If most of the evidence boils down to he/she said, this is what usually happens. What little evidence there is that appears to be objective ends up carrying the weight of whatever decision the judges make.
Bottom line is the judiciary will ask itself, "are we certain a crime happened". They usually don't end up taking character or mitigating circumstances into account.
The inconsistent evidence is really a matter for the jury. The directions are a fuck up
- Mr Hayne's legal team appealed, arguing Judge Helen Syme gave the jury "flawed" directions
- The appeal was also based on inconsistent evidence, the legal team said
Hayne is a **** but the legal system is set up this way to help everyone, including you and I. If the judge has made her mind up and influenced the jury before the verdict then there should be a retrial. Hayne may be guilty but what if she (the judge) did the same to the next person and they didn’t have the money Hayne does?Hayne has a history a for being this sort of guy.
Not the first time he has been in court for something like this.
The judge on this case who heard all the evidence said in her sentencing statement:
"The reliability and honesty of the victim's evidence was tested at length and in my view, her reliability was not in doubt. She said no several times,"
"The use of force was such that the victim had no prospect of stopping him physically.
"He was at least twice her weight at 100 kilograms and an athlete at the top of his form."
Seems like a pretty definitive summation.
People with money can keep throwing lawyers at their problem until one of them can find a loophole.
Help everyone or help the ones that can afford the best bullshiters AKA lawyers?Hayne is a **** but the legal system is set up this way to help everyone, including you and I. If the judge has made her mind up and influenced the jury before the verdict then there should be a retrial. Hayne may be guilty but what if she (the judge) did the same to the next person and they didn’t have the money Hayne does?
There is a system in place, the judge has a job and she needs to maintain her integrity.
I’m sure Hayne will be thrown back in the cell in due course, but it needs to be done the right way.
Those who can afford the best of the best in any field will always benefit more than most but the system allows for these types of cases to bring attention to certain issues and set precedents moving forward.Help everyone or help the ones that can afford the best bullshiters AKA lawyers?
Me too but think his appeal was based more on a technicality than lying Police & unreliable witnesses like De Belin’s trial. Couldn’t happen to a nicer blokeI am surprised by this, but he is going back to trial..