so i had the appeal hearing in the supreme court on august 7 — it went okay.

i felt a little under-prepared because i had to move ‘houses’ a week beforehand and didn’t spend as much time getting my legal ducks in a row as i should of — but it all went pretty well thanks to some last minute coaching & cramming, that and the fact that justice ginnane was very respectful and took the time to properly hear my arguments, which made things much easier for me.

it did seem justice ginnane came a long way with my arguments, and coupled with his friendly demeanor, a less jaded appellant could be forgiven for expecting a somewhat positive result — my experience however has taught me that no matter how sympathetic a magistrate/judge seems/sounds, they will still most likely find horribly against me, because magistrates and judges primarily uphold the status quo.

even in this case, where the law (albeit the human rights charter, which the judiciary seems to regard more as a shit joke than a legitimate statute) interpreted reasonably would at least lead to a declaration of inconsistent interpretation, they seem to prefer some silly interpretation that just emphatically crushes my whole wildly stupid and haughty argument of status quo questioning.

i was just glad not to draw justice kyrou again, which could concievably have happened.

justice kyrou, incidently, has been recently rewarded by the attorney-general with a position on the court of appeal — no doubt justice kyrou’s absolute slamming of freedom of expression rights in magee v delaney would have pleased the attorney-general of the government who considered abolishing the entire charter — i guess the government decided they could dispose of the pesky charter with less criticism by having it interpreted into complete obscurity, go democracy.

justice kyrou’s appointment is personally annoying for me (if not generally a shame), because if i need to appeal this decision to the court of appeal, justice kyrou could appear on the panel of judges.

also in this month of august, i had a hearing booked in the county court (a de novo appeal of magistrate chambers’ decision in the case of richards v magee, in which a ridiculous restitution figure of $40,000+ was ordered to be paid by me to adshel) on the 19th, and the hearing of sidhu v magee scheduled in the magistrates’ on the 29th (charge arising from this incident) — but both hearings were adjourned off awaiting the supreme pizza delivery (supreme court decision) — the county court hearing of richards v magee is now on the 31st of october and sidhu v magee is on on the 16th of october in the magis (i requested not to go to court on the 15th, as it’ll be my 31st birthday).

the county court hearing also had to be put off because i hadn’t notified the victorian attorney-general’s office or the victorian equal opportunities and human rights commission that i was running a human rights argument in the county court, which i am required to do under the charter legislation — whoops, better do that soon.

nobody knows when the supreme decision will come in, i’ll just get short notice to come in and accept the delivery — it could be next week, or it still could be months….

Categories: posts