While Ms van Iersel and CAALAS are lodging a complaint …

Comment on Judge Borchers’ position should be assessed: CAALAS by John Bell.

While Ms van Iersel and CAALAS are lodging a complaint with the Chief Justice about Judge Borchers in a flawed youth justice system, perhaps concerned citizens should consider lodging a complaint with the NT Bar Association about Mr Bhutani, the young lad’s lawyer.
When questioned by Judge Borchers on a plan for the lad’s rehab and welfare if released back into the community, Mr Bhutani had nothing. Zilch. No plan. No nothing, so to speak.
A lawyer just doing the minimum to win the case. On the public purse. After the win in the court hearing they part ways – the young lad goes back on the street and the lawyer goes back to his office. To get his next brief.
Hardly inspires confidence in our legal eagles of the common people, hey.
If CAALAS wants a judge hauled over the coals in this case it seems to me there is evidence to haul the CAALAS lawyer over the coals, too.

John Bell Also Commented

Judge Borchers’ position should be assessed: CAALAS
Now that Judge Borchers has placed the lad in a controlled environment for proper assessment and the dust begins to settle, some questions need to be asked:
1. Who is to conduct the assesment process?
2. What will the assessment process actually encompass ie what will be the terms of reference ?
3. Will the results be made public and in what public forum?
4. Will the Attorney-General make publicly transparent the processing of the CAALAS complaint against Judge Borchers?
5. Will the Chief Justice remove Judge Borchers from cases dealing with youngsters on the rampage?
6. Will CAALAS employ someone full-time in future to care for for troubled and lawbreaking teens?
7. Will CAALAS be asked to explain why no plan was put to the court to make sure this lad did not re-offend?
Doubtless there are others.
It is only complete transparency in the process of obtaining the answers to such questions in this case that will ensure the public trust can be maintained in the integrity of our youth justice system.


Recent Comments by John Bell

No gaol for Peace Pilgrims: sentence
@ Kieran Finnane. Cold War circumstances change with the times.
Once it was Russia. Now it is North Korea backed by China.
What’s the difference between a KGB-ruled Soviet Union and a despotic ally of the soulless atheistic materialistic Tiananmen China superpower that has vowed to take control of the Western democratic world by whatever means possible?
Australia is a bunny blinded by the China spotlight. Anti-American protestors a la the Peace Pilgrims are yesterday’s men (and women), way behind the times in their inability to see today’s reality.


No gaol for Peace Pilgrims: sentence
@ Horton: Agreed. A good and sensible outcome. From the outset, the right to public protest by the Peace Pilgrims has never been questioned. The real issue here is the concept of civil disobedience and its reasonable limits in a society that is ruled by a stable democratic government under the rule of law.
Justice Reeves got it right. The Pilgrims challenged the limits and received much public praise on their journey. Acquittal would have implied that civil disobedience has no limits, no matter what the cause and where and when the civil disobedience occurs. The sentences did not bring down the hammer of a jail term, but emphasised that the Pilgrims had exceeded the limit.

@ Fred the Phillistine: Your emphasis on the cost to the public purse is interesting. You say that the Pilgrims should have been allowed to do their thing, presumably whenever they feel like returning.
Down here in Mexico, the CBD at Flinders and Swanston has been seriously disrupted in peak hour every Friday arvo during the month of November by the Manus Island protest marchers. Ongoing and escalating loss of income, serious stress and inconvenience is being caused to countless city workers.
With increasing numbers of civil disobedience protest marches in this critical part of the CBD almost weekly for every cause under the sun, we are looking at untold loss of income for ordinary punters and their families going about their lawful daily business affairs.
My question to you is – where would you draw the line and set the limit, on the causes that justify civil disobedience and the number of times protesters of any given cause should be able to cause social disruption and financial damage?

[ED – It was up to the jury, as always in a jury trial, not the judge to find the defendants guilty or not guilty.]


Strange encounters: the Peace Pilgrim and the Police Sergeant
@Jackie Hu. You criticise Justice Reeves for instructing the ordinary punters of the jury on points of law.

However, in instructing the jury (and during the conduct of the hearing) in this symbolic, divisive and very public case, Justice Reeves would have been very conscious indeed of the standard of equality of treatment demanded of judges and opposing counsel towards unrepresented litigants, laid down in the decision in Tomasevic v Travaglini in the Victorian Supreme Court by Justice Virginia Bell.

No doubt he was mindful that appeal judges would jump on him like a ton of bricks if there was even the merest hint of apprehended bias, especially in instructing a jury of ordinary punters in this touchy Pine Gap case.

Judges have a long established habit of instructing juries in public interest cases, as in the Chamberlain case.

I always believed a dingo took Azaria and the jury got it horribly wrong; and I cheered when appeal judges without a jury gave Lindy justice.

Of course, the Green latte sippers in Lygon Street saw us as anti-dingo etc. We were most unpopular.

You no doubt will cheer if the jury sees it your preferred Pilgrim way. If not, there is always the avenue of appeal without jury.


No extraordinary emergency at Pine Gap: judge rules
Ms Finnane. Are you sure that Michael McHugh SC was raising the example of the Suffragettes to support his argument that the Pine Gap Peace Pilgrims exceeded the limit of civil disobedience?

Could it have been that he was saying the opposite when he said “the Suffragettes notwithstanding” ie saying that the Suffragette civil disobedience was a different situation to this Pine Gap prayerful singalong?

After all, Emily Pankhurst got skittled by a horse and died for her beliefs. No disrespect to Emily whatsoever. She was truly gutsy. Your take on McHugh SC’s argument perhaps needs a bit of clarification in the words you used in your article?


Did Peace Pilgrims answer an extraordinary emergency?
@Greg. 60% of the Aussie population is secular, not Christian, as the SSM survey showed. At least 60% of the entire Western world is now secular and becoming more secular by the day. So. Blaming Christians for modern day wars is the trendy self-loathing mantra of the Left. As the majority of warmongers are secular, your argument falls flat, and flatter, by the day.
@Rebecca. It is confected courage to do a symbolic trek to the Red Centre in a safe democratic jurisdiction where PSOs like Sergeant Gadsby are on a hiding to nothing and face disciplinary action if they put a toe out of line while trying to do their lawful job, dealing with the Peace Pilgrim crew. Soft courage, shouting the generic anti-war war cry of the Left in a soft environment, ignoring their Christian obligation to give to Caesar what is Caesar’s. I suggest it is humbug to paint this as “courage”. It would take real courage to conduct this protest in say, North Korea. Unless of course they think that if the Western world lays down its arms, everyone else will too.


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