There is NO justice........

[lucifers angel]

Has many of you might know, my daughter was attacked at our local train station last September, and This Wednesday, we finally went to court about the issue, now the 2 girls responsible both said that it was the other girl but in court my daughter was being questioned like SHE was the defendant, and when they were badgering her she got confused, my son gave eveidence and did really well,

but the kick in the teeth was, that these 2 "girls" were found not guilty by association, my daughter was attacked and she was real brave to face them and give her eveidence, and all because the defendants solicitor was allowed to badger her, they were found not guilty.

Never again will my kids ever go to the police and courts for justice because there is no such thing.

My daughter was made to feal the victim twice.

----------------------

there is no justice, the courts suck big time, and solicitors suck! they want kids to come forward and give evidence and when they do they are badgered into confusion. Do not trust the law, it will kick you in the teeth

 

[chris4355]

I don't think you should blame the whole justice system for this. Just this particular case where you seem to have gotten very unlucky. Is there any other way to prosecute them?

 

[Read-Only]

I don't think you should blame the whole justice system for this. Just this particular case where you seem to have gotten very unlucky. Is there any other way to prosecute them?

There's always the civil route. (Remember how OJ was found not guilty at trial but lost big-time in civil court?)

But the downside is that it can be pretty expensive.

 

[sandy]

That really sucks. Hopefully your daughter will be ok. It's sad that she had this experience. I hope the other girls get punished somehow. They probably will. There's that whole "sowing and reaping" thing....

 

[alexb123]

I don't understand what does 'by association' mean?

Sorry to hear this story you must be pissed off

 

[Asguard]

Speaking of OJ i have always been facinated how that case got around doubble jepody laws, I am assuming you have them.

 

[visceral_instinct]

Fucking hell but that makes me sick. I hate, I mean, I HATE, how it always seems to be the victim who gets blamed. I think it's a 'path of least resistance' thing. It's easier to just blame the victim than actually do anything about the perpetrator.

 

[Read-Only]

Speaking of OJ i have always been facinated how that case got around doubble jepody laws, I am assuming you have them.

Sure we do. But double jeopardy wasn't even involved. The trials were not related to each other - one was a criminal trial (where jeopardy DOES apply) and the second was a civil suit.

Are civil suits not allowed in your country? Surely they are.

 

[Asguard]

not for murder

murder is a criminal matter, now an industrial death is a civil AND potentually a criminal matter

 

[Read-Only]

not for murder

murder is a criminal matter, now an industrial death is a civil AND potentually a criminal matter

I would think there are several ways around that first one. For example - someone is aquitted of murder at trial. But the family should still be able to sue for the loss of, say, a father and their breadwinner, distress, suffering, etc.

In most cases there's more to it than just a question of was the accused guilty of murder under the law. And THAT'S how they nailed OJ.

 

[Asguard]

well i wont catogorically say that in no Australian juristiction can you make that suite but i have DEFINITLY never herd of one and im sure when it happend somone told me that if you tried here you would run into double jepody. You can apply for compansation from victoms of crime wether you win the case or not and a judge can award compansation from the perpertrator if found guilty as part of his sentance (know that one because the police were puting in a claim for me against the moron who tried to break into my boot)

 

[Read-Only]

well i wont catogorically say that in no Australian juristiction can you make that suite but i have DEFINITLY never herd of one and im sure when it happend somone told me that if you tried here you would run into double jepody. You can apply for compansation from victoms of crime wether you win the case or not and a judge can award compansation from the perpertrator if found guilty as part of his sentance (know that one because the police were puting in a claim for me against the moron who tried to break into my boot)

That's essentially the same thing. But still different here because he can be found criminally innocent and still be found guilty of needing to make reparations. Point being that it's NOT the same kind of trial - the rules of evidence are different and he cannot be sent to jail as a result of as civil suit.

So there is no attachment of jeopardy.

 

[Asguard]

i know that in a civil case its on the balance of probabilities rather than beyhond reasonable doubt. Also civil cases dont have jurys but as i said as far as i know it has never happened here before. It may just mean there is no "wrongful death" in common law or statute in this sence

Im sure there is under industrial law but thats under the workcover act (sorry cant give the year off the top of my head)

 

[Read-Only]

i know that in a civil case its on the balance of probabilities rather than beyhond reasonable doubt. Also civil cases dont have jurys but as i said as far as i know it has never happened here before. It may just mean there is no "wrongful death" in common law or statute in this sence

Im sure there is under industrial law but thats under the workcover act (sorry cant give the year off the top of my head)

It's interesting that your civil cases don't have juries. In our case, it's a matter of choice for the defendant - he can ask for a jury or waiver his right to one. And most opt to go with a jury.

 

[Asguard]

with the rate of litigation in this country im thankful we dont. If we did have juries half the country would be in court insted of doing there jobs

 

[lucifers angel]

I don't understand what does 'by association' mean?

Sorry to hear this story you must be pissed off

yes i am mighty pissed of. never again will i trust the law or justice system, and also if i ever see these girls can i punch them?? no i cant, because i will be seen has guilty!!