one court accepted his evidence, doesn't have to be the end of criminal proceedings.
If district courts are so infallible why do we have the court of criminal appeal?
as such a defender of the justice system you will be fully aware that the prosecution can appeal if they so desire.
I personally don't think they should appeal but go down the track of hindering a police investigation / trying to pervert the course of justice route.
AND if there is an appeal, and the decision to overturn the Not Guilty is again overturned, then I will accept that decision. Not being part of the case, not hearing any of the evidence, I just have to accept the fact that highly qualified Judge (Justice Michael Finnane) overturned the decision of a magistrate (Magistrate Roger Clisdell)
Fresh evidence
[I
]Neither had given evidence on legal advice at the earlier hearing, but with a jail term hanging over Bird's head, both were allowed to offer fresh evidence, with Judge Finnane ruling that it was in the interests of justice.
Judge Finnane said Milligan was forthright, intelligent, made up her own mind, and exhibited no signs of a person who was a victim of domestic violence.
He said if
anyone was the dominant party in the relationship it seemed to be Ms Milligan, and he believed both accounts of that night that it was indeed an accident, that she had been injured after she lunged at him, and that Bird grabbed her wrist in self-defence.
Neither Bird nor Ms Milligan could offer an explanation as to exactly how the glass broke, but the judge did offer a couple of scenarios.
He said perhaps Bird's arm forced Ms Milligan's arm back into her face, perhaps when she withdrew her arm that caused the glass to break.
Judge Finnane found whatever happened was quick, and that Bird was
clearly attempting to avoid domestic violence, and he did not strike at her or shout at her.
The judge described the pair's attempt to blame Mr Watson for the incident as a foolish and reckless thing to do.
Bird was also facing a charge of making an accusation intending for a person to be investigated, knowing that the other person was not guilty of the offence. The judge also set that aside.
Judge Finnane said the Crown failed to prove that Bird had intended for Mr Watson to be investigated.
The decision opens the way for Bird to return to Australian rugby league.
He is currently playing for the Catalans Dragons in France, but that contract is about to expire.
http://www.abc.net.au/news/stories/2009/11/25/2753581.htm?site=local[/I]