3個月前寫了這篇：新南威爾斯的廉政公署雪上加霜，有關新南威爾斯州的檢察官Margaret Cunneen的新聞，廉署被最高法院裁定無權偵查妨礙司法公正案件後，便把該案交給刑事檢控專員，希望交給警方跟進，殊不知刑事檢控專員聲稱避嫌，自己不去決定檢控下屬的案件，故此徵詢維多利亞省的刑事檢控專員的意見，結果就不予檢控。真的要做到免除公眾疑慮，就應該尋求私人執業的資深大律師的看法，而不是找別省的自己友去做。就算基於公眾利益不予檢控，也應解僱Cunneen。這件案爆出來就是因為這女檢察官跟黑社會人物交往過密，而手機被監聽，才知道她叫兒子的女友在交通意外後佯稱胸痛來拒絕在現場呼氣測試。如果發生在香港，跟黑人物交往，已遭當年廉署副署長徐家傑相同的下埸，二話不說，先執包袱。下面這則新聞，可見脫了身的Cunneen還在侃侃而談，大肆批評廉署濫權。
懂法律的人，可以把法律弄諸掌上，可以得逞，主要是把關的人姑息養奸，或者暗中偏幫。這是澳洲，不是香港，有普選也可以發生很多使人咋舌的事。譬如最近議會議長Browyn Bishop濫用公帑坐直升機，不肯交出申報表格，後來索性講簽名時無看內容，蒙混過關。反對黨為此向聯邦警察報案，要求控告她詐騙，殊不知聯邦警察不受理，只轉介給財政部處理。這叫以政治手段解決法律問題。
追求普選的人應該堅持到底，但不要以為那是解決一切的萬靈丹。
Margaret Cunneen blasts ICAC's 'extraordinarily draconian' powers
Crown prosecutor Margaret Cunneen has criticised the powers of the Independent Commission Against Corruption as "extraordinarily draconian" after a decision by NSW authorities not to charge her over allegations she had tried to pervert the course of justice.
Two days after the decision to not prosecute her over allegations she advised her son Steven Wyllie's girlfriend, Sophia Tilley, to fake chest pains to avoid a breath test after a car accident the couple was involved in last year, Ms Cunneen blasted ICAC for the quality of its investigation.
"Even the most elementary investigative step of speaking to any of the kind bystanders who helped Sophia from the wreckage would have revealed that she was being treated in the ambulance before the police arrived," Ms Cunneen told Fairfax Media.
"She didn't say a word to the police at the scene so she certainly didn't tell them any lies. She was taken to hospital and routinely blood-tested with a 0.00 result."
Ms Cunneen - who has always strenuously denied the allegation - said it "was always an impossibility on its facts".
It was "a dreadful thing that this young couple, and Sophia in particular, having just survived a devastating crash in which she was not at fault, would be subjected to the extraordinarily draconian powers of ICAC which extend way beyond those of the Police or the proper courts."
As part of its investigation ICAC last year issued warrants to seize the mobile phones of Mr Wyllie, Ms Tilley and Ms Cunneen. The trio was also called to give evidence to the commission in private hearings.
"These powers should be reposed in only competent and scrupulously impartial hands and reserved for the most serious of criminal matters," Ms Cunneen said on Sunday.
Later, speaking on radio 2GB, Ms Cunneen said that "if this could happen to me ... then it can happen to any citizen and any family".
"I'm fortunate, I know a bit about the law and hundreds if not thousands of lawyers, many of whom have been of assistance to me," she said.
"But if this happened to any other family without those resources, they'd just have to cop it".
The ICAC had referred evidence to the NSW Director of Public Prosecutions relating to the allegation against Ms Cunneen.
The referral followed a successful High Court challenge by Ms Cunneen against ICAC proceeding with public hearings into the matter. The court found ICAC was acting outside its powers in investigating Ms Cunneen.
Given Ms Cunneen's role in the NSW legal profession, the NSW DPP asked the Victorian Chief Crown Prosecutor to advise on the matter.
On Friday, NSW Solicitor-General Michael Sexton said he had considered the advice of the Victorian Chief Crown Prosecutor in forming the view no prosecution should be brought.
The ICAC has declined to comment on the decision, which comes as former chief justice of Australia Murray Gleeson and senior barrister Bruce McClintock prepare to hand their review of ICAC's powers to Premier Mike Baird on Friday.
The review was commissioned by Mr Baird following the High Court decision which found ICAC did not have the power to investigate Ms Cunneen.
懂法律的人，可以把法律弄諸掌上，可以得逞，主要是把關的人姑息養奸，或者暗中偏幫。這是澳洲，不是香港，有普選也可以發生很多使人咋舌的事。譬如最近議會議長Browyn Bishop濫用公帑坐直升機，不肯交出申報表格，後來索性講簽名時無看內容，蒙混過關。反對黨為此向聯邦警察報案，要求控告她詐騙，殊不知聯邦警察不受理，只轉介給財政部處理。這叫以政治手段解決法律問題。
追求普選的人應該堅持到底，但不要以為那是解決一切的萬靈丹。
Margaret Cunneen blasts ICAC's 'extraordinarily draconian' powers
Crown prosecutor Margaret Cunneen has criticised the powers of the Independent Commission Against Corruption as "extraordinarily draconian" after a decision by NSW authorities not to charge her over allegations she had tried to pervert the course of justice.
Two days after the decision to not prosecute her over allegations she advised her son Steven Wyllie's girlfriend, Sophia Tilley, to fake chest pains to avoid a breath test after a car accident the couple was involved in last year, Ms Cunneen blasted ICAC for the quality of its investigation.
"Even the most elementary investigative step of speaking to any of the kind bystanders who helped Sophia from the wreckage would have revealed that she was being treated in the ambulance before the police arrived," Ms Cunneen told Fairfax Media.
"She didn't say a word to the police at the scene so she certainly didn't tell them any lies. She was taken to hospital and routinely blood-tested with a 0.00 result."
Ms Cunneen - who has always strenuously denied the allegation - said it "was always an impossibility on its facts".
It was "a dreadful thing that this young couple, and Sophia in particular, having just survived a devastating crash in which she was not at fault, would be subjected to the extraordinarily draconian powers of ICAC which extend way beyond those of the Police or the proper courts."
As part of its investigation ICAC last year issued warrants to seize the mobile phones of Mr Wyllie, Ms Tilley and Ms Cunneen. The trio was also called to give evidence to the commission in private hearings.
"These powers should be reposed in only competent and scrupulously impartial hands and reserved for the most serious of criminal matters," Ms Cunneen said on Sunday.
Later, speaking on radio 2GB, Ms Cunneen said that "if this could happen to me ... then it can happen to any citizen and any family".
"I'm fortunate, I know a bit about the law and hundreds if not thousands of lawyers, many of whom have been of assistance to me," she said.
"But if this happened to any other family without those resources, they'd just have to cop it".
The ICAC had referred evidence to the NSW Director of Public Prosecutions relating to the allegation against Ms Cunneen.
The referral followed a successful High Court challenge by Ms Cunneen against ICAC proceeding with public hearings into the matter. The court found ICAC was acting outside its powers in investigating Ms Cunneen.
Given Ms Cunneen's role in the NSW legal profession, the NSW DPP asked the Victorian Chief Crown Prosecutor to advise on the matter.
On Friday, NSW Solicitor-General Michael Sexton said he had considered the advice of the Victorian Chief Crown Prosecutor in forming the view no prosecution should be brought.
The ICAC has declined to comment on the decision, which comes as former chief justice of Australia Murray Gleeson and senior barrister Bruce McClintock prepare to hand their review of ICAC's powers to Premier Mike Baird on Friday.
The review was commissioned by Mr Baird following the High Court decision which found ICAC did not have the power to investigate Ms Cunneen.
(Sydney Morning Herald 26/7/2015)
Hi Bill, I do not understand the rationale. If 普選 is not 解決一切的萬靈丹, why should we not try something else rather than 堅持到底? I know you are kind of a democarcy advocate but should you lock yourself into a square? And, isn't the above case you quoted shows all crows are black, just darker or less?
回覆刪除Crows are black is without doubt. What I am saying is universal suffrage does not solve all problems. Nonetheless people feel more comfortable when they think they have the free will to choose whether they choose wrongly or not. There is no panacea. There is only disillusionment if people think universal suffrage cures all.
刪除"only disillusionment if people think universal suffrage cures all." That is exactly my point. If and when a man made system like universal suffrage does not work or at the very least not working to meet the bottom line, should we not try something else? That's why I reckon Americans are a great people. They make you to belief they are one thing whilst they are actually doing the exact opposite. For that reason, I suggest you do not ban Maro. He is a fxxxing cxxx but he is honest. If one is prepared to show one's true self to you, one cannot be your real enemy.
刪除Apparent there is no better system. So we are left with little choice. You just believe the universal suffrage is the best choice.
刪除As for Maro, it is not a subject of discussion here. I will keep my words. Whenever I see comments I reasonably conclude to be Maro's or his disguise of somebody else, I will just delete. I will let him enjoy his own honesty in the mirror. He cannot tread on my turf again.
You have my full support here.
刪除BJ
講起老妨，你點睇女童墮樓死因研訊單case？從已公開的資料，有人被控宣誓下作假證供和妨礙司法公正的機會大嗎？
回覆刪除不相信證人，甚至覺得他們講大話，作為批評容易，要提出刑事檢控起碼要有證據，除非有人在警誡下承認，否則這件事告一段落。
刪除澳洲人怎樣看待這些事呢？是不是 "I Can Accept Cunneen"?
回覆刪除PHLI
Just a headline on the news. Politicians rank below second hand car salesman. Aussies got better things to do do, e.g. AFL, MKR (sorry its stopped). Otherwise, how on earth can Tony ever became the PM?
刪除澳洲人怎看待這事，我只能憑個人感覺講。澳洲地大，每個人空間多，他們腦袋的空間也多，他們甚麽都不會牢記，所來容易忘記。Cunneen做過甚麽，吸兩啖氣，放兩個屁，就忘記了。
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