6 ms·

Why not a 5 year moratorium on any details on any crime, since there could be significant defamation resulting from the trial? Why do these politicians have so

by steven2012 12y ago

Why not a 5 year moratorium on any details on any crime, since there could be significant defamation resulting from the trial? Why do these politicians have so much more protection that regular people? If international trade is so important, then why publish any details on any trading partner?

anigbrowl 12y ago
Some jurisdictions keep rape trials in camera for precisely this reason pending a guilty verdict. A great deal depends on the degree and credibility of the allegations made about the foreign counterparty, which I think the court is more qualified to assess than the public. As for why yu treat some politicians and public officials with kid gloves, the short answer is because they run countries (to varying degrees) and a domestic legal issue, while important, may not be so important that it justifies the risk of destabilizing another country, since Australia will still need to deal with the country in question after the individuals in question have left the stage. Ultimately, the value of diplomatic relations may exceed that of short-term legal transparency, depending on the circumstances.
- roel_v 12y ago
  Shush! We can't have anyone be reasonable, now can we, when we are talking about democracy and transparency! Them corrupt fat cats are holding us down, and sunshine desinfectent something, and Assange is being framed, and Down With The Man!
- steven2012 12y ago
  Nonsense. Which jurisdictions? None of the jurisdictions that value law and order have a complete shutdown of news over rape trials. This is political censorship. What's next? A ban on any political corruption trials on Australian politicians, especially the prime minster, because it could destabilize the stock market and cause a loss in confidence in the Australian Dollar, causing billions of dollars in potential damage? Money is not more important than what is right.
  - anigbrowl 12y ago
    Rape trials are commonly held in camera in India. There's a serious debate about preserving defendant's anonymity prior to conviction in the UK, ably summarized here: http://www.criminallawandjustice.co.uk/features/Anonymity-Charge-%E2%80%93-Part-I http://www.criminallawandjustice.co.uk/features/Anonymity-Ch... I'm not sure there's a single objective standard for 'what is right.' I would be reluctant to accept economic stability as an argument for secrecy, but I would be equally cautious about the possibility of injuring another country's stability. diplomacy and transparency are often at odds, but I don't think that's a negative quality of diplomacy.
    - steven2012 12y ago
      Yes, and India is not a bastion for consistent and progressive jurisprudence. You are the only one classifying it as a "serious debate". And since when does accused anonymity equate to a complete banning of reporting on the details of an alleged crime? If a country's stability is so easily damaged by details of a corruption case, then maybe it's time for a change. Nothing is more important than the truth and the freedom to report the truth. Who should be trusted to judge what should and should not be reported, and how much "damage" the truth would cause someone? The answer is no one.
      - anigbrowl 12y ago
        Lord Justice Leveeson's inquiry into the press (the context in which this discussion of defendant anonymity takes) place has been a very high profile event in the UK. You asked for examples, I supplied some. If a country's stability is so easily damaged by details of a corruption case, then maybe it's time for a change. Nothing is more important than the truth and the freedom to report the truth. Who should be trusted to judge what should and should not be reported, and how much "damage" the truth would cause someone? The answer is no one. I hold a different opinion. The media likes to wax noble about the truth when a great deal of the time it aims to exploit gossip or poorly-substantiated rumor for economic gain, cf. the tabloid press. I can see value in a temporary moratorium which does not distort the historical record but which does not facilitate exploitation of it either. As I've said before, what the public is interested in is not the same thing as what is in the public interest.

anigbrowl 12y ago

Some jurisdictions keep rape trials in camera for precisely this reason pending a guilty verdict. A great deal depends on the degree and credibility of the allegations made about the foreign counterparty, which I think the court is more qualified to assess than the public. As for why yu treat some politicians and public officials with kid gloves, the short answer is because they run countries (to varying degrees) and a domestic legal issue, while important, may not be so important that it justifies the risk of destabilizing another country, since Australia will still need to deal with the country in question after the individuals in question have left the stage. Ultimately, the value of diplomatic relations may exceed that of short-term legal transparency, depending on the circumstances.

roel_v 12y ago
Shush! We can't have anyone be reasonable, now can we, when we are talking about democracy and transparency! Them corrupt fat cats are holding us down, and sunshine desinfectent something, and Assange is being framed, and Down With The Man!
steven2012 12y ago
Nonsense. Which jurisdictions? None of the jurisdictions that value law and order have a complete shutdown of news over rape trials. This is political censorship. What's next? A ban on any political corruption trials on Australian politicians, especially the prime minster, because it could destabilize the stock market and cause a loss in confidence in the Australian Dollar, causing billions of dollars in potential damage? Money is not more important than what is right.
- anigbrowl 12y ago
  Rape trials are commonly held in camera in India. There's a serious debate about preserving defendant's anonymity prior to conviction in the UK, ably summarized here: http://www.criminallawandjustice.co.uk/features/Anonymity-Charge-%E2%80%93-Part-I http://www.criminallawandjustice.co.uk/features/Anonymity-Ch... I'm not sure there's a single objective standard for 'what is right.' I would be reluctant to accept economic stability as an argument for secrecy, but I would be equally cautious about the possibility of injuring another country's stability. diplomacy and transparency are often at odds, but I don't think that's a negative quality of diplomacy.
  - steven2012 12y ago
    Yes, and India is not a bastion for consistent and progressive jurisprudence. You are the only one classifying it as a "serious debate". And since when does accused anonymity equate to a complete banning of reporting on the details of an alleged crime? If a country's stability is so easily damaged by details of a corruption case, then maybe it's time for a change. Nothing is more important than the truth and the freedom to report the truth. Who should be trusted to judge what should and should not be reported, and how much "damage" the truth would cause someone? The answer is no one.
    - anigbrowl 12y ago
      Lord Justice Leveeson's inquiry into the press (the context in which this discussion of defendant anonymity takes) place has been a very high profile event in the UK. You asked for examples, I supplied some. If a country's stability is so easily damaged by details of a corruption case, then maybe it's time for a change. Nothing is more important than the truth and the freedom to report the truth. Who should be trusted to judge what should and should not be reported, and how much "damage" the truth would cause someone? The answer is no one. I hold a different opinion. The media likes to wax noble about the truth when a great deal of the time it aims to exploit gossip or poorly-substantiated rumor for economic gain, cf. the tabloid press. I can see value in a temporary moratorium which does not distort the historical record but which does not facilitate exploitation of it either. As I've said before, what the public is interested in is not the same thing as what is in the public interest.