Australia Australia - William Tyrrell, 3, Kendall, Nsw, 12 Sept 2014 - #37

[Thebottomline]

I don't think it matters who said those words “ we know he did it, we just need to convince a jury”, either the investigator or the prosecutor.
Of course an investigator needs enough evidence to be able to convince a jury that the known perpetrator is guilty. They know that they can't hand a flimsy case over to a prosecutor, and a prosecutor will not accept a flimsy case.

The investigators and the prosecutor work together when amassing/compiling enough evidence to convince a jury.

I was reading yesterday about 'hold out' jurors, and the push to allow majority decisions - as opposed to unanimous decisions - of jurors. Sufficient and good, strong evidence is necessary ... even when the perpetrator is 'known' to have committed the crime.
There is no room for reasonable doubt, that a good defence lawyer can often easily create, in a trial.

Majority report

Thankyou SouthAussie

 

[Thebottomline]

I was just googling William spedding and the articles about his case that was dropped or dismissed have all been removed as far as I can see. I wonder what the outcome of his defamation case was.

 

[SouthAussie]

I was just googling William spedding and the articles about his case that was dropped or dismissed have all been removed as far as I can see. I wonder what the outcome of his defamation case was.

I imagine that the media will keep Spedding tied up in court for a very long time in the defamation matters. They don't like being sued for defamation. Media lawyers will likely look up every precedent available, and use whatever ones they can use.

If these are opinion matters where Spedding thinks he was unjustly defamed and the media disagree, I think he will be fighting it out for as long as the media can string it out.

If it is a matter of incorrect reporting, the matter(s) might move along a little quicker.

imo


(I still see the Victorian matter in many articles .. including one where it says the charges were withdrawn.
William Spedding had been facing two charges of sexually penetrating a child aged under 10 and five counts of indecent assault between 1983 and 1987 at Corio and Clarendon near Ballarat.
But prosecutors withdrew the 67-year-old’s charges in the Ballarat Magistrates’ Court today.
We’re for Sydney | Daily Telegraph )

 

[iailwa]

Can't forget what happened with Rebel Wilson either... wrt defamation

 

[Karinna]

Can't forget what happened with Rebel Wilson either... wrt defamation

Who is Rebel Wilson?

 

[Karinna]

I was just googling William spedding and the articles about his case that was dropped or dismissed have all been removed as far as I can see. I wonder what the outcome of his defamation case was.

How long does a defamation case take to resolve usually in Australia?
It's heard in a civil court isn't it?

 

[Karinna]

Nevermind, I just googled about her. That was a big chunk of money awarded to her, and she had to pay most of it back, LOL.

 

[Thebottomline]

This article states only 10-15% of defamation cases make it to court
Free speech the loser in Australia's defamation bonanza

 

[Karinna]

This article states only 10-15% of defamation cases make it to court
Free speech the loser in Australia's defamation bonanza

Thanks for posting up the link.

 

[Thebottomline]

Thanks for posting up the link.

You’re welcome. It seems most cases settle before court. Prehaps the media publication being sued by spedding could possibly be rather confident of a win .

 

[Goosewhisperer]

I hope it doesn't settle out of court as they will probably have a non disclosure clause and we will never know what it was all about.

 

[iailwa]

Nevermind, I just googled about her. That was a big chunk of money awarded to her, and she had to pay most of it back, LOL.

I actually don't find it funny, with due respects karinna. It was a drawn out affair - if she succeeded fully, it would have made MSM - in particular, women's mags, more accountable for their reporting. But alas... no worries though, as i know you don't know much about the case, or who is Rebel Wilson

 

[SouthAussie]

Sophie Mirabella's defamation trial in Victoria against a smaller weekly newspaper took just 6 days.
Sophie Mirabella defamation case costs Victorian newspaper almost $300,000

Restaurateurs Aleksandra Gacic, Ljiljana Gacic and Branislav Ciric defamation trial in NSW against Fairfax Media took 11 years.
$600,000 restaurant review: Fairfax loses 11-year defamation battle

 

[Karinna]

I actually don't find it funny, with due respects karinna. It was a drawn out affair - if she succeeded fully, it would have made MSM - in particular, women's mags, more accountable for their reporting. But alas... no worries though, as i know you don't know much about the case, or who is Rebel Wilson

No, i didn't think it was funny. My LOL was more to do with her being awarded so much money in compensation and then having to give most of it back. That just didn't sound right to me.
And no, you're right i don't know much about her, only what i have read here so far.
Rebel Wilson ordered to repay millions after defamation case

 

[Karinna]

I hope it doesn't settle out of court as they will probably have a non disclosure clause and we will never know what it was all about.

Yes that might be the case as well if BS wins his case. I would think his lawyer would have advised him in regard to bringing such a case against media?

 

[Thebottomline]

I think I read too that a 12 month period applies from the defamation situation until you can file a complaint/ case.

 

[SouthAussie]

I think I read too that a 12 month period applies from the defamation situation until you can file a complaint/ case.

Yes, I also just read that if a media company offers a settlement and the person suing them refuses it, the media company can use that refusal in their own defence during a trial. That they tried to make amends, but the person suing them refused their offer.

 

[Thebottomline]

Yes, I also just read that if a media company offers a settlement and the person suing them refuses it, the media company can use that refusal in their own defence during a trial. That they tried to make amends, but the person suing them refused their offer.

I imagine that’s when greed can cost some of these complainants too.

 

[SouthAussie]

It is also claimed that Australia has some of the most restrictive media laws in the world, which inhibits the media from reporting on many things ... such as the age-old allegations against Don Burke for sexual harrassment.

Do Australia's strict defamation laws help protect high-profile abusers?

 

[Thebottomline]

If William Spedding was to win this case of defamation against his character with the reference to the van implying “Peddo” what would be the outcome I wonder if he ends up of being convicted of just that ?

Sorry to be at bit clearer- if someone is awarded compensation for an aleegation deemed untrue at the time but is then found guilty of said allegation. Hope that makes sense .