July 3, 2008
The tendency of the legal fraternity to subvert any threat to its monopoly over the business of justice is worth challenging.
Lawyers and judges are not necessarily the absolute arbiters of truth
Courtesy of the Gold Coast Bulletin
Courtesy of the Gold Coast Bulletin
Cloaked Pomposity and Vanity
There are the masses, then there are the elite. There are the laymen and then there are the judges. All are human beings with human failures. The paedophile is the dreg of society, but are not confined to the masses. The homosexual is as prevalent in the judiciary as it is among the man in the street. The older generation are not so enamoured with the idea that this is right or acceptable, but fear decrees that they cannot say that. Today that euphemism 'politically correct' is employed, an appendage of over-government A male power socket fits into a female power socket and it works because it was designed to. Likewise the human anatomy is so designed. Man and law, man and ...the law ... is an ass.
What is the law? It is no more than a set of rules laid down by men long ago when values were far more rigid than they are today. They are there to control the masses and rightfully act as a brake on unruly behaviour in all its forms. We need laws and the system that we have adopted from Britain and Greece has served us very well. When the system fails as it does it does so because members of the judiciary often over play the power that is given them. Of course power is governed by the operative, otherwise all decisions based on law would be automatic, clone-like. However as we all see everyday, judges not only make deplorable decisions not in keeping with public expectations, but seldom are two ever the same.
It will be seen in the pages that I have little or no respect for solicitors, barristers or judges. Respect is something that is earned. Society cannot command of its citizens that which by history and tradition has earned a venerated place, when that position is demeaned by the calibre of its officers.
There is far too much pomp and ceremony, myth and mystery, that has called into question the integrity, the sincerity and the humility of those who are by tradition expected to act with impartiality. It does not happen because there is a belief that because they have been trained in the mechanics of law they have attained knowledge that places them as judges of men. There is a prevalent thread among people that goes under the heading of commonsense. How often do judges bring down decisions that alienate the public sense of propriety? How often are these instances addressed? How often do cases go to reassessment because the people demand it? For the most part it falls to an Attorney-General, to call for a re-hearing or re-trial. True it is that the parliamentarian is the reflection of the people, but even this has more to do with political manoeuvring than actual justice.
Justice however is not always served by re-trial or appeal.
Take this case. An old man leaves his estate to a friend. Nothing sinister, but the solicitor is not having a bar of this. In thirty months he has drawn up ten wills. He sees nothing wrong, simply because he is answerable to no-one. Then the old man decides that he can no longer trust him then asks his friend if he would look after his affairs and to make arrangement with a new lawyer. This done he appoints his friend of 14years as his EPOA and also leaves him his entire estate. Now the former solicitor not only refuses to recognise any directive either by the old man or his new lawyer and repudiates the legal EPOA. The old man dies and the lawyer seeks probate. The Chief Justice upholds the lawyers claim that he 'lacked testimony capacity', immediately he severed the client/lawyer relationship. The plaintiff's lawyer said that he now agreed with the Chief Justice's Judgement and advised against Appeal. There were two reasons forwarded. He would advance the case for appeal until the money, by now severely depleted, ran out and the other was, What was the point, when there would be nothing left.
The beneficiary, once the probate was lodged knew that he could not financially contest the decision. He was informed that a lawyer would fight the case on a no win, no cost basis. What was not explained was that all costs would come out of the old man's estate. If I had not contested the case, then the estate would not have been gutted by legal extortion. It is obvious that both parties were the principle benefactors of the $600,000 estate and that the involvement of a 'client' acted as a catalyst . His role was crucial for the freeing up of the capital assets of the old man and was a criminal act given by the niceties and deception of the law to exploit the innocent and uninformed.
The judge can make a decision, knowing full well that the applicant may not be able to afford a defence, thereby his judgement, however flawed will not be questioned. All judges and magistrates are protected against litigation against themselves unless of course such is the notoriety of the offender that he has become unacceptable to his peers .
Whatever slant or angle this is looked at the fact remains that lawyers, politicians and the legal fraternity in general are the authors of such protection. This is classic Caesar looking after Caesar. How can this perception escape the attention of the ordinary person and go unchallenged. The truth is that in a highly litigious society like Australia, the penalties for speaking out can be devastating. To impugn the integrity of a member of the legal fraternity is to court big trouble. They are so precious, so sensitive to acerbic criticism that such outspokenness must not be tolerated. One way to stop it is to impose crippling penalties. When lawyers have been given the legal right to argue that black is white and can do this on the premise of a technicality, then justice is no longer served but abused. When the system of justice is screwed to justify that injustice we have the reason why stories so passionately written about the 'corruption within' exists.
When I was a kid we used to state a given. "Sticks and stones will break my bones but names will never hurt me'. Today's legal fraternity are bleeding the community dry. There is no sense of morality, no sense of how their decisions impact. In my case it saw an old man's estate stripped of over $600,000. The personal cost was nearly $50,000, When I was finally issued with a bill for $6,616, for carrying out post death commitments (de-son-tort they called it), I decided that such scurrilous practice needed to be exposed. All the red robes, all the black silk, all the smart dress, all the social regalia, all the religious trappings of office, all the bestowing of benevolence on worthy institutions do not cloak the man or woman.
If proof of this is required we need no greater illustration than the last eight years in American history. A corrupted judicial system gave power to a president who all but brought a nation to its knees. He was a law unto himself; a man with power and a man who abused that power.
That same abuse of power was used against two old men, by a lawyer, a judge and the corrupted system that we are too intimidated to question
The Queensland Law Society would not touch him. the Chief Justice anointed him and in time all would be forgotten and the progression of corrupt and immoral practice would go on.
I have a long record of speaking my mind. I have never been afraid to speak out on issues that affront my sense of justice. I am I have to admit belong to a peculiar group of people who see both apathy and fear as a cancer in our society. Many in the past have died at the stake for such principles and given that I have come out on the other side of this unfortunate dance with the legal fraternity I guess I will be called to Court ...in time.
The Moving Finger writes: having writ,
Moves on: nor all thy Piety nor Wit
Shall lure it back to cancel half a Line,
Nor all thy Tears wash out a Word of it.
Omar Khayyam 1265-1319
I Am Fear
I stand besides the statesmen
As in gilded council hall
They plan a new world order
For the nations big and small;
I watch their grim set faces
Read the hopes within each heart
Hear the lofty aims propounded
As each one speaks his part
I see the documents they sign
For I am always near
I am the background to their thoughts
The voice that whispers in each ear
I am the shadow of History
I am fear!
I shape the destinies of Nations
I breed Hate and Bitterness
I spread the rumour and it grows
Helped by radio and press
I speed the wheels of Industry
In the race of armament
I sow the blood red seeds of War
Of greed and discontent
I march in the ranks of all men
From the vanguard to the rear.
A shadowy wrecker of unity,
I am fear!
I am the invisible horseman
Riding the highways of Time,
Blighting the lives of millions
In every age and clime;
For mine is a great and awful power
And many my victories be;
But I have often known defeat!
Courageous hearts spell Victory!
God planted in the souls of Man
A tiny vital spark
Which flaming to its fullness
Lights his pathway in the Dark!
Only the shining light of Faith
Can strip me of my power;
I have fought it down the ages,
I will fight it to the hour,
When men of goodwill everywhere
Crossing the deadline of doubt
Bearing the Banner of Brotherhood
Put my legions to the rout!
Manís faith in man and faith alone,
Can break my fatal power
For I am fear, and all I fear
Is Faiths Triumphant Hour!
William Richard Whiteside, Nov. 4th 1946,Whakatane,
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