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 Updated 12 May 2008 Australian Time

The Justice System? I think not!!

This past week here in Queensland Australia has seen such a travesty of justice that one can hardly believe such stupidity exists in our society. A conviction was overturned by a judge, of dubious mental acuity, of a convicted killer of an innocent animal. I quote from the Brisbane Courier Mail newspaper:

A BRISBANE teenager who kicked a kitten to death after it affectionately rubbed up against him in a suburban park had his sentence overturned this morning. Last November, Shane Moore, 18, of Narangba, pleaded guilty to one count of animal cruelty in the Caboolture Magistrates Court and was sentenced to one month jail by magistrate Peter Hasted who described the crime as "atrocious and indiscriminate acts of wanton savagery ... for whatever perverse notion of amusement or sport". However, Judge William Everson allowed Moore's appeal after barrister Brian Devereaux, SC, successfully argued that his client's sentence for the 2006 attack on the kitten was "manifestly excessive".

And further in the same article it states: "Moore spent five days behind bars last November before his lawyer successfully requested he be released from custody until the outcome of today's appeal. In his written findings, Judge Everson said the Magistrate "mistook the nature of the offence" and was wrong to conclude the kicking was for "amusement or sport" as there was no evidence Moore intended to kill the kitten."

End of quote.

I don't particularly think that I'm all that intelligent, but the stupidity of this judge's opinion and judgement far outweighs any low opinion I may have of myself. The quote that "there was no evidence Moore intended to kill the kitten" is beyond belief. Did this incompetent think the kid was possibly practicing goal kicking for his rugby football team? One look at the boy on television, when he flicked his cigarette and then passed "the bird" to the camera in defiance of ANY decency, would suggest otherwise. Maybe the judge thought that this was simply a kick at the animal (a 3 month old kitten) because he was in fear for his life when it brushed against his leg? Even this little malcontent misfit looks stronger than that. So what possible reason could this judge have for ineffectually "slapping him on the wrist with a probationary sentence"? What possible good will that do to rehabilitate a young man who has, to date, shown NO remorse whatsoever for his actions?

Even the local RSPCA spoke up and said, again from the same newspaper article, "Moments after the decision was handed down RSPCA chief inspector Michael Pecic said the organisation was ``extremely disappointed'' with a ruling they believed would send the wrong message to the community."

Is it any wonder that the RSPCA thought that? Thus, my question simply put is, where is your brain Judge William Everson? One can only trust that you do remember you sit in that position to protect the community at large, not some violent teenager protected by the best lawyer his family could pay for? One wonders.

Therefore I have a new idea I would like to put forth to the general populace who are as sick of such stupidity in our judicial system as I am and I harbor the hope that it may well gather strength as well. I suggest that we all, and yes, I mean you too, ALL petition our respective governments that when a judge makes such a stupid decision as a) letting a blatant malcontent out on bail (when common sense tells you this person will take flight or recommit the offence before their court appearance) and/or b) the judge in question serves justice by providing the defendant with a nothing sentence that you KNOW will do nothing to deter them in future, when that offender is arrested again (and there is NO doubt in my mind that he will be, on another charge of a violent crime) - that that judge ALSO is arrested at that time and spends 7 days in a jail until he/she learns some common sense and reviews their previous incompetent decision and reverses it.

If that were in place one wonders how many judges who obviously have NO credibility any longer would stay as judges? I suggest only those with a head on their shoulders that does more than protect their chest from the rain would stay. And is that such a bad thing for society to have? I personally think not.

Please, dear reader, do NOT think for one moment I am against the justice system NOR against judges in general. Indeed, one of my personal favourite people on the planet is a judge, but she has a head on her shoulders and thinks through the ramifications of every decision she makes, unlike the ones we so often hear about. There are many good, well trained, mentally sharp judges out there who do a good job for society and the protection of the community. I also am not a "hang 'em all" type of person at all. I also know some judges get it wrong in the other direction and convict some with NO care for truth or right or wrong, which is equally stupid in my eyes.

But this is one of the times when I do ask you to look at your own judicial system and the judges employed with YOUR tax dollars and if they do NOT adequately represent the feelings of the community at large, then they should not be there. I take exception to the saying that "justice is blind" as well. It now is more appropriate to say "lawyers and some judges are blind". Justice is justice, and unfortunately many tend to forget that.

So write to your Minister of Justice, or your state and federal representative or even your President, Prime Minister, or King or Queen. Tell them your thoughts, your concerns. Ensure that they know that you also vote and are happy to base your next vote on those who will provide adequate protection to ALL of society, not simply the rich and famous who can afford better lawyers. This travesty of justice MUST stop. Become involved and write your representative and say what you feel.

Join me. it's time this were not, as always, simply....

Just my musings...

Mac


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