The demise of Christen Porter

 
  billybaxter Chief Commissioner

Location: Bosnia Park, Fairfield
He looks like (and seems to behave like) Bobby Peru. When looking for high quality  French Chardonnay at a reasonable price, there's plenty of choice in the Mâconnais. Any of the Pouilly appellations are a good bet.

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  nswtrains Chief Commissioner

Australia is not a country where the police are above accountability.

It is never "a criminal offence" for those in leadership positions up the chain to demand an inquiry to verify whether the actions of a police force were correct, or for other interested parties to advocate for such an inquiry. Far from being illegal, it is at the core of retaining a healthy democratic system that inquiries into police actions are a normal ongoing practice.

I can also think of the diminishing independence of journalists being intimidated by the government using the federal police.  Look at the case of the Special Forces and what they were doing in Afghanistan.  Once the story was written the journalist had her home raided by the Federal Police.  Does anyone think the police were not asked to do that given the sensitivities of the material and the potential damage to the government?

Another case was ASIO bugging the cabinet rooms of the Government of East Timor over the gas fields where negotiations were sensitive and woodside petroleum stood to loose a lot of revenue.

Police in Australia are puppets of the governments.
NSWGR8022
Wasn't ASIO. It was ASIS. Entirely different organisation.
  freightgate Minister for Railways

Location: Albury, New South Wales
This chap Hooke has come out saying he has information. Why not tell it to the police and see where it goes ?
  Aaron The Ghost of George Stephenson

Location: University of Adelaide SA
What the NSW police aren’t saying is that whilst they didn’t have the AFP dossier they didn’t need it. They don’t need to hear what Hooke has to say either. They are presumed to know what evidence looks like, and should get advice if they’re having difficulty with the concept of burden of proof.

NONE of it is sworn testimony, hearsay is unlikely to be ruled admissible, there is jo physical evidence and there is nothing cross examinable.

There’s a presumption of innocence and there is no way any of this will outweigh that presumption in court - any ‘investigation’ will just be a waste of time to find out that there is no reasonable prospect of conviction.
  K160 Minister for Railways

Location: Bendigo
Porter has commenced defamation action against the ABC and one of their journalists:

https://www.abc.net.au/news/2021-03-15/abc-christian-porter-sued-allegations-defamation/13248408
  bevans Site Admin

Location: Melbourne, Australia
Porter has commenced defamation action against the ABC and one of their journalists:

https://www.abc.net.au/news/2021-03-15/abc-christian-porter-sued-allegations-defamation/13248408
K160

Attorney-General Christian Porter has commenced defamation action in the Federal Court against the ABC and journalist Louise Milligan in a bid to clear his name and save his political career.

Mr Porter is suing the ABC for publishing “false allegations against him” in an online story that claimed he was the subject of historical rape allegations and, in a statement of claim, has also cited a Four Corners report in November last year.

A powerhouse legal team of Bret Walker SC, Sue Chrysanthou SC and Rebekah Giles commenced proceedings in the Federal Court today against the ABC, accusing the public broadcaster of “trial by media” and Milligan of acting with “malice” and engaging in a campaign against Porter in order to harm his reputation and have him removed as Attorney-General.

I am not sure how one could establish malice on that basis as an independent news report?
  Valvegear Oliver Bullied, CME

Location: Richmond Vic
If these allegations have been made publicly elsewhere ( and heaven knows, they were being aired all over the place), it would seem difficult to  see a case against the ABC for airing the fact that allegations have been made. I do not believe that the ABC has made any show of support for them, and to me, it looks like proving "trial by media" and "malice" is akin to kicking into the wind with a wet ball in the last quarter. I'll be very surprised if it actually goes to trial. I think it's a display of "attack is the best form of defence."
  kitchgp Chief Commissioner

"The sharing of offensive material on Facebook, and the reposting or commenting on other peoples’ postings can have serious and sometimes unexpected consequences.

A person who re-posts or re-tweets a defamatory publication potentially could be jointly and severally liable with the original publisher.

Re-publication of offensive and damaging material by others may result in either or both the original publisher and the re-publisher facing a potential claim in defamation.

The writer of an email may also be sued if the defamatory material contained in the email gets distributed or re-posted on the internet, notwithstanding that the writer of the email didn’t know or did not give permission for its distribution."


https://www.stacklaw.com.au/news/business-disputes/social-media-defamation-be-cautious-when-posting-or-re-posting-online-comments-reviews-and-links/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=LinkedIn-integration
  nswtrains Chief Commissioner

"The sharing of offensive material on Facebook, and the reposting or commenting on other peoples’ postings can have serious and sometimes unexpected consequences.

A person who re-posts or re-tweets a defamatory publication potentially could be jointly and severally liable with the original publisher.

Re-publication of offensive and damaging material by others may result in either or both the original publisher and the re-publisher facing a potential claim in defamation.

The writer of an email may also be sued if the defamatory material contained in the email gets distributed or re-posted on the internet, notwithstanding that the writer of the email didn’t know or did not give permission for its distribution."


https://www.stacklaw.com.au/news/business-disputes/social-media-defamation-be-cautious-when-posting-or-re-posting-online-comments-reviews-and-links/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=LinkedIn-integration
kitchgp
Law firms like to beat situations up to ensure a constant supply of business. A lot of the cases involve nutters and the initial complaints are usually trivial. In the Stacks website referred to they dig up an example of a dog owner moaning about a $470 vet bill and posting nasty things on FB about the vet. Obviously no one in their right mind would go to these extremes.

In a major situation, like Porter's, a lot more is required to meet the civil standard of 'On the balance of probabilities' than guy saying nasty things on FB about the poor old vet.

If I needed to take sick leave to refresh my mind I could think of better ways of doing that rather than having in depth discussions with barristers and solicitors to issue defamation proceedings. Is that the real purpose of taking sick leave?

I very much doubt that Porter believes he will succeed and its more forcing the enquiry that Scomo refuses to instigate. We shall see.
  michaelgm Chief Commissioner
  Valvegear Oliver Bullied, CME

Location: Richmond Vic
I'm still firmly of the belief that it's a legal tactic, probably to shut everyone else up.

Tactics are part of the legal game. Yesterday we had a report that police are closing in on the driver of a white ute over the couple missing in the Wonnangatta area. "Police are closing in" is cop code for "we don't know where he is but we're trying to scare him into revealing his whereabouts."
  justapassenger Minister for Railways

If I needed to take sick leave to refresh my mind I could think of better ways of doing that rather than having in depth discussions with barristers and solicitors to issue defamation proceedings. Is that the real purpose of taking sick leave?
nswtrains
I hope the ALP have demanded a medical certificate before granting a pair in the House for Porter while he is waiting for the news cycle to die down “sick”.

I very much doubt that Porter believes he will succeed and its more forcing the enquiry that Scomo refuses to instigate. We shall see.
nswtrains
I agree, he’s trying to wedge the PM.

There’s no way that he wants it to actually go to any court setting where the allegations against him can be argued with a lower burden of proof than the criminal trial that never happened.
  kitchgp Chief Commissioner

The sharing of offensive material on Facebook, and the reposting or commenting on other peoples’ postings can have serious and sometimes unexpected consequences.

A person who re-posts or re-tweets a defamatory publication potentially could be jointly and severally liable with the original publisher.

............................
kitchgp

Law firms like to beat situations up to ensure a constant supply of business. A lot of the cases involve nutters and the initial complaints are usually trivial. In the Stacks website referred to they dig up an example of a dog owner moaning about a $470 vet bill and posting nasty things on FB about the vet. Obviously no one in their right mind would go to these extremes.

In a major situation, like Porter's, a lot more is required to meet the civil standard of 'On the balance of probabilities' than guy saying nasty things on FB about the poor old vet.

......................................
nswtrains

The article wasn’t about the strength, or otherwise, of Christian Porter’s case. It merely points out that the fact that defamatory material has been posted elsewhere originally is not a defence, as was posited in the post immediately above.

Anyway, time to listen to 3AW.
  Valvegear Oliver Bullied, CME

Location: Richmond Vic
Anyway, time to listen to 3AW.
"kitchgp"
No thanks; I'll have ABC 105.9 FM for some good music.
  bevans Site Admin
  Aaron The Ghost of George Stephenson

Location: University of Adelaide SA
In relation to their airing of Katharine Thornton’s claims I read, but now cannot find that the ABC were intending to run with ‘the truth’ as a defence in Porter’s action.

If this is true, then the ABC need to be disbanded and whomever their legal advice is issued by needs to asked to show cause as to why they should be allowed to continue to act in law.

We do not have truth established in criminal matters until AFTER a successful prosecution at trial and even then depending on appeal; that this matter cannot even reasonably be prosecuted would seem that truth is unlikely to be established on either side of the allegations.
  sydneyshortnorth Train Controller

Location: On the 1 in 40.
Beware the power and longevity of screenshots!

Steve

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