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Jack De Belin

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BLM01

BLM01

First Grade
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9,912
redv13 said:
With no new evidence and no new witnesses they cannot justify a 3rd trial after 2 hung juries. I’d be very surprised if the matter isn’t dismissed
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Yes you would’ve thought good lawyers would’ve had all their witnesses and all the evidence they needed prior to the first trial
Not scratching for more down the track
I would’ve thought they would’ve kept no stone unturned
 
Dragon David

Dragon David

First Grade
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9,221
I have read that if there have been two trials with hung juries, it is only in “exceptional circumstances” that there will be a third trial and I think that those exceptional circumstances would involve:-
* The DPP having either stronger evidence that the assault was non consensual and/or;

* There is a witness or there are witnesses willing to testify under oath and who wasn't or weren't available in the last two years to attend the court cases, viz immediately after the incident, that witness or witnesses had to leave Australia and lived in the deepest darkest place in Africa where there was no news that they could receive from friends or relatives on this matter or any news reports from the media but have only been able to return to Australia because of Covid restrictions bing lifted and have now come forward and spoken to the DPP.

I read too many Agatha Christie books, hahaha!
 
Gareth67

Gareth67

First Grade
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8,785
Just on a side note , apparently Hayne asked for Foxtel in his new accommodations and was told that you do not have that luxury in prison .

And to make matters worse , his new friends threw apples at him when he first arrived at Parklea jail . Must had been a rude shock for him .
 
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JamesRustle

JamesRustle

First Grade
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8,049
Gareth67 said:
Just on a side note , apparently Hayne asked for Foxtel in his new accommodations and was told that you do not have that luxury in prison .

And to make matters worse , his new friends threw apples at him when he first arrived at Parklea jail . Must had been a rude shock for him .
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With Hadley joining the telegraph hacks, it has diminished further, so it is now a reward not to have Foxtel.

I think the apples were thrown at him as a good will gesture... some friendly inmates were just giving him something to block his orifices with.
 
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HenryTatana

Juniors
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1,967
NSW Attorney General is looking at changing the law around consent in sexual assault cases as it it very hard to prove in a court of law. The statistics quoted yesterday and today is that convictions are only recorded in 3% of cases. That is an amazing statistic which just shows how hard it is to prove beyond reasonable doubt. Jack’s 2 hung juries show exactly how hard it is to prove/get a conviction.

Based on the above I would say the likelihood of a third trial is minute.
 
Dragon David

Dragon David

First Grade
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9,221
BLM01 said:
Yes you would’ve thought good lawyers would’ve had all their witnesses and all the evidence they needed prior to the first trial
Not scratching for more down the track
I would’ve thought they would’ve kept no stone unturned
Click to expand...
Yes, I agree. Surely everyone who was at the nightclub/pub where they were together before going to the unit would have been questioned as to what they saw and maybe even heard, plus when they left that pub and get on the tuk tuk pedalled by the man who gave evidence, plus people in the unit would have been interviewed and maybe attended the court case. On the way back there would have been witnesses that would have been questioned, CCTV going and coming back, DNA, Doctors reports, police evidence/statements and then of course the complainants evidence and
 
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HenryTatana

Juniors
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1,967
Dragon David said:
the two accused evidence.

So unless there is more evidence and witnesses come forward, it would be hard for the DPP to insist on a third trial I'd say
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I highly doubt that the Crown is out there actively looking for more witnesses. If in fact there was/were additional witnesses found, surely any evidence would be subject to scrutiny/belief as we are 2 years after the event and memories would be questioned.
 
Gareth67

Gareth67

First Grade
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8,785
JamesRustle said:
With Hadley joining the telegraph hacks, it has diminished further, so it is now a reward not to have Foxtel.

I think the apples were thrown at him as a good will gesture... some friendly inmates were just giving him something to block his orifices with.
Click to expand...

:flushed: Oh ? How thoughtful of them , they seem to be a nice bunch of chaps after all .
 
merahputih

merahputih

Juniors
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922
New consent laws are soon to be passed by the NSW Parliament, increasing the onus on the defendant to prove consent was given, partly because of the difficulty in obtaining convictions in rape cases. Will these laws apply in any new trial?
 
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boardlumps62

Juniors
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1,481
How would it be any different unless you have a signed agreement. It is still he said/she said. You would need a witness to observe or maybe a video of the action. It would be to protect both but seriously. And no it should not have anything to do with this case. Is it even law yet don't think so still trying to work out the rules.
 
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