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Greg Bird charged with violent attack

If charges are dropped against Bird, should he return immediately?

  • Yes

    Votes: 85 50.9%
  • No

    Votes: 77 46.1%
  • I don't know/maybe/depends, ie. I'm too weak to have an opinion

    Votes: 5 3.0%

  • Total voters
    167
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Messages
17,414
Well fitness shouldnt be to big a deal. He has been making public statements that he has been maintaining full fitness training so he is ready to play
 

samshark

Juniors
Messages
2,375
.

Im still trying to figure out what they will do with a reluctant victim and no other witnesses.

I suppose they subpoeana her, get her on the stand, wait for a few "wrong" answers, declare her hostile and go for the throat.

It wouldnt surprise me if the cop's silks are writing the cross examination questions.

Having an alleged victim change their tune.... probably happens.... every day.

The sharks can stand down from their alert!

Dave, Ill tell you what the police can do with a reluctant victim. NOTHING!
She cant be subpoena'd to give evidence unless she has first provided a statement, signed notebook entry, record of interview etc etc which has to be served on the defence at least 14 days prior to hearing. You cant supboena persons or introduce new evidence that has not been served in the brief. All evidence intended to be used to prove the crime must be made available to the defence minus some exceptions e.g undercover stuff. And I hardly think the defence is going to call her as well.

This is all very simple guys. Bird has allegedly done something either accidental or intentional, however with no witnesses, a victim who is supporting Bird and a defence of say nothing to no one then the case cant be proven. Charges dismissed. Thats why he wont talk to the club.
 
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Dave Q

Coach
Messages
11,065
I don't think she's sung a tune yet. she's a smart bird.

You see people should not misinterpret defending your right to silence as obstructing justice because any statement you do make may be misinterpreted.

Dave you would agree that the police will be directed to serve a full copy of their brief of evidence at some future date. Is it not therefore fair that bird makes no comment, especially on legal advice, until that evidence is examined by his counsel?

Humm, yes, I would agree that Bird and the girl shouldnt make any public statements until the matter is totally finalised. Although the girl has talked a bit about peripheral issues and his mum.

And I suppose that if he speaks to the club, the club guys can be questioned by the wallopers about what he said to them, although its hearsay isnt it? Maybe it comes under an exception.

If discussions with the club cant be used against him, then he should speak to the club I suppose...unless it leaks and that leakage is detrimental to his interests.

I liked Samshark's points too, they make total sense, but I will try to source another view.
 

Alan Shore

First Grade
Messages
9,390
I think it is possible that Bird could tell Zappia 'XYZ happened', then Zappia could be subpoeanead and be asked in court "What did Bird tell you when you met at the following time".

Obviously, someone testifying that the accused admiited guilt to them, or something like that, isn't conclusive, but it is very powerful and persuasive.
 

Dave Q

Coach
Messages
11,065
I think it is possible that Bird could tell Zappia 'XYZ happened', then Zappia could be subpoeanead and be asked in court "What did Bird tell you when you met at the following time".

Obviously, someone testifying that the accused admiited guilt to them, or something like that, isn't conclusive, but it is very powerful and persuasive.

Maybe that question would be met with an objection!

Unless special circumstances exist, if you have nothing to hide, I cant see why you wouldnt make a statement to the cops, the media and the club.

It is of course possible that even if something did happen by accident, you can still get charged with something you never thought about The road laws are a fertile area for these types of things.

The safest course is to shut up. Thats the best advice and thats what he's done. Unfortuantely the price to pay is speculation, innuendo and a number of people who consider his guilty before any facts are established to support that.

If the cops never get it wrong, nobody would win their cases against them. Which is not to put them in a bad light, they have a difficult and sometimes dangerous job to do.

They spend a lot of time dealing with life's unfortunates and idiots. And some of them might say, 'and then we have to deal with the public!"

This is a big celebrity case, the cops will do what they can. They engage some very elite legal minds, they have unlimited resources.

D is the defendant in a sexual assault trial. W has made a statement to the police that X told W that X had seen D leave a night club with the victim shortly before the sexual assault is alleged to have occurred. Unless an exception to the hearsay rule applies, evidence of what X told W cannot be given at the trial.
 
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millersnose

Post Whore
Messages
65,223
just heard from a safe source

the sharks will not have to move from toyota stadium next year if bird plays or not

also trains are still planned to run to woolaware

remember you heard this here first!!

(143 to go)
 
Messages
4,331
f**k me

i agree reefy

i didnt realise we were blessed with such astute legal minds

(145 posts to go)

Oh yes, only the finest gather here. Here are samshark and DaveQ at work recently:

judge-judy-021306.jpg


141 and counting down...
 
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