“I didn’t do it, I’ve made a lot of mistakes in my life, but I’m not a murderer.
You’re killing an innocent man.”
These were Daniel Lewis Lee’s final words. Lee was executed in a US prison by lethal injection overnight. He was convicted of killing three people in 1996.
Execution by lethal injection has been legal in the United States of America since 1977. However, Lee was the first execution undertaken by the US Bureau of Prisons since 2003 after a federal moratorium on executions.
The federal moratorium ended in July 2019 after US Attorney General William Barr declared:
“The Justice Department upholds the rule of law- and we owe it to the victims and their families to carry forward the sentence imposed by our justice system.”
However, in the circumstance of Lee- the victims’ families were not supportive of his execution. Lee’s execution came after an eleventh-hour bid failed for a stay of execution. The execution was carried out anyway, in the cover of night, and the families of the victims were prevented from being there.
Execution by lethal injection has long been criticized as inhumane and barbaric.
Dennis McQuire gasped for air for 25 minutes while the lethal injection slowly took effect. Clayton Lockett died of a heart attack- not the lethal injection- 43 minutes after the start of his execution. Joseph Wood repeatedly gasped for one hour and 40 minutes before his death was pronounced. Executioners left Doyle Lee Hamm with 12 puncture marks, including six in his groin and others that punctured his bladder and penetrated his femoral artery- before his execution was called off.
Lee’s execution paves the way for others on death. Death row inmates Wesley Ira Purkey, Dustin Lee Honken and Keith Dwayne Nelson could be executed this month.
Kyran Seeto, a Gold Coast accountant has taken on a legal battle with Google over reviews ‘anonymously’ made in relation to his business.
There are a number of reviews providing wordless one-star ratings and critique about his business. Mr Seeto does not believe they have been clients of his firm.
One review by a Google user under the name of ‘Emma Anderson’ posted a review stating:
“Don’t bother going to this one…unless you want your concerns and enquires to be met with hostility…my favourite is when the account (sic) said to me, ‘That’s a joke, I don’t believe that, that’s a joke…they need training in customer service…Max accountants can take up to 20 days to even lodge your tax, they don’t tell you that…Wouldn’t bother, my first time using them and I know I’ll be going back to my old accountant”
Mr Seeto said he is trying to build a business and with “literally a keystroke they can destroy you…it’s not fair”.
Mr Seeto has suffered a significant impact to his business since the false reviews have been posted.
Justice David O’Callaghan agreed that the court could and should hear the case and that Mr Seeto has a prima facie case.
This is not the first time small businesses have taken on internet giant Google.
In South Australia an Adelaide lawyer won a $750,000 defamation payout against a woman who had never been a client but posted a bad review about his firm on Google. Later the same year, Google was ordered to pay $40,000 in damages in relation to defamation of a Melbourne lawyer.
In Melbourne, Justice Melinda Richards ruled that Google was a publisher, despite their denials and went on to say “The Google search engine … is not a passive tool”.
What are your thoughts?
Should Google and/ or the persons posting false reviews be held accountable?
At 12 midday today the Queensland border opened up to everyone except Victorian residents. Everyone else will have to quarantine for 14 days in a hotel at their own expense if in the previous two weeks;
- the person been overseas; or
- the person has had known contact with a person who is a confirmed case of COVID-19; or
- the person has been in a COVID-19 hotspot; or
- the person has had COVID-19 or has had symptoms consistent with COVID-19.
To enter into Queensland an online declaration has to be completed. It is an offence to provide false information on that declaration and a fine of up to $13,345.00 can apply.
It is an offence to Contravene a Reasonable Direction of a Police Officer. It is also an offence to Obstruct a Police Officer in the Execution of their Duties. Obstruct Police essentially is anything that makes an officer’s lawful job more difficult than what it needs to be. This can include behaviour such as resisting a lawful arrest. Fines or jail could be imposed for such an offence.
A person could be refused entry to Queensland if they do not satisfy the Police of their identity or they have completed a false declaration or provide false information to the police.
If you have any questions or find yourself with a police charge then you need to get reliable legal advice. Call Brooke Winter Solicitors on 1300 066 669
3000 public housing residents in Melbourne, have been forced inside their apartments since Saturday. The detention direction was enforced immediately, and residents have been forbidden from leaving their apartments.
The lockdown is being enforced by a significant police presence, with officers on every floor and no indication has been given for how long the lockdown will last.
From their windows, they can see their neighbours in private apartment blocks, leave their property for the four main reasons allowed under the Victoria’s stage three restrictions. Residents of these private apartment blocks were also given 24 hours’ notice of the detention direction so they could prepare for the impending lockdown period.
The disparity is insulting.
The government’s justification for this action is that residents of public housing are vulnerable and living in high density with many shared spaces.
Emma King of the Victorian Council of Social Service CEO, has responded to the justification, stating “the lockdown of the public housing residences looks like a crime scene. A pandemic response should not be a crime scene. It is a collective, public health issue from which no one is immune”.
The public housing lockdowns is a police-led intervention. The residents of the affected towers are not criminals and do not need more policing – they, like their private neighbour, should be given the dignity of a humanitarian and health care response.
The COVID-19 pandemic has already caused an enormous impact on Australia’s economy, with a second wave erupting in Victoria there are concerns our economy will take further hits.
Victoria has been hit the hardest. The economic output of Victoria alone will fall but 3.5 per cent, closely followed by Tasmania and Western Australia.
New South Wales, South Australia and Queensland are all expected to see falls of 2.9 per cent.
New South Wales accounts for approximately one third of the national economic output with Victoria accounting for approximately a quarter.
The closure is set to cause further setbacks for the tourism and travel industries and local businesses.
It is the first time in over a century that the border between Victoria and New South Wales is shutting. With the last time occurring in 1918-19 during the Spanish flu pandemic.
The Australian Industry Group chief Innes Willox has warned that there will likely be huge disruptions caused did to these closures and even went on to cite Cold War Germany.
“The border closure puts up a Berlin Wall between our two biggest states which represent more than half our national economy, and cuts in two our country’s main economic artery”
What are your thoughts, are the border closures the lesser of two evils?
Although the closures will cause significant economic loss during this time, some say it is preferable over the potential for further states having a ‘second wave’.
WHEN IS THE ELECTION AND WHO ARE THE BIG CONTENDERS?
This year the 2020 US elections will occur on 3 November 2020. This will allow voters to select the next president for their country. Voters will be able to choose Donald Trump again or select a new candidate. If a new candidate is selected, Donald Trump’s term as president will come to an end on 20 January 2021. It appears that Donald Trump’s biggest competitor will be Joe Biden, the popular Democratic nominee. As you may be aware, in the US, there are two parties considered by most voters – the Democrats (liberal) and the Republications (the conservative). When it comes to the Republicans, Trump is currently facing little serious challenges.
ARE THERE ANY OTHER CONTENDERS?
There is speculation about another celebrity running for president this year. This will be highly controversial and would have a significant negative impact on the US if elected. There are questions to be asked about how and if running the country could be done successfully from a celebrity with no political or legal experience. Nevertheless, at this point in time, there is no solid evidence which shows that the celebrity will be running for president.
Another contender is Bernie Sanders. Bernie is known as being a “Democratic socialist” and came close to nomination in 2016. Key issues he has mentioned include Medicare for all universal healthcare coverage, raising taxes for the wealthy, and increasing the minimum wage. As mentioned, the other Democrat which has been popular is Joe Biden. Joe is a Veteran politician and well known as Barack’s Obama’s vice-president in 2009. Key issues that Joe has mentioned include rebuilding the middle class, investing in infrastructure, and tuition-free public universities.
HOW WILL THE WINNER BE DETERMINED?
While popular votes can be determined earlier than the 3 November 2020, this will have nothing to do with the actual winner of the 3 November 2020. This is because it is possible to win the popular vote, but the lose the electoral vote which is what happened to Democrat Hillary Clinton in 2016.
On the 3 November 2020, voters will go-in person to an official polling place. Following this, each state will handle its own vote counting and a winner should be determined that night.
WILL CORONAVIRUS IMPACT THE ELECTION?
The coronavirus has already impacted the voting in the US. Many states have been under pressure to increase the option of mail voting, especially in the states that require voters to provide a proper reason why they cannot vote in person.
The impact of coronavirus is also important for the Election Day whereby people will have to go in-person to an official polling place because there is no online voting available. Overall however, it is unlikely that there will be any delay in terms of the Election Day.
It is not fresh news that Victoria has futher outbreaks and that those who should be quarantining have not been complying with self-isolation guidelines.
The New South Wales Government has announce that anyone travelling into the state from Victoria hotspots could be fined $11,000.00 or face a period of imprisonment.
The health Minister Brad Hazzard is signing a public health order today which prohibits anyone from 10 specific postcodes in Victoria from entering New South Wales.
The current Victorian hotspots include Pakenham, Hallam, Brunswick West, Maidstone, Sunshine West, Albanvale, Keilor Downs, Broadmeadows, Fawkner and Reservior.
Mr Hazzard when on to say
“Victorians living in virus hotspots have to take the Victorian and NSW health orders seriously and should be very aware that NSW will impose penalties if they seek to leave hotspot suburbs to enter NSW”
Victoria has faced a new outbreak and recorded 73 new coronavirus cases, the state’s virus total now sits at 2231 cases.
This has occurred after confirmation that among the new cases 3 were from hotel quarantine and 9 were associated with contained outbreaks. 42 remain under investigation.
What are your thoughts?
Should other States follow New South Wales and restrict those from specific postcodes?
Over the weekend, Victoria reported 75 new cases of Coronavirus marking the states fourth highest daily total since March 31st, 2020. Health Minister, Jenny Mikakos, announced that 14 of the 75 cases are linked to outbreak, 37 cases were picked up through routine tests, 23 are still under investigation and only 1 of the 75 cases can be linked to hotel quarantine. Fortunately, there have been no new deaths as a result with the total death toll remaining at 20 people. It is believed that all cases can be linked to one of the state’s ‘hotspot’ suburbs.
Currently, Victoria has a reported 9 people in hospital with 1 person in intensive care. It is reported that an estimated 15,000 coronavirus tests were undertaken on Sunday, 28 June 2020. The majority of positive results come from the concentrated ‘hotspot’ areas around the state.
A new coronavirus test is being sampled that involves testing salvia rather than taking a swab from the nose. The new test is less invasive and will be used in the worst hit suburbs. The test has been developed by the Doherty Institute and is being quickly delivered to the ‘hotspots’, with the help of the Defence Force.
As a result of the new cases, the Victorian premier, Daniel Andrews, has stated that the state will need to consider stay-at-home orders and further lockdowns in order to control the spike. He has made comment however in relation to further lockdown noting that “No one wants to go back to that unless we absolutely have to.” The state is also leaning on the advice of the federal deputy chief medical officer, Michael Kidd, who has stated that this new spike in cases it was not a second wave of the virus but rather that it is exactly what was planned when the outbreaks originally started to occur around Australia. Mr Kidd has praised the Victorian government’s thus far, stating it was “very vigorous and appropriate”.
Former High Court Justice Dyson Heydon, was appointed by Prime Minister Tony Abbott to the High Court of Australia in 2003. Heydon remained at the bench until his mandatory retirement in 2013.
As a High Court Justice, Heydon’s role was to interpret and apply the law of Australia. He would decide cases of special Federal significance, challenges to the constitutional validity of laws and he would hear appeals from Federal, State and Territory Courts.
Heydon as a High Court Justice, occupied an extraordinary, status-based position. He was held to the highest integrity within the legal profession and was trusted to be a fit and proper person.
However, an independent inquiry commissioned by the High Court of Australia has found that Heydon abused this trust, and sexually harassed six former Judges’ Associates.
Heydon denies the claims. Through his lawyers he states;
“Any allegation of predatory behaviour or breaches of the law is categorically denied by our client. If any conduct of his has caused offence, that result was inadvertent and unintended, and he apologises for any offence caused.”
However, within legal profession, Heydon’s predatory behaviour was an “open secret”.
A Judge-Associate relationship is both a professional and personal one. In addition to being their Associate’s boss and mentor, Judges and Associates, in their respective roles, will spend hours alone together. They are expected to travel together, and Associates are often expected to attend social functions with the Judge.
Heydon knowingly abused the imbalance of power he had with his Associates on multiple different occasions spanning a decade.
It is claimed that the legal profession turned a blind eye, in order to justify the level of power Heydon wielded as a Justice of the High Court of Australia.
Six brave women have now shattered this justification.
The allegations against Heydon demonstrate a pressing need for a deep cultural change within the legal profession.
At the Federal level in Australia, there is currently no independent regulatory mechanism to deal with complaints that are made against Judges.
No one is above the law, therefore there must be an independent mechanism for complaints that extend to cover the conduct of former Judges, who continue to enjoy an elevated status within the legal profession.
NSW Chief Justice Tom Bathurst suspects there will be winners and losers as the legal system and the profession adjust to life after COVID-19.
He has got women lawyers, clients, expert witnesses and open justice in the happy column. The sad faces will belong to those who expected things would return to normal.
“If you want to use the Rolls-Royce analogy, the car will run just as well,” said the Chief Justice in his chambers this week. “It might not look as attractive, but in due course people will get used to the different style.”
It will involve streamlined hearings, less time in court and less travel – all features of the lockdown. The hybrid model – one party in court and another on a video link – will become commonplace.
Chief Justice Bathurst cites directions hearings – in which courts check on the progress of a case ahead of trial to make his point.
“In the commercial area, a great majority of the directions will still be done online. And whether that’s by audiovisual or telephone, I think that will continue.”
“There will be some contested motions that will be done live. You could use a simple criteria: what matters really need to be heard in court?”
It would mean clients won’t pay for a lawyer’s time as he or she travels to court or waits for their case to be heard.
“We [could] say, ‘Your case will be determined between 9am and 9.15; log on at that time and keep your mute button and your camera on until the case is called’.
“It’s not just in the commercial area. You have the family provisions list; same thing. There will be a very, very significant saving.
“One of the things that always irritated me [at the bar] was that there would be contested directions with real issues, and you’d have to fly down to Melbourne, or to Perth. Sometimes it wasn’t necessary, but that’s what the client wanted.
“Now I think it will be much easier to say, ‘Let’s do it by AVL.”
He said witnesses, “particularly expert witnesses, and certainly non-contentious witnesses, won’t necessarily come to court”.
The Chief Justice said he had sounded out Supreme Court judges as to possible issues with taking hearings online.
“For example, [with] YouTube, it’s very hard to prevent another witness hearing what’s going on before they give their evidence.
“That’s a concern, and it will become a real concern in cases where there is a factual issue.”
He said apart from the criminal division area, where there had been no jury trials since March, there was no backlog. In another sign of a return to normalcy, jury trials resume on June 29.
“We’ll be using a two-court model – one for the trial, one in effect a jury room to keep to social distancing.”
The Chief Justice has heard the complaints about open justice being a casualty of COVID-19.
“I think it’s a bit of furphy actually,” he said. “Everyone’s been able to come to court and we’ve given people – if they want to – an audio or telephone connection so they can see and hear it.”
“There’s been a real improvement in our audiovisual capability,” the Chief Justice said. “What we have now is very different from what we had at the start [of the COVID-19 crisis].”
He said there was a big positive in the fact that it had been shown people could work efficiently from home.
“That mean’s the people with children or responsibilities will be able to not have their practice totally disrupted.
“That will be, in years to come, a huge development as far as the profession is concerned.
“The profession – and the judiciary – should reflect the general community, and this sort of thing is a real step towards that.”
Courtesy of Financial Review
"*" indicates required fields
Criminal Law, Traffic Law and Domestic Violence related matters anywhere in Australia
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
