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Thread: John Banks guilty

  1. #76
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    Quote Originally Posted by Akzle View Post
    actually, acordering to the nurburgerrings trial, "doing it cos everyone else is" isnt a valid excuse/legal defence.
    Better, have another 120 odd trials and see how impartial the judiciary actually is.
    Shooting the flag bearer and claiming youve won the war? Bah!
    Take a look at NZ employment law.

    See how many employer arguments have been lost because they allowed unchecked dissmisable actions to prevail as "custom and practice"!

    Oldest trick in the book by unions in dismissal defence ... employers must check and stop bad practice every time not just as it suits them!

    If it can be proved that the others have done/are doing it Banks is home free on appeal, it's accepted "custom and practice" end of story!

  2. #77
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    Quote Originally Posted by oldrider View Post

    If it can be proved that the others have done/are doing it Banks is home free on appeal, it's accepted "custom and practice" end of story!
    So if it can be proved that other people have robbed and stolen money, then al those who rob and steal money will get off??? Custom and Practice???

    I don't see the argument at all sorry ..
    "So if you meet me, have some sympathy, have some courtesy, have some taste ..."

  3. #78
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    Quote Originally Posted by MVnut View Post
    At the Privy Council he would be tried by a jury of his peers (in other words Masons).....the only crime a Mason can find another Mason guilty of is Treason I believe....certainly not what Banks is accused of (and found guilty here)
    1) I seriously doubt that all members of the Privy Council are masons.

    The full list (which you can find here http://en.wikipedia.org/wiki/List_of..._Privy_Council ) includes WOMEN and I'm bloody sure the masons do not allow women members. It also includes at least one Trade Unionist - and I'm sure the Masons would not accept that ...

    2) The Privy Council has been wiped as our highest appeal court. It's now done completely on-shore. We have our own Supreme Court (since 2004) http://en.wikipedia.org/wiki/Supreme...of_New_Zealand
    "So if you meet me, have some sympathy, have some courtesy, have some taste ..."

  4. #79
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    Quote Originally Posted by Banditbandit View Post
    So if it can be proved that other people have robbed and stolen money, then al those who rob and steal money will get off??? Custom and Practice???

    I don't see the argument at all sorry ..
    Looky here then: http://www.freelanceadvisor.co.uk/go...ontract-terms/

    And here: http://www.shoosmiths.co.uk/client-r...fits-5896.aspx

  5. #80
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    Quote Originally Posted by Banditbandit View Post
    1) I seriously doubt that all members of the Privy Council are masons.

    The full list (which you can find here http://en.wikipedia.org/wiki/List_of..._Privy_Council ) includes WOMEN and I'm bloody sure the masons do not allow women members. It also includes at least one Trade Unionist - and I'm sure the Masons would not accept that ...

    2) The Privy Council has been wiped as our highest appeal court. It's now done completely on-shore. We have our own Supreme Court (since 2004) http://en.wikipedia.org/wiki/Supreme...of_New_Zealand
    The Privy Council probably are all Masons but that's irrelevant, the Jurors which are picked by Counsel will all be Masons (or they will be rejected).....so you are telling me David Bain did not go to the Privy Council are you???

  6. #81
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    Quote Originally Posted by MVnut View Post
    The Privy Council probably are all Masons but that's irrelevant, the Jurors which are picked by Counsel will all be Masons (or they will be rejected).....so you are telling me David Bain did not go to the Privy Council are you???
    As others will say in ruder fashion...you've been out of the country too long.
    There's a cutoff date - crimes prior to that could go to the Privy Council, after that, no, local top court only.

  7. #82
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    Quote Originally Posted by MVnut View Post
    The Privy Council probably are all Masons but that's irrelevant, the Jurors which are picked by Counsel will all be Masons (or they will be rejected).....so you are telling me David Bain did not go to the Privy Council are you???
    No - David Bain was convicted under laws which, at the time, allowed for appeals to the Privy Council. Therefore all appeals at that time were ultimately to the Privy Council. I believe that Teina Pora was the last appeal to that body, as there are no outstanding matters from the pre-2004 passing of the law establishing the Supreme Court.

    As Banks was convicted under the new set up all processes are from 2004 .. and he can't appeal to the Privy Council.

    If you are going to argue law at least have some understanding ... a little more than your limited knowledge now .. I don't claim to be a lawyer (thank god) but I seem to know a little more about he law than you ..
    "So if you meet me, have some sympathy, have some courtesy, have some taste ..."

  8. #83
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    Quote Originally Posted by Grumph View Post
    As others will say in ruder fashion...you've been out of the country too long.
    There's a cutoff date - crimes prior to that could go to the Privy Council, after that, no, local top court only.
    Yeah well I have been living in the jungle on and off for many years, maybe I am wrong. However if he was to be judged truely by a Jury of his Peers in NZ, his counsel can still make sure they are all Masons...........and when it comes to Masons I probably do know what I'm talking about....by the way Little Princess Bandit, I never said I was a lawyer, although I did study the Westminster System many years ago

  9. #84
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    Quote Originally Posted by Robert Taylor View Post
    No I just picked up on your post as a generalisation, not to mock you or cause offence to you.
    Well since you put it like that.....
    Generalisation is something we're all prone to.

  10. #85
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    Quote Originally Posted by MisterD View Post
    Is that why, straight afterwards, Mr Gimmebackmyfwag stood up and said he'd overule the courts and block Dotcom's extradition?
    No, its purely because the Greens have always supported Human Rights & especially when the Govt has abused & ignored the Laws of the land & also been shown to have engaged in illegal activities.
    Don't get me wrong, I think K.com is as dodgey as Banks, but unlike Banks & others, he is innocent until proven guilty.

    Its about Law, not individuals.

  11. #86
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    Quote Originally Posted by puddytat View Post
    No, its purely because the Greens have always supported Human Rights & especially when the Govt has abused & ignored the Laws of the land & also been shown to have engaged in illegal activities.
    Don't get me wrong, I think K.com is as dodgey as Banks, but unlike Banks & others, he is innocent until proven guilty.

    Its about Law, not individuals.
    He's a convicted fraudster (as well, if you must). So Russel's statement that he'd override a court decision to allow extradition is the result of either a) some pay off from KDC or b) knee-jerk anti-Americanism, either of which makes him unfit to be in parliament IMO.

    Judging by the fact that KDC is offering a bounty for anyone who can cook up some evidence to get him off, I'd say he has a pretty strong case to answer and should be on the first states-bound flight out of here.
    Quote Originally Posted by Dave Lobster View Post
    Only a homo puts an engine back together WITHOUT making it go faster.

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    Quote Originally Posted by puddytat View Post
    No, its purely because the Greens have always supported Human Rights & especially when the Govt has abused & ignored the Laws of the land & also been shown to have engaged in illegal activities.
    Don't get me wrong, I think K.com is as dodgey as Banks, but unlike Banks & others, he is innocent until proven guilty.

    Its about Law, not individuals.
    As soon as the Snifters are caught doing something dodgy I will be near the front of the queue reminding you

    Ph: 06 751 2100 * Email: robert@kss.net.nz
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  13. #88
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    Quote Originally Posted by Robert Taylor View Post
    As soon as the Snifters are caught doing something dodgy I will be near the front of the queue reminding you
    Please do.

    Because all I'm seeing at the moment is the Green party leaving the rest for dead when it comes to displaying honesty and integrity and working towards creating a better New Zealand for the majority of New Zealanders instead of simply trying to line their own pockets.

  14. #89
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    Quote Originally Posted by MisterD View Post
    He's a convicted fraudster (as well, if you must). So Russel's statement that he'd override a court decision to allow extradition is the result of either a) some pay off from KDC or b) knee-jerk anti-Americanism, either of which makes him unfit to be in parliament IMO.

    Judging by the fact that KDC is offering a bounty for anyone who can cook up some evidence to get him off, I'd say he has a pretty strong case to answer and should be on the first states-bound flight out of here.
    And if he is found guilty I will gladly wave him good bye....
    The rest is supposition.

    Quote Originally Posted by Robert Taylor View Post
    As soon as the Snifters are caught doing something dodgy I will be near the front of the queue reminding you


    Don't hold your breath,
    it'll make it harder to swallow.


    the red under your bed you know. those bottles of it

  15. #90
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    Quote Originally Posted by MVnut View Post
    The Privy Council probably are all Masons but that's irrelevant, the Jurors which are picked by Counsel will all be Masons (or they will be rejected).....so you are telling me David Bain did not go to the Privy Council are you???
    I'm probably wasting my time but this is what many lawyers know:

    The Privy Council is a group of high end judges who reach that point because they are especially clever.

    These are man who are incisive and frankly dont fuck around. Part of their work is to decide on Carrribean death sentences. Not a lot of fun in that.

    New Zealand had the benefit of these legal minds with no cost to us. Seems odd to abandon it.

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