Justice run amok in Oz

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Posted: Tue Mar 24, 2009 6:52 am

Last week a former Federal Court Judge (one of the highest judicial positions in the land) was sentenced to two years non parole custody. Mr Marcus Einfeld, 70 years of age, has had an enviable record of achievment as a jurist, and also as a human rights activist.
He was acclaimed a "living treasure" by Civil Rights organisations.
The circumstances of his imprisonment turned on his attempt to cheat a speed camera over a AU$77 fine.
The disgraceful efforts of the media frenzy ensured he would be convicted. Australia has lost the services of a man devoted to Human Rights, in particular indigenous affairs and immigration matters,oncerning bad treatment of refugees.
I now feel ashamed to be an Australian.

Posted: Tue Mar 24, 2009 7:21 am

Afferbecklauder wrote:

The disgraceful efforts of the media frenzy ensured he would be convicted.

That is the media for you. But it doesn't change the fact he did commit perjury and that no one is above the law. If he just paid the $77 fee no one would have cared. Maybe a small segment on A Current Affair or Today Tonight that anyone would have forgotten in 3 days. Using a dead person, a friend, as an excuse? And it was not the first time. Then when it was revealed she was dead, saying it was a "different" Terassa Brennan, who had also died.

There was a story on last night actually (Yes, I know, the ABC, but they try to be fair), he admitted he willingly lied in court.

I am ashamed a former Federal Court Judge could stoop to this level.

Posted: Tue Mar 24, 2009 11:19 am

@ Reaper

He did nothing that most members of the legal profession don't practice constantly. Sure he told a couple of porkies, but I guess he didn't expect a Telegraph reporter to Google through US databases. If they (the Telegraph) put as much effort into checking the veracity of the "Hanson" photos as they did with Einfeld. then that fiasco would have been avoided.

If you have ever had an RTA violation notice of which you were not guilty, you would rapidly learn to attempt to beat the system.
Punishment should fit the crime. We have rapists and violent people "walking" after a judge has exercised his discretion. Einfield did no harm except to RTA ego.

The outcome more likely was a payback for a rousing speech Einfeld made at Newcastle University in 2002. Google that and you'll see what this case was all about. PAYBACK!!

Posted: Tue Mar 24, 2009 11:43 am

Afferbecklauder wrote:

Punishment should fit the crime. We have rapists and violent people "walking" after a judge has exercised his discretion.

Hmm... don't you see the irony in that statement?

My personal view is that someone who is responsible for the law should uphold it and not break it. If they do break it, then the punishment should not fit the crime - they should have their ass kicked big time.

Posted: Tue Mar 24, 2009 11:47 am

Quote:

who is responsible for the law should uphold it and not break it

I agree with that, the lawmakers should know better. In the UK we have yet another Cabinet Minister caught fiddling his expenses, its not Ok because 'everyone does it'.

Posted: Tue Mar 24, 2009 12:55 pm

My two pence? So what if he did a lot for Civil Liberties? A "living treasure" indeed. He deserves to get the book thrown at him. Lying scum.

Posted: Tue Mar 24, 2009 12:56 pm

@ Roy

To a non Oz resident, the choreography of this affair is mind blowing. After his original Supreme Court conviction, he appealed, before sentencing, to the Court of Criminal Appeal. In short, the Full Bench decided that what he did was no more serious than a rail commuter who presented an out of date ticket. That Court threw his conviction out.

Just how he got back into the Court system raises more concern with me than the crime itself. The recent case was double jeopardy, and the print media don't want to go there. Maybe Einfeld just got sick of public attention.
A great number of disadvantaged people have benefited greatly over 40 years through the actions of Marcus Einfeld

But this was a political payback, see:

http://www.safecom.org.au/einfeld.htm

Posted: Tue Mar 24, 2009 5:05 pm

So this judge told the cops that someone else drove his car,
and the other person had been dead for several years?

Smile

Posted: Tue Mar 24, 2009 10:34 pm

I'm disgusted by the amount of pontifical prejudice I encounter on this site.
Everyone of you tell constant lies when baiting. Do you really think that being a baiter is a more noble occupation than a solid 40 years of sterling public service.

As for the name Theresa Brennan, Google will reveal that given her involvment in many matters past, she would have bee 159 years old at the time of allegedly driving his car

It seems many of you should apply for sainthhood.

http://www.news.com.au/dailytelegraph/story/0,22049,20842032-5001031,00.html

Posted: Tue Mar 24, 2009 10:43 pm

The Dingo drove my car!

Posted: Wed Mar 25, 2009 1:20 am

There's nothing to stop Marcus Einfeld from continuing his human rights work after his release from gaol. He may even have opportunity to do so while incarcerated. I've got no problem with his sentence though. This man has stood in judgement over others for many years, effectively holding himself over and above the general population. Then he blatantly lies about such a trivial matter as a speeding offence, but does so in such an underhanded manner that it can't be simply swept under a carpet or even handled as a straight forward court matter.

His actions have put a serious cloud over the Australian judicary, hence the harsh sentence. His fellow judges are probably more bitter about this than the average punter. Now if a prominent business man or celebrity had done the same thing the sentence would not have been anywhere near as harsh but then those people have no authority over us.

I sincerely do hope he does continue with his philanthropic work. In time he will be forgiven but he cannot be trusted as a member of the judiciary again.

Not quite a Newb Joined: 14 Jul 2005 Posts: 41

Quote:

My personal view is that someone who is responsible for the law should uphold it and not break it.

I agree with Slightly on this.

People in positions of trust and responsibility have to be trusted not to abuse that trust.

Elite Baiter Joined: 02 Jul 2006 Posts: 1702

life is complicated.

For all his achievements he blew it the minute he cheated.

When someone is given such power there character should be impecible, I think the sentence did fit the crime.

If a drug addict burgled your home he deserves to go to jail.
If a policeman burgles your home - he deserves to go to jail but for longer than a drug addict.

[EDIT: *removed a paragraph wasnt needed. ]

This goes back to the judge, if you get judged you expect it to be fair and impartial based on its merits - if the judge is breaking the rules - how could you get a fair trial?

Posted: Wed Mar 25, 2009 3:23 am

@ Goldry Bluzco

If you ever achieve 10% of Einfeld's achievments, you will probably become head of state in your country.

Seriously, execution should be mandatory for telling lies, also confiscation of all assets. Judgment should be by the media to hasten the outcome.
Eater, as well as the rest of society, may have a considerably reduced population.

To the reader who mentioned dingos, if the execution theory was applied to the parties involved, there would be no NT police left alive. Similarly the forensic analysts who couldn't discern paint from blood.

Posted: Wed Mar 25, 2009 10:33 am

It doesn't matter if he raised the dead, fed the 5000 or turned base metal into gold.
He was in a position of trust and he abused it.

Members of the judiciary know what they're taking on when they take that oath. They know that their character must be impeccable. They can't claim ignorance or blame outside influences if they break that oath and screw up.

If you work in a sweet shop and get caught stealing sweets, you've nobody to blame but yourself. As an employee of that shop, you're more of an asshole than a regular shoplifter because you've abused the trust that has been placed in you.

This is no different.

Posted: Wed Mar 25, 2009 12:31 pm

^^^
yep,
As a human I feel sorry for the silly old bastard as he had become a patriarch of the judicial system.
Then he lied and lied and lied, that was his undoing.
Stupid and stupid - make a movie Smile

Life is always a conundrum without it it would be bland

Posted: Wed Mar 25, 2009 1:08 pm

Just to clear the perceptions here, many posters appear to have the fixed notion that Einfeld was a practicing member of the Judiciary when these heinous offences occurred.
That is not so. He was called to the bench in 1986, after a brilliant legal career and retired in 2001. Appointment to the Federal Court, whilst a life appointment notionally, only carries the benefit of using the title of "Former justice" on retirement.
He did not interfere with little boys, bomb S**t out of third world countries, encourage pollution of the planet, or run Ponzi schemes that preyed on retirees.
As I have insisted earlier, this is a sick political payback, which was highlighted by a media frenzy. This matter is reminiscent of reported accounts of behaviour in Nazi Germany. This to me is a worry. Marcus Einfeld is Jewish.
Some of his most ardent media critics are people with form and some gaol time. eg Derryn Hinch.

Posted: Wed Mar 25, 2009 2:18 pm

he should forfeit his AO and The Hon. titles to prevent further embarassment. He has already been stripped of QC

Posted: Wed Mar 25, 2009 4:30 pm

Well, hmm....in terms of being above the law, I can only speak for what has been happening in the states.

Several cabinet members appointed by the new president have resigned due to improprities, including tax evasion and illegal immigrant (off the books) housekeepers. Of course, like all good politicians they pled ignorance about their own personal affairs and passed the blame on to the accountant, who ever hired the housekeeper, etc.

When a politician lies and it comes back to haunt them, they simply 'mis-spoke'. When I lie and the same thing happens, I'm called exactly what I am- a liar. Here's a very amusing link referencing Obama's cabinet problems:
http://www.enduringvision.com/news/politics_021309.php

Last year, a long time well respected Washington D.C. administrative court judge sued a dry cleaner who he claimed lost a pair of his trousers for $67 million dollars. Yes, $67 million. Made national headlines. This is a judge who sat on the bench administering 'justice' for the majority of his adult life. He obviously held himself above the law by insisting his case had merit, and indeed, it was heard. Any ordinary citizen bringing the same suit before a court would have been laughed out of town, but obviously he held himself above the law due to his position. Talk about abuse of power over something trivial. In fact his first appeal was struck down and he is now appealing the appeal.

Unfortunately the fact is, we are not all held to the same standards.

Okay well, I'll roll up my cynicism now and move along as this might be bordering a certain taboo here. Smile

Posted: Thu Mar 26, 2009 12:59 am

If we could get a few of the posters on this thread elected to the judiciary in their respective countries, then the Global Crisis woud disappear..
There would be tons of work for everyone building gaols and gallows.

@ezq I am sure they have already stripped any semblance of titles he may have. There's nothing left for you to feast upon.

@HOG Your perfectly right about different standards for different classes. This is quite common in Australia. But we are famous for our "tall poppy syndrome", this in a country where 12 out our last 20 Police Commissioners have been engaged in corruption.

Posted: Thu Mar 26, 2009 7:13 am

Why does the phrase, "Caesar's wife must be above suspicion" spring to mind. *

And also, "Justice must not only be done, but also seen to be done."

I suppose this former Federal Court Judge might well have been harshly treated, but justice must be transparent. Therefore he suffered so that the courts are not perceived by the general public as hotbeds of cronyism and old boy networks. Did I really say that? Of course they are, but it must appear as if former Federal Court Judges are not treated any differently from the hoi poloi.

*Stated by Julius Caesar himself.

Posted: Thu Mar 26, 2009 8:34 am

@ The individual who started this thread, no doubt. Laughing

One comment really did sum it up - this guy had power over others in the most frightening way, and yet he lied about something so trivial and yet so relevant to who and what he was. Very very bad.

Posted: Thu Mar 26, 2009 9:27 am

Afferbecklauder wrote:

If we could get a few of the posters on this thread elected to the judiciary in their respective countries, then the Global Crisis woud disappear..
There would be tons of work for everyone building gaols and gallows.

Actually, why not get all the posters in this thread to do the above?

Not one in here has agreed with you.

Posted: Thu Mar 26, 2009 11:05 am

He committed perjury (repeatedly) in order to avoid a $77 (!!!) speeding ticket by saying a dead woman was driving his car. Sorry, but I have no sympathy and I'm sure if he was hearing a case where someone else tried the same stunt he'd be equally unsympathetic. His 2-year sentence may be harsh but probably a worthy punishment for the waste of public money this case created. Nobody is above the law, especially those who impose it.

Posted: Thu Mar 26, 2009 12:56 pm

@ Slightly

You can be project manager. Wombats are great supervisors.

On a slightly different note, our Defence Minister has today admitted he had two overseas trips paid for by a lady friend. Earlier in his declaration of pecuniary interests he admitted to only an exchange of minor gifts with this lady, who is Chinese born.
His own department has already hacked into his personal computer and discovered the lady's personal bank details on his computer. Investigations are ongoing.

Anyone care to comment? More grist for the mill.