Thursday, April 30, 2009

Gutter Politics is OK, says Judge Eady


Partial, biased, hard-hitting electioneering, even if it merits the description "gutter politics", does not sustain an allegation of malice to found a cause of action for injurious falsehood; so held by the leading libel judge Mr Justice Eady in his judgment in the case of Quinton v Pierce, released on the internet today.

Clearly, this judgment only applies to politicians and could be justified on the basis that if you want to participate in a dirty game do not expect normal rules of civilized behaviour to apply and certainly do not expect your opponents to treat you with any civility. Lie down with dogs, get up with fleas.

To put that in latin (which we lawyers are no longer supposed to do): the defence could have been volenti non fit injuria or, going back to English, if you go into politics you are consenting to being traduced, vilified, blackguarded, having your character trailed through the gutter, your expenses questioned, your every word, act, omission etc. subjected to the utmost scrutiny, generally being booed and hissed at as if you were a pantomime villain (even, in those rare cases, where you are not) etc. etc. and you will have no right to complain because you knew what you were getting into you pathetic little moron.

Well, that is the ratio decidendi of the decision as far as I am concerned.

Do you agree?

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Wednesday, October 22, 2008

Another Turbulent Coroner


David Masters, the Wiltshire coroner, today joins the list of heroic coroners (headed by Andrew Walker) who are prepared to say to government and the military:

"UP WITH THIS WE WILL NOT PUT"
Samples from the coroner's findings as reported in today's London Times:
"The system in place failed the captain and crew of that aircraft and this should never be allowed to happen again."

"The stance taken by the US is difficult to comprehend."

"I just wonder, as an aside, what if the boot had been on the other foot - if a US aircraft had come down with the loss of 10 lives and the only eye-witnesses had been British forces?”
10 British servicemen died when their Hercules transport exploded. The details are readily available elsewhere.

Both the UK and US are criticised but the RAF stands indicted for "serious systemic failures."

My focus is on the independence of coroners to say things the government does not like.

Will David Masters suffer the same fate as Andrew Walker?

The problem is that coroners are far more easily removed (or, transferred sideways - ha, ha) than judges if the government does not like what they say. See the reference to Andrew Walker above and here.

OPINION:

The UK government's record is disgraceful. If they can can get rid of a judicial officer whose decisions they do not like then they will.

PROPOSITION:

Coroners need equal protection from arbitrary government interference as do judges.

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Thursday, July 03, 2008

British MPs Are World's Champion Pigs: It's Official


Today, British MPs have taken a narrow lead over Members of the European Parliament to take the title of the most mendacious and greedy so-called public servants in a supposedly democratic society. See the title post.

They simply will not give up their perks no matter what public opprobrium this entails. No matter the stench; they want their money.

Mind you, it is nice to see such cross-party cooperation on an issue of public interest!

The leaders consult:

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Sunday, June 22, 2008

Mugabe Wins: The World Loses: MI6 Fails To Act

Every inch the politician!

There was no other outcome possible. The bloody dictator wins, as he must and always would do. Which of us would put their hand out holding a pencil and vote for anyone else knowing that it would then be chopped off? Your daughters would then be raped and murdered. Your wife would then be cut into little pieces. There is no justice.

The world is totally mad so we might as well amuse ourselves by looking at a cat:
Why haven't MI6 assassinated him yet? What are they for?

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