Now that Judge Borchers has placed the lad in a …

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

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.

John Bell Also Commented

Judge Borchers’ position should be assessed: CAALAS
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.


Recent Comments by John Bell

Children in care management system to cost $229m
Evelyne Roullet asks the pertinent questiin. Wayne Swan in 2007 made government credit spending the new mantra, fiscal responsibility and only spending what was in the national kitty was expected by the people from governments since Federation.
When Whitlam briefly opened the floodgates 1972-1975 the people spoke in a landslide and pulled governments back on track.
However, the shackles came off that thinking completely under Rudd, Swann and Gillard. The Liberals were expected to pull it back on track under Abbott but expectations were not met.
As for Shorten, witness the Labor Conference promises.
The Gunner NT is only a symptom of what has been in the pipeline for most of this millennium so far.


The Territory is broke
The NT under Gunner is spending like a crazy person with 10 arms.
It is in Labor’s DNA – they can’t change.
Look at Andrews in Victoria doubling debt overnight $25 billion to $48 billion and rapidly climbing with union demands … and the promises made by Shorten … and Queensland has lost the plot altogether.


Human rights, centre stage
@ Carolyn Newman: “They are only words.” The reality of words in court, Carolyn, is that it is the skilled use of words by legal wordsmiths (lawyers) that sway the judge towards guilty or not guilty. Clever lawyers use words you and I don’t even know the legal meaning of to get us convicted when you are innocent of the charges.
In their unscrupulous game-playing world, words can mean whatever they want them to mean.


Human rights, centre stage
@InterestedDarwinObserver. Everyone agrees that these awardees are to be highly commended. Wonderful recipients.
My comment was an observation that the “social justice” terminology is symptomatic of a concerted move to overlay common law with a supposedly superior moral ethos of human rights law.
Eg making judges take human rights law provisions into consideration when making decisions.
I believe this thinking is fraught with danger.
There should be greater emphasis on due diligence and ethical behaviour by practitioners of the common law and legislators than imposing new law.
The old law system is not broke. It just needs practitioners and legislators to be more diligent and ethical.


Human rights, centre stage
Well done to the Centralians who received these Fitzgerald awards. However, the phrase “social justice” is an invention of the Human Rights Commission and its advocates, brought into vogue especially by the Mabo decision of 3 June 1992. Justice has always been justice. No need to qualify the word with the adjective “social”. Human rights legislation such as the Racial Discrimination Act 1975 is simply additional legislation to complement the common law and other legislative law. If applied with due diligence and integrity, all of our law in Western democratic society is aimed at delivering justice. “Justice” is a simple, stand-alone, most powerful of words. Adding a qualifying adjective dilutes its meaning and is rather pointless.


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