecution" is a step too far imo.

 

[Cotchins Hair Piece]

No doubt in the circumstances, there was some heat on to prosecute but calling it a "malicious prosecution" is a step too far imo.

How so? A malicious prosecution is when a person (in this instance) is the subject of groundless and unjustified court proceedings. Having seen the brief and speaking to police involved in the investigation, there is no evidence to support the allegation. In fact, the actual investigators found there was insufficient evidence to proceed. A Superintendent stepped in and as a result of pressure from politicians and became the informant in this matter (a Superintendent being the charging officer is unheard of).

 

[Kurve]

How so? A malicious prosecution is when a person (in this instance) is the subject of groundless and unjustified court proceedings. Having seen the brief and speaking to police involved in the investigation, there is no evidence to support the allegation. In fact, the actual investigators found there was insufficient evidence to proceed. A Superintendent stepped in and as a result of pressure from politicians and became the informant in this matter (a Superintendent being the charging officer is unheard of).

Why are you looking at the brief and presenting as trusted with such sensitive information?

 

[Kurve]

How so? A malicious prosecution is when a person (in this instance) is the subject of groundless and unjustified court proceedings. Having seen the brief and speaking to police involved in the investigation, there is no evidence to support the allegation. In fact, the actual investigators found there was insufficient evidence to proceed. A Superintendent stepped in and as a result of pressure from politicians and became the informant in this matter (a Superintendent being the charging officer is unheard of).

 

[Angry Red Bull]

Roughly two years off the top of my head. But Brittany didn’t make a formal complaint until 2021. Purely political and media driven. Mr Lehrmann, IMO, has a very good case for malicious prosecution.

Seriously? You're suggesting Brittany Higgins of being behind a malicious prosecution? That's laughable.

The decision to proceed with charges is a police and ultimately DPP decision. Malicious prosecution is a finding that police acted maliciously in that process not Higgins herself. That inference can arise if there are CLEARLY insufficient evidence to support charges but were made anyway. Conflicting accounts from Higgins could be one piece as could lack of physical evidence. The matter had been bouncing between DPP and several senior police investigators prior to ultimate decision to proceed. At this stage we have no evidence suggesting that those in the decision process did anything other than exercise proper judgements in the decision to proceed. Whether the case is a strong or weak one will unfold in court

 

[Big_Birdy]

The decision to proceed with charges is a police and ultimately DPP decision. Malicious prosecution is a finding that police acted maliciously in that process not Higgins herself. That inference can arise if there are CLEARLY insufficient evidence to support charges but were made anyway. Conflicting accounts from Higgins could be one piece as could lack of physical evidence. The matter had been bouncing between DPP and several senior police investigators prior to ultimate decision to proceed. At this stage we have no evidence suggesting that those in the decision process did anything other than exercise proper judgements in the decision to proceed. Whether the case is a strong or weak one will unfold in court

Malicious prosecution will require a much higher bar than the case being weak also I'd imagine. The term 'malicious' is most likely providing a fairly good hint as to at least one aspect of the criteria that needs to be met.

 

[Angry Red Bull]

The only case I recall of malicious prosecution as civil remedy was Gordon Wood against the DPP. The failed forensic tests of throwing bodies of a cliff central to it. It wasn't decided as malicious probably because although it was failed forensics it was none the less expert testimony that DPP had a right to rely upon. Therefore there wasn't any malicious intent

 

[Story]

How so? A malicious prosecution is when a person (in this instance) is the subject of groundless and unjustified court proceedings. Having seen the brief and speaking to police involved in the investigation, there is no evidence to support the allegation. In fact, the actual investigators found there was insufficient evidence to proceed. A Superintendent stepped in and as a result of pressure from politicians and became the informant in this matter (a Superintendent being the charging officer is unheard of).

For a guy that must be so positive that there is no case against him, it leaves me a bit confused as to why he wouldn't want to get into court and clear his name asap. That's not what I've been seeing Lehrmann do. Tried for a permanently stay and when that didn't work he uses every excuse, one after another, it have the proceedings postponed. I'm waiting for his dog to eat his homework.

 

[Lady O]

For a guy that must be so positive that there is no case against him, it leaves me a bit confused as to why he wouldn't want to get into court and clear his name asap. That's not what I've been seeing Lehrmann do. Tried for a permanently stay and when that didn't work he uses every excuse, one after another, it have the proceedings postponed. I'm waiting for his dog to eat his homework.

Yeah, there's that pesky "innocent until proven guilty" thing.

 

[Story]

Yeah, there's that pesky "innocent until proven guilty" thing.

Wow - I had no idea that was a thing. Mind blown

 

[Big_Birdy]

For a guy that must be so positive that there is no case against him, it leaves me a bit confused as to why he wouldn't want to get into court and clear his name asap. That's not what I've been seeing Lehrmann do. Tried for a permanently stay and when that didn't work he uses every excuse, one after another, it have the proceedings postponed. I'm waiting for his dog to eat his homework.

Pointless being going to court quickly if you don’t get a fair trial.

 

[Story]

Pointless being going to court quickly if you don’t get a fair trial.

True, but that's not what my comment is in reply to. My post is in the context of another comment

 

[Angry Red Bull]

For a guy that must be so positive that there is no case against him, it leaves me a bit confused as to why he wouldn't want to get into court and clear his name asap. That's not what I've been seeing Lehrmann do. Tried for a permanently stay and when that didn't work he uses every excuse, one after another, it have the proceedings postponed. I'm waiting for his dog to eat his homework.

That is hilarious Story.....homework. very funny.

 

[Angry Red Bull]

How so? A malicious prosecution is when a person (in this instance) is the subject of groundless and unjustified court proceedings. Having seen the brief and speaking to police involved in the investigation, there is no evidence to support the allegation. In fact, the actual investigators found there was insufficient evidence to proceed. A Superintendent stepped in and as a result of pressure from politicians and became the informant in this matter (a Superintendent being the charging officer is unheard of).

Fact: Is it or is it not true that at some point she woke up and her clothes were in disarray and he was laying on top of her? Even allowing for contradictory accounts there is a need for consent and that can't be given if she is blind drunk.

He has been charged with sexual intercourse without consent. The problem she may have is proving to a requisite standard intercourse occurred.

This is very much a he said she said case and if her accounts are contradictory her credibility is in trouble.

 

[Story]

That is hilarious Story.....homework. very funny.

Thanks ARB. I'm feeling blissfully narky today. What with the lack of sleep and all the rest of it, I'm mentally tanked. But no matter what, I always seem to take my sense of humour with me. Sometimes that humour is like a brick through a window, and other times it's like a well-placed silent fart. I'm not too worried which way it goes today.
(I was going to say like a pebble thrown and rippling out from a pond, but poetry's not my thing.)
Have a good one.

 

[jason_recliner]

Why are you looking at the brief and presenting as trusted with such sensitive information?

Inquiring minds...

 

[Angry Red Bull]

Why are you looking at the brief and presenting as trusted with such sensitive information?

The police because of what they've been privy to regarding this case are intentionally trying to derail it imo. First material like counselling notes and videos were inappropriately 'accidentally' provided to the defence team as part of the police brief and now we have some random person on an online forum purporting to have in his possession a copy of the brief and discussing it's contents openly

It's clearly inappropriate but I believe intentional. If mainstream police didn't want to proceed and political pressure was exerted to provoke a superintendant to be the police officer bringing the case against normal procedure and advice of investigators then you can bet that those mainstream will break protocols.

 

[Kurve]

The police because of what they've been privy to regarding this case are intentionally trying to derail it imo. First material like counselling notes and videos were inappropriately 'accidentally' provided to the defence team as part of the police brief and now we have some random person on an online forum purporting to have in his possession a copy of the brief and discussing it's contents openly

It's clearly inappropriate but I believe intentional. If mainstream police didn't want to proceed and political pressure was exerted to provoke a superintendant to be the police officer bringing the case against normal procedure and advice of investigators then you can bet that those mainstream will break protocols.

Over to you Cotchins Hair Piece ????

 

[Angry Red Bull]

Over to you Cotchins Hair Piece ????

I don't even like Cotchin. So I probably don't want to be conversing with his hair piece per se.

 

[Kwality]

Publisher halts Ego book that details Brittany Higgins’ claims of sexual assault​

Latest Nielsen BookScan 2022 figures showed in the first 10 days of Ego being available for purchase, about 1150 copies had been sold.

https://www.theaustralian.com.au/business/media/publisher-halts-ego-book-that-details-brittany-higgins-claims-of-sexual-assault/news-story/01e52f537be1cbbb9217a4e866b60293

'The Australian last month reported that several other book deals could be impacted by delay of the criminal trial, including a book by Higgins, for which she will be paid about $250,000.

The deal was brokered by Wilkinson’s husband, Sydney Morning Herald journalist Peter FitzSimons.'

 

[Dogs_R_Us]

Publisher halts Ego book that details Brittany Higgins’ claims of sexual assault​

Latest Nielsen BookScan 2022 figures showed in the first 10 days of Ego being available for purchase, about 1150 copies had been sold.

https://www.theaustralian.com.au/business/media/publisher-halts-ego-book-that-details-brittany-higgins-claims-of-sexual-assault/news-story/01e52f537be1cbbb9217a4e866b60293

The Australian last month reported that several other book deals could be impacted by delay of the criminal trial, including a book by Higgins, for which she will be paid about $250,000.

The deal was brokered by Wilkinson’s husband, Sydney Morning Herald journalist Peter FitzSimons.

Wouldn't the publication of ANY book on the subject, before the case is heard, be prejudicial to the case?

 

[GreyCrow]

Wouldn't the publication of ANY book on the subject, before the case is heard, be prejudicial to the case?

Its standard for the Wilkinson/FitzSimmons brand

 

[HairyO]

Publisher halts Ego book that details Brittany Higgins’ claims of sexual assault​

Latest Nielsen BookScan 2022 figures showed in the first 10 days of Ego being available for purchase, about 1150 copies had been sold.

https://www.theaustralian.com.au/business/media/publisher-halts-ego-book-that-details-brittany-higgins-claims-of-sexual-assault/news-story/01e52f537be1cbbb9217a4e866b60293

'The Australian last month reported that several other book deals could be impacted by delay of the criminal trial, including a book by Higgins, for which she will be paid about $250,000.

The deal was brokered by Wilkinson’s husband, Sydney Morning Herald journalist Peter FitzSimons.'

Jesus. I was joking when I said Old Pete would write a book about his heroic wife and now this.

So much conflict everywhere.

 

[HairyO]

For a guy that must be so positive that there is no case against him, it leaves me a bit confused as to why he wouldn't want to get into court and clear his name asap. That's not what I've been seeing Lehrmann do. Tried for a permanently stay and when that didn't work he uses every excuse, one after another, it have the proceedings postponed. I'm waiting for his dog to eat his homework.

The media keep meddling and declaring his guilt and her a hero survivor.

You dont think there is a chance that would sway a supposedly impartial jury ?

 

[Wooden Robot]

Wouldn't the publication of ANY book on the subject, before the case is heard, be prejudicial to the case?

Standard practice in journalism not to be commenting on cases before the outcome.
Not sure what happened to sub judice.