GUILTY Australia - Jill Meagher, 29, Melbourne, 22 Sep 2012 #5

[LegallyBrunette]

http://www.courts.vic.gov.au/jury-s...-service/juror-selection/jury-selection-court

It may be difficult for any well-read, potentially-effective, savvy prospective juror to not recognise AB, from previously published images as well as images of AB that are still available via Google. Hopefully this will not preclude these types of people from being jurors in any trial that may be forthcoming from the committal mention.

IMO

Identification evidence is apparently not an issue in the case which is why the photos of AB were eventually allowed to be published unedited.

The instruction to jurors means to personally know someone and/or a prior connection which could influence or be seen to influence a decision.

Any juror selected for this trial who hadn't heard of the case must have been on another planet and would surely be challenged. I certainly would.:twocents:

 

[LegallyBrunette]

Ahh yes - the technologically savvy judicial system (NOT) will set up a cosmic barrier around the state's borders. All the interwebz will be stopped right there, dead in their tracks!

As posted above - they should simply adjust to the 21st century, instead of trying to keep things the way they may have been back in the 1800s when a court order could stop a newspaper from printing something, and there was no TV, radio, or internet.

Suppression orders are a bit like sticking a finger in the dam wall, while the water is flooding over the spillway!

Hopeless - it simply reflects the archaic mindset of the judicial system. And lack of trust that people can listen to evidence and make a decision based on that evidence only. With good guidance from a sensible judge.

Agree, it is pathetic. Mainly intended to prevent jurors being aware of any antecedents which might cause bias against the accused in the current matter. Both sides can challenge jurors - if someone appears to be of the mindset that the outcome is a done deal it's generally fairly obvious. Judge will instruct them and jurors can seek guidance. If they have been reading up all the tabloids and magazines and feel unable to bring a fair mind to the task and just listen to the evidence they shouldn't be there.:twocents:

 

[SouthAussie]

Well, he's on the court list for Friday at 9:30am in Court 1 of Melbourne Magistrates Court, so it's all a go. Maybe it will be a simple case of pleading Guilty, then reappearing later for sentencing.

Was reading in an overseas article yesterday that AB had confessed to his crime. Not sure if that is true or not. It was a very inflammatory summary of AB's crimes from an Irish newspaper.

 

[Makara]

Accused Jill Meagher killer to face court

Date January 17, 2013 - 5:29PM

Read more: http://www.theage.com.au/victoria/a...-face-court-20130117-2cvtf.html#ixzz2IDCjmJkw

Anyone from WS attending this tomorrow?

 

[Fuskier]

http://www.heraldsun.com.au anuary 18, 2013 12:00AM
Jill Meagher accused to face Melbourne Magistrates' Court for committal mention

The session is expected to be brief and the defendant is not expected to enter a plea.

 

[Curiousasacat]

Thinking of Tom today and also Jills family.

Justice can't bring Jill back but I hope he spends the rest of his life in jail for what the accused has done.

 

[Jmbr]

Thinking of Jill and her family today. Ah it's just not fair

 

[Fuskier]

http://www.heraldsun.com.au
Accused Jill Meagher killer and rapist Adrian Ernest Bayley will fight charges
Paul Anderson From: Herald Sun January 18, 2013 10:24AM
A two day committal has been booked in for March 12 and 13.
The Magistrate extended (the suppression on the reporting of any damaging past information) that Order until March 12.
It had earlier been reported in MSM [newspapers and television news articles by the major channels] that the accused had
confessed to Police and led them to the place where he buried her and where they recovered her raped & murdered body.

The Law states that this man is entitled to a fair trial using millions of taxpayer's dollars.
Our system needs changing in my opinion.

 

[DrWatson]

I wonder on what basis he can fight the charges, if he has confessed to police anyway? Presumably he must have done so, as he led them to where Jill was buried.

So how can he plead Not Guilty??? Beats me! Any of our legal wizards able to offer an opinion? Alioop? Legally Brunette?

 

[Alli1982]

This excuse for a human being cannot get out of the rape - presumably they have physical evidence of this. I bet the alleged will deny the alleged 'murder' had intent, i.e. occurred in a struggle by 'accident' therefore he may go for manslaughter. He makes me sick. The poor family.

 

[DrWatson]

This excuse for a human being cannot get out of the rape - presumably they have physical evidence of this. I bet the alleged will deny the alleged 'murder' had intent, i.e. occurred in a struggle by 'accident' therefore he may go for manslaughter. He makes me sick. The poor family.

Of course - good point. The rape has to have been admitted, but the death may be claimed to have been unintended and accidental.

 

[Blessed]

Of course - good point. The rape has to have been admitted, but the death may be claimed to have been unintended and accidental.

:furious::furious: I cant beleive he is even trying to contest.:furious::furious:

 

[Mrs G Norris]

How can a death that occurs as a result of a fight or struggle during or after a rape be anything else but murder? This will fail - he can fight it, but that just means that more details of the crime will be brought out during trial and will result with an angrier judge at sentencing. Doomed to fail, doomed to get him the maximum sentence, and I have no issue with that.

 

[Jmbr]

How can a death that occurs as a result of a fight or struggle during or after a rape be anything else but murder? This will fail - he can fight it, but that just means that more details of the crime will be brought out during trial and will result with an angrier judge at sentencing. Doomed to fail, doomed to get him the maximum sentence, and I have no issue with that.

I really hope you're right.. I have a terrible feeling about this. Surely <modsnip> rape and manslaughter will be enough to put him away for the rest of his life.

 

[Blessed]

How can a death that occurs as a result of a fight or struggle during or after a rape be anything else but murder? This will fail - he can fight it, but that just means that more details of the crime will be brought out during trial and will result with an angrier judge at sentencing. Doomed to fail, doomed to get him the maximum sentence, and I have no issue with that.

I bloody hope so.. I just don't get his logic.. or his lawyers allowing it! As you said, details are going to result in an angry judge.. moreso!

 

[Alli1982]

How can a death that occurs as a result of a fight or struggle during or after a rape be anything else but murder? This will fail - he can fight it, but that just means that more details of the crime will be brought out during trial and will result with an angrier judge at sentencing. Doomed to fail, doomed to get him the maximum sentence, and I have no issue with that.

because from my understanding, murder charges are only successful if proven as premeditated with intent to kill. Without knowing the details of how this horrendous death occurred, it appears to have happened recklessly amidst the other rape crime, however hard to prove he intended to kill the night he left his home. Especially if he didn't have a weapon. And especially because the alleged left her body there before returning with the means to cover himself up.

It's disgusting, I'm sure in the moment he knew he could be committing murder and it didn't stop him, but without intent proven he could easily get manslaughter.

I hope the others are right that rape and manslaughter will put him away for life. Disgusting he is even fighting it.

 

[SouthAussie]

A VICTORIAN magistrate charged with attempted rape and indecent assault did not appear in court this morning due to poor health.
Mr Cooper was charged and bailed on Wednesday after police executed search warrants at his Brighton home and his office at the Melbourne Magistrates' Court complex on Tuesday.
The charges, if proven, could have ramifications for other cases decided by Mr Cooper.

http://www.heraldsun.com.au/news/la...buse-allegations/story-fnat79vb-1226555928026

Is anyone as concerned about this as I am?

We expect that magistrates who preside over cases of sexual offence will do so impartially, fairly, and in the public&#8217;s best interests, but how can we expect that when we hear about alleged conduct such as this?

To hear about this on the same day as AB&#8217;s committal mention is disconcerting to say the least. How many more magistrates have skeletons in their closets, some that may never be discovered but may be negatively affecting (for the victim, and for us &#8230; the public) the outcome of court cases?

 

[Mrs G Norris]

I'm going to do some research and ad links tomorrow when I'm at the laptop but since the relationship between Jill and her killer was that of rapist and victim that he can / will most likely be convicted of murder. The fact that he left home not planning to kill makes little difference....she was killed during the commission of a serious crime etc and in order to complete that crime (at the very least) the manner will also be a factor - eg you can't say you accidentally strangled someone to death the same way you can say you punched someone and they hit their head and you didn't mean to kill them. I think he'll be convicted of murder, but ill find some links to be sure when I can.

 

[Mrs G Norris]

There is also the small matter of the believability of his claim .. If the jury think he did mean to kill her in order to avoid the possibility of her identifying him to the police later they will convict on that basis. Premeditation of murder can happen in a brief space of time before the act .. Court does not have to say he left home with car and shovel to prove premeditation, but all states differ so I will check to see what the Victorian courts have stated in the past.

 

[Mrs G Norris]

I think he can lie all he likes but it'll be obvious he's just trying to avoid maximum punishment ..