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Ram Tiwari was proven innocent by Australia court, SAF should continue his contract

ray_of_hope

Alfrescian
Loyal
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

The family will likely have its biggest Christmas celebration this year.
 
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fishbuff

Alfrescian
Loyal
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

he is not a PR in australia so it will just waste money to feed him here. therefore, it is better to send him back, that will take a load off us taxpayers here and cheaper that way.
 

Leongsam

High Order Twit / Low SES subject
Admin
Asset
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

Do u think SAF recall him back for service?

He wasn't proven innocent. He was found not guilty. There is a big difference.
 

ray_of_hope

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Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

Wonder whether he can get an ex-gratia payment from the NSW govt for wrongful conviction and almost 8 years incarceration.
 

mulvi74

Alfrescian
Loyal
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

He wasn't proven innocent. He was found not guilty. There is a big difference.

No. There is not. In the law of any civilized country a verdict of not guilty amounts to innocence. There is no such verdict as innocent. There is guilty and not guilty. He was eventually acquitted and is thus innocent. And good on him for fucking over the utter cunts that are the nsw police
 

jw5

Moderator
Moderator
Loyal
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

Has he offered any explanation why he bought the baseball bat and who the mysterious 4th room-mate was?
 

mulvi74

Alfrescian
Loyal
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

He doesn't have to offer any fucking explanation
He has the right o silence, another cornerstone of the justice system
 

jw5

Moderator
Moderator
Loyal
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

He doesn't have to offer any fucking explanation
He has the right o silence, another cornerstone of the justice system

That's also why it's more appropriate that he is described as fucking not guilty, and not fucking innocent.
 

mulvi74

Alfrescian
Loyal
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

In Australian law there is guilty or not guilty
2 scenarios
Now, given the assumption of innocence until guilt proven
If a is not guilty
Then a is innocent
NSW police are inherently corrupt and will tailor and exclude evidence to suit their hypothesis, despite being mandated to provide all evidence even if it is prejudicial to their case

Interesting here ...
http://www.caselaw.nsw.gov.au/action/pjudg?jgmtid=160554
 

ray_of_hope

Alfrescian
Loyal
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

These semantical points have also befuddled the best legal minds. There was the local case several years ago of a school teacher who was acquitted of molesting several schoolboys. It seems that the AGC was not very happy with the acquittal and said: "(The accused person) may be guilty in fact, but innocent in law because the evidence was not there." The judge that overturned the conviction took issue with these remarks. Read the case here:
http://mrwangsaysso.blogspot.sg/2008/07/guilt-innocence-in-criminal-legal.html

In my opinion, the learned judge is correct.
 

Leongsam

High Order Twit / Low SES subject
Admin
Asset
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

No. There is not. In the law of any civilized country a verdict of not guilty amounts to innocence.

I'm not sure which jurisdiction you refer to but in all jury trials, a jury never finds a defendant "innocent". They find the person "not guilty" because the prosecution did not prove its case beyond reasonable doubt based on the evidence presented. That is the cornerstone of the legal system.

http://www.oregoncriminalattorney.com/Criminal-Defense-Overview/Innocent-V-Not-Guilty.shtml
 

mulvi74

Alfrescian
Loyal
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

Then what do you propose convicting people on if not evidence ??
Further the minute you have the state (government) interfering in the judiciary and the verdicts of the judiciary then you have a totalitarian state.
How many people thought Lindy Chamberlain guilty ?
30 years later she gets an apology
 

Leongsam

High Order Twit / Low SES subject
Admin
Asset
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

These semantical points have also befuddled the best legal minds.

There have been numerous cases where criminal prosecution failed because "reasonable doubt" prevented a guilty verdict. However, this did not stop the defendant from being found guilty in a civil trial where the burden of proof is less onerous.

OJ Simpson is probably the most high profile example. Everyone knew he did it and there is not person on earth who believes he is innocent. However, the prosecution stuffed it up so the Jury had no choice but to return a "not guilty" verdit.
 

mulvi74

Alfrescian
Loyal
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

I'm not sure which jurisdiction you refer to but in all jury trials, a jury never finds a defendant "innocent". They find the person "not guilty" because the prosecution did not prove its case beyond reasonable doubt based on the evidence presented. That is the cornerstone of the legal system.

http://www.oregoncriminalattorney.com/Criminal-Defense-Overview/Innocent-V-Not-Guilty.shtml

In Oz there is guilty or not guilty based on 'innocent u til proven guilty'. It's guilty or not guilty. There is no 'innocent' or 'not prven' as there is in Scotland
Now let's say all fruit is either an apple unless you can prove it to be an orange. There is no mango, no durian no watermelon. If you bring me what appears to be a watermelon and cannot prove it to be an orange then in the 2 hypothesis scenario it is an apple. Failure to prove guilt = innocence
 

mulvi74

Alfrescian
Loyal
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

The us judicial system is a litigious farce where the only winners are the legal profession.
Massive judgements to plaintiffs who have signed over most of any potential damages to lawyers by way of enormous contingency fees
Please use oz, uk, nz rather than the US
 

ray_of_hope

Alfrescian
Loyal
Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

There have been numerous cases where criminal prosecution failed because "reasonable doubt" prevented a guilty verdict. However, this did not stop the defendant from being found guilty in a civil trial where the burden of proof is less onerous.

OJ Simpson is probably the most high profile example. Everyone knew he did it and there is not person on earth who believes he is innocent. However, the prosecution stuffed it up so the Jury had no choice but to return a "not guilty" verdit.


This I am aware. It is notable in the case of Ram Tiwary that the prosecution chose not to appeal the successful acquittal. He spent 8 years in jail and the prosecution chose not to appeal. That speaks for itself.
 
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