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Messages - DJC

2
The Sports Desk / Re: Barry Cable Learns his fate
Quote from: shawny – on
Quote from: DJC – on
Judge Bowden said "While I generally accept [her] evidence and have found that Mr Cable has the tendency alleged and I consider it more probable than not that she is telling the truth, I am not persuaded of guilt beyond reasonable doubt in respect of any count on the indictment."

To find Cable not guilty without discussing the difficulties both prosecution and defence had in presenting evidence and without mentioning the apparent truthfulness of the victim's testimony would have left her with a reputation as a liar.

The phrase "the tendency alleged" is in reference to a judge finding in a 2023 civil action that Cable had abused the plaintiff when she was a child.

Judge Bowden is basically saying that Cable probably did abuse the victim but the evidence is insufficient to prove the case beyond reasonable doubt.  By doing so, he is discharging his responsibilities to both the defendant and the alleged victim.




Still like a bit unfair. What is he basing his opinion on when he says 'its more probable then not she is telling the truth' if there isn't the evidence to prove it? Is that just his opinion?

Sounds like the AFL finding Butters guilty cause the umpire say i heard him say it.

I'm all for tougher judges and sentencing but there needs to be the evidence first to find them guilty or all you have is a testamony which is just a person's version of events isn't it.

I may be missing something but i think he should not comment if the accused is found not guilty.

Yes it is the judge's opinion; his job is to form an opinion, based on the evidence presented, as to guilt or innocence.  It was a trail by judge alone so he wasn't directing a jury but determing guilt.  Part of that is assessing the truthfulness of each witness's testimony.  Cable did not take the stand.

The judge has a responsibility to see that all parties are afforded justice ... within the rules.  Commenting on the veracity or otherwise of witnesses, victims, defendants is standard practice.

Cable was found not guilty because of the requirement to prove guilt beyond reasonable doubt.  He lost another child abuse case in a civil action where the burden of proof is not so onerous.  Other women gave evidence of the abuse they suffered as children so there was corroborating evidence, but of a general nature and not of the specific charges.
3
The Sports Desk / Re: Barry Cable Learns his fate
Judge Bowden said "While I generally accept [her] evidence and have found that Mr Cable has the tendency alleged and I consider it more probable than not that she is telling the truth, I am not persuaded of guilt beyond reasonable doubt in respect of any count on the indictment."

To find Cable not guilty without discussing the difficulties both prosecution and defence had in presenting evidence and without mentioning the apparent truthfulness of the victim's testimony would have left her with a reputation as a liar.

The phrase "the tendency alleged" is in reference to a judge finding in a 2023 civil action that Cable had abused the plaintiff when she was a child.

Judge Bowden is basically saying that Cable probably did abuse the victim but the evidence is insufficient to prove the case beyond reasonable doubt.  By doing so, he is discharging his responsibilities to both the defendant and the alleged victim.


5
The Sports Desk / Re: Track and Field
Some great efforts by the sprinters but it’s very poor that Jess Hull doesn’t get to defend her title.

There should be a process to address the unfair elimination of top performing athletes.
10
Blah-Blah Bar / Re: Iran, I ran so far away - flock of seagulls
Pete Hegseth: "[USA and Israel] will have complete control of Iranian skies, uncontested airspace!  I hope all the folk watching understand what uncontested airspace and complete control means."

Taco: "We're over their skies with the most beautiful planes you've (sic).  Roaming free.  There's not a damn thing they can do about it!"

It turns out that's not entirely true as Iranian forces have just shot down an F-15E Strike Eagle and an A-10C Thunderbolt, as well as damaging two Blackhawk helicopters searching for one of the crew from the F-15.  Three other F-15s were shot down by Kuwait in a "friendly-fire" incident and an F-35 Lightning made an emergency landing after being struck by an Iranian missile.

Hubris has a way of coming back to bite you on the butt.
13
Blah-Blah Bar / Re: General Discussions
Quote from: kruddler – on
Quote from: DJC – on


Most people in gaol are innocent ... if you believe them  ::)

Of course.

Problem is, there are way too many who are telling the truth.

Plenty of information out there....and its not even something i follow strongly. Its too depressing TBH.

Watch....Making a Murderer.
The Staircase.
.....listen to the innocence podcast (IIRC)

Get the conviction....bleed them dry and hope they run out of money to clear their own name.

My late brother was a barrister who specialised in criminal law and he represented several clients who were on the margins of the gangland killings.  He reckoned that all of his clients were guilty but it was his job to get them off or, if that wasn't possible, to get the shortest sentence possible.
15
Robert Heatley Stand / Re: AFL Rd 3 2026 Post Game Prognostications Carlton vs Melbourne
My day at the footy:

I left home at 1300 and caught the VLine train from South Geelong.  It was a leisurely trip, so leisurely that I missed our first two goals.

One of the things I noticed walking from the station to the G was how few cars were parked in Yarra Park; fuel prices are biting.

I haven’t listened to any commentary on the match, read any reviews or posts here, watched replays and I haven’t seen any stats or votes.  What follows are my own impressions, as flawed as they may be.

We played damn good footy in the first quarter and it seemed that we were going to give the Dees an old-fashioned shellacking.  The only concern I had was that Max Gawn was all over Pitto and Skull.

The second quarter was much the same, although we weren’t getting the results on the scoreboard and big Max stepped his game up a notch.

I braved the crush in the Legends’ Lounge at half time and enjoyed a glass of Balter XPA.

At the start of the third quarter two thirds of the G was bathed in sunlight and it looked magnificent.  I thought that you couldn’t get a better day in Melbourne, if only our team could continue on. Half way through the third quarter, the sun began shining directly into my eyes and my shady seat was roasting.  Mistakes were creeping into our game and Gawn had stepped up another notch.  Kosi Pickett was making his presence felt too.

We started the last quarter well and my confidence was restored ... momentarily!  Melbourne lifted again and it was like we’d lost all confidence and cohesion and were resigned to losing.

It’s probably unfair to single players out but I thought that Kemp had an absolute shocker.  He seemed to be far more concerned about his opponent than he was about leading and making his defender work.  Our youngsters – Dean, Smith, Carroll, Byrne and Skull - all made rookie errors.  That’s to be expected but it’s still momentum sapping.  And, speaking of momentum sapping, the holding the ball free against Hewett was critical … and the Dees seemed to get more than their fair share of critical frees.

Lij Hollands was mercurial at times and the usual suspects plugged away, but we had no answer to big Max and Kosi.

Forget about Daicos and the Bont, Max Gawn is the best footballer going around now.  Apart from his ruckwork, the outcome of virtually every kick down the line was a foregone conclusion.   

The train trip home was morose and strangely quiet.  I spoke to a Melbourne supporter who was getting off at South Geelong too and he said, “I can’t work out how we won, or how you lost.”  I think the answer is between the ears.

I got home just after 2030; a long and pretty dismal day.