Have the ABC, ACMA and Commonwealth Ombudsman conspired to pervert the course of justice?
Let's start with the following information:
Chris Uhlmann one day; Tony Jones the next
Does this provide evidence of a criminal act of fraud by the ABC? This, of course, has not been proven in a court of law. The ABC complaints process allows the ABC, the ACMA and the Commonwealth Ombudsman to draw their own conclusions and remain unaccountable for their actions in shutting down complaints against the ABC - regardless of whether or not the evidence submitted may support a finding of criminal wrongdoing.
"A kangaroo court is a judicial tribunal or assembly that blatantly disregards recognized standards of law or justice, and often carries little or no official standing in the territory within which it resides. Merriam-Webster defines it as "a mock court in which the principles of law and justice are disregarded or perverted"."
Do the ABC, the ACMA and the Commonwealth Ombudsman simply work together to form a Kangaroo Court?
CRIMES ACT 1914 - SECTION 43
Attempting to pervert justice:
(1) A person commits an offence if:
(a) the person attempts to obstruct, to prevent, to pervert or to defeat the course of justice in relation to a judicial power; and
(b) the judicial power is the judicial power of the Commonwealth.
Penalty: Imprisonment for 10 years.
2) Absolute liability applies to the paragraph (1)(b) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code .
(3) For the person to be guilty of an offence against subsection (1), the person's conduct must be more than merely preparatory to the commission of the offence. The question whether conduct is more than merely preparatory to the commission of the offence is one of fact.
(4) A person may be found guilty of an offence against subsection (1) even if doing the thing attempted is impossible.
Perverting the course of justice in English, Canadian, Hong Kong, and Irish law, is a criminal offence in which someone prevents justice from being served on himself or on another party. It is a common law offence carrying a maximum sentence of life imprisonment.
Common law defence is a defence based on decisions in previous cases.
Let's see what the http://www.courts.qld.gov.au/__data/assets/pdf_file/0017/86111/sd-bb-95-... website has to offer:
The prosecution must prove that:
- The defendant did the conduct alleged in the indictment;
- That the conduct alleged in the indictment had the tendency to pervert the course of justice, (see note 2 below) i.e., turn it aside from its proper course; The prosecution does not have to prove that the course of justice was perverted or would have been perverted. It is sufficient that the prosecution established that there was a real risk that injustice might result; (see note 3 below)
- That the defendant intended to pervert the course of justice by his actions. (see note 4 below)
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