I've started this blog to share with those that may be interested in sports, books, topical news and the justice system as it applies to cyberspace and generally.
Tuesday, December 28, 2010
Aah, the stakes increase.
Mr Power still wants the role of King in pre Magna Carta times, how quaint for him and how expensive for the country.
You may well be right. However, the circuitous route he has chosen (the Cabinet Rules) are legally clumsy and in many ways inpractical for this case where there are two absolutes, a PC ruling of an actual MOJ and an accquittal by Jury. David Bain will ultimately prevail even in many years time perhaps even before the PC again if this or the next Government don't settle. There remains a question under the current process and that is abuse of executive power over the Courts, even if it is under Cabinet guide lines, ultimately any Government would come undone on that if it becomes the final question. Better to be pragmatic, move on and tidy up the process for such cases to be remedied, at any one time we seem to have a number hanging around and justice delayed is justice denied.
If they had but a little experience they would know that the Courts always encourage settlements, and if Michael Reed QC didn't take a pragmatic approach to finding agreement he wouldn't be doing his job.
Who knows, we may even see Simon Power's decision brought for Judicial Review.
Perhaps Minister Power is being cautious and considers the cost worth having a transparent process that is beyond criticism by either side?
ReplyDeleteYou may well be right. However, the circuitous route he has chosen (the Cabinet Rules) are legally clumsy and in many ways inpractical for this case where there are two absolutes, a PC ruling of an actual MOJ and an accquittal by Jury. David Bain will ultimately prevail even in many years time perhaps even before the PC again if this or the next Government don't settle. There remains a question under the current process and that is abuse of executive power over the Courts, even if it is under Cabinet guide lines, ultimately any Government would come undone on that if it becomes the final question. Better to be pragmatic, move on and tidy up the process for such cases to be remedied, at any one time we seem to have a number hanging around and justice delayed is justice denied.
ReplyDeletebefore the DB haters get too excited with the rah rah pompoms, the fools should realise that this is just step 1 of many steps.
ReplyDeleteOf course.
ReplyDeleteIf they had but a little experience they would know that the Courts always encourage settlements, and if Michael Reed QC didn't take a pragmatic approach to finding agreement he wouldn't be doing his job.
Who knows, we may even see Simon Power's decision brought for Judicial Review.