The pond is always inclined to avoid matters and people before the courts.
The pond did its best to avoid speculating on the Lehrmann matter - unlike reptiles of the Dame Slap kind, up to her neck in the intrigues and the leaks and heavily loaded columns - and the pond will do its best to avoid speculating on matters surrounding the parrot.
The pond even avoided the temptation of speculating on the Wilcox cartoon featured in Friday's Weekly Beast ...
According to the venerable Meade, the original cartoon drew attention to a plucked parrot and the journalism that helped in the plucking ...
But the official version had the plucked parrot behind bars ...
The venerable Meade didn't go into the logic of the change, but in the first there's a presumption of innocence, while making the most of the comical bird; in the second not so much, with the bird guilty as caged, and the bird joke also locked away.
The pond only went there, and broke its no speculation rule, because Dame Slap yet again decided to intervene and muddy the waters in a way that only a visit to planet Janet above the faraway tree can do ...
Six minutes she wasted on it in The unmistakable whiff of mob justice after Alan Jones’s arrest, Some of those best placed to uphold the presumption of innocence are the same ones who ignored it when Alan Jones was arrested and charged.
It's Janet and she's here to help? Not bloody likely ... she's there to administer mob media justice to the mob peddling mob justice.
Even the opening image, a familiar perp walk of shame in front of a howling media suggests guilt of some kind, Alan Jones is released on bail from Day Street Police Station in Sydney earlier this week. Picture: NewsWire/Dylan Coker:
Getting between Dame Slap and a righteous fit of indignation and faux piety in relation to legal matters is always a dodgy business, with her taste for mixing banal clichés with rabid ranting...
The scales symbolise a system where the starting point, the presumption of innocence, addresses the obvious power imbalance between, on the one hand, a citizen facing imprisonment and, on the other, the tremendous power and resources of the state.
The sword signifies the necessary power of the justice system to punish perpetrators who commit wrongs.
The blindfold means the fundamental principles of the legal system apply to every person, equally. Perhaps the most important of the fundamental principles is the presumption of innocence. It’s the golden thread that weaves together a just society, protecting us from the tyranny of mob injustice.
This week, the whiff of sanctioned mob justice was unmistakeable. Some of those best placed to uphold the presumption of innocence are the same ones who ignored it, after Alan Jones was arrested and charged with more than two dozen alleged offences against nine men over two decades. His youngest alleged victim was 17.
The presumption of innocence was undermined when NSW Assistant Police Commissioner Michael Fitzgerald fronted the media and described the complainants as victims. He commended the “victims” for their “bravery in coming forward”.“The victims have our full support. This is what they have been asking for,” he said. “These are serious charges.”
Equally serious is the presumption of innocence. There is no “victim”. Not yet. There is a complainant.
Praising a “victim” may suggest to potential jurors that police want the public to know that law enforcement officers believe a crime has been committed and that the defendant is guilty.
But there is not yet a crime. In the absence of a guilty plea, a jury will be the arbiter of fact. That jury can find guilt only if it believes it has been proved beyond reasonable doubt after consideration of the admissible evidence. And the jury’s starting point is the presumption of innocence.
It’s one thing for Australia’s richest person, Gina Rinehart, to remove nice things that Jones said about her from her personal and corporate websites. Private citizens are entitled to believe what they want. But a police officer of any rank should know that calling a person who has made an allegation a “victim” undermines the presumption of innocence.
Did Dame Slap just berate the use of "victim" while furiously scribbling "alleged victim", and in that legal eagle disclaimer way, imagine that "alleged" washes away the stain of the word?
"Alleged" is only for scaredy cat word for journalists wanting to avoid a legal action. Shouldn't she, by her own lights, have found another word than "victim"?
Never mind, at this point the reptiles inserted a very lengthy history of the parrot, and it might just be the pond, but it seems to point to a pattern of behaviour consistent with guilt, and thereby at odds with Dame Slap's pious messaging about a presumption of innocence ...
Even the header "The fall of Alan Jones" suggests that where there's clouds of suspicion, there might be a fire of guilt... lo, how the mighty guilt laden have fallen, let the reptiles count the many ways ...
Once we lose that, then the jury system – described this week by senior Sydney silk Arthur Moses as the essential guardrail in a democracy – isn’t worth a jot.
I would launch this strident defence of the presumption of innocence even if Jones were my foe. That Jones is a friend of mine is neither here nor there.
A good portion of the media take the presumption of innocence seriously. But when, in the first press conference after Jones’s arrest, a senior policeman calls a complainant a “victim”, the media will report that.
When police tip off the media about the arrest of a man with as high a profile as Jones, the media will film that.
Still, there are plenty in the media also laying down impressions that here’s a man who has rightly met his comeuppance.
Why can’t Jones’s enemies see the longer game? What if the tables are turned on those celebrating Jones’s downfall – or on one of their friends? What then will they say about the presumption of innocence? Let us be grateful for small mercies. As one reader wrote this week, “Thank god we don’t have firing squads and hanging any more. Cemeteries would be full.”
It’s not just senior police officers who appear to be casting aside fundamental tenets of our criminal justice system. When ACT Chief Justice Lucy McCallum said last week that she struggled to understand why juries found it so hard to believe an allegation of sexual assault, she left many people baffled and disappointed.
That was a Dame Slap matter the pond had avoided up to now, together with the reptiles' obligatory snap of the alleged perpetrator, ACT Chief Justice Lucy McCallum.
Once Dame Slap gets the bit between her teeth, she can be relied on for a full neighing ...
All judges, let alone a chief justice, should be very careful that everything they say and do serves the administration of justice.
Senior criminal barrister Jack Pappas put it this way: “Judges are appointed and paid to hold the reins of fairness and to steer the lumbering wagon of justice down the middle of the road, not to the right nor to the left but down the middle to ensure that complainants and accused persons and the community receive a fair go.
“When judges start to deviate from that straight path and cannot help doing so, they should get off the wagon and give the reins over to another who is not so affected,” he told Inquirer this week.
Pappas is concerned that when a chief justice expresses disbelief about why juries find it, in her view, unjustifiably hard to believe allegations of sexual assault, it “sends a dangerously destabilising message, not only to potential jurors but to other judges under her direction as head of jurisdiction and a dangerously disquieting message to any accused in a sex matter being overseen by her”.
Meanwhile, the dangerously destabilising reptiles were still doubling down on the charges, the sort of old fashioned format that used to be used when doing a tear sheet about a crime boss:
Yet Dame Slap managed to sail on, oblivious, to a righteous conclusion:
He said McCallum’s comments might give rise to perceptions that “juries in sexual assault trials are getting it wrong because they do not believe the allegations made by complainants”.
“Such perceptions do not serve the interest of justice and ought to be rejected,” Buckland said. He defended juries as the ultimate arbiters of fact.
“They are foundational to the common-law criminal justice system and their decisions must not be gainsaid,” he said.
Pappas is concerned that McCallum’s public comments may intimidate young and relatively inexperienced defence barristers, dissuading them from testing allegations in court against their clients.
“Other more experienced and resolute barristers may push back, but a criminal trial should not be a contest between the judge and those at the bar table to achieve fairness. The judge should guarantee that fairness,” he said.
The fact of the matter is that Dame Slap simply can't help herself.
Such columns do not serve the interest of justice and this one should have been spiked, especially given the explosive nature of the charge sheets attached to the verbiage.
But will Dame Slap ever learn? Of course not, she was once a lawyer, and she loves to interfere with the course of the justice system ... cf. the Lehrmann matter, as outrageous a way to behave as any case has seen in recent times.
The reptiles did try a little repair work by showing a brighter parrot in an AV extra, As he faces a likely criminal trial next year, Alan Jones will need all the support the pick-and-stick club can give.
But is that fair compensation for the way that the pond came away from Dame Slap thinking she was protesting too much and likely he was as guilty as hell - a verdict the pond had done its best to avoid while holding its nose at the smell of some of the parrot droppings:
McCallum is not alone in her apparent drive to raise conviction rates for sex cases. In the ACT, the use of the term victim survivor instead of complainant is endemic, delivering added injury to the presumption of innocence with its emotional tagline of survivor.
In circumstances when there has been no conviction or guilty plea, the lawyer says, victim survivor is a “highly charged and loaded term … that completely undermines the presumption of innocence and is grossly inappropriate”.
The lawyer says while some former and current prosecutors refuse to use the term because they understand how unfair and inappropriate it is, government departments and other agencies in the criminal justice system routinely use the loaded term.
It’s disturbing how many people chip away at the presumption of innocence, disregarding that old proverb: there but for the grace of God go I – or go the people I love.
When McCallum aired her misguided views, she opened a can of worms about the flawed administration of justice in the ACT.
We’ve only just started exposing the mess where people entrusted with tremendous state power, across different legal institutions, are determined to press down on one end of Lady Justice’s scales to lift sexual assault conviction rates, at the expense of a fair trial for an accused.
If anybody opened a can of worms this day, it was Dame Slap. The impact of those charge sheets, and her feeble protestations, is to do the parrot like a dinner, and to put him in a cage before due process is done ...
Now for the good news.
The pond hasn't forgotten Polonius lurking behind the arras, and ready to emerge to strut his stuff with four minutes of prattle in Red-faced pundits change their tune on Donald Trump, On November 5, Trump was another Hitler, but within less than two weeks he was a democratically elected president-elect with whom there should be communication.
Huzzah, Polonius is going to give the pond the chance to have a cartoon fest for Sunday, though the pond must first get a dullard illustration out of the way, A couple of Trump derangement syndrome sufferers are eating plenty of humble pie.
Right from the get go, Polonius hedges his own bets. You know, "It remains to be seen", so he can indulge in his favourite pastime of slagging off others ...
In the meantime, a couple of Trump derangement syndrome sufferers are eating plenty of humble pie. The reference is to Joe Scarborough and Mika Brzezinski, who host the Morning Joe program on MSNBC. The couple were close friends of Trump up to around the time he became the 45th US president in 2017. Then the relationship turned sour.
Scarborough and Brzezinski became leading Trump antagonists – warning that Trump was a fascist who, if elected on November 5, would destroy US democracy.
At this point the reptiles interrupted with a cross-promotional Sky News moment.
Sky News contributor Kristin Tate has slammed ‘Morning Joe’ hosts Joe Scarborough and Mika Brzezinski. “These ‘Morning Joe’ hosts were screaming loudly for years, insisting to their viewers that Donald Trump was a ‘Nazi fascist’,” Ms Tate told Sky News host Chris Kenny. “Well, guess what? If they truly believed he was a ‘Nazi fascist’, would they be going to his home and meeting with him? Of course not. “These ‘Morning Joe’ hosts lied. They lied to their viewers. “They should be ashamed, they should apologise, but I’m not going to hold my breath for an apology.” Ms Tate’s remarks come after the two hosts revealed they had met with President-elect Donald Trump at Mar-a-Lago, to which they later received backlash from MSNBC staffers.
There's a good chance they didn't lie, given all the shadowy 2025 players lurking in the wings.
Or the line-up of sexual deviants, scam artists, frauds, liars and thieves currently being lined up for plum positions ...
A recent example was featured by Ben Mathis-Lilley in Slate, He Wasn’t Qualified to Be Attorney General. He’s Even Less Qualified for the Next Job Trump Wants Him In. He Does Have a History of Scams.
Anyway, Trump has now nominated Whitaker to be the U.S. representative to NATO, which is another job for which he is not qualified.
Whitaker acted as a World Patent Marketing “adviser” and once told a dissatisfied customer that there could be “criminal consequences” (WaPo paywall) for him if he complained about the company online, but was never charged with any personal wrongdoing in relation to the case.
Then Scarborough stated that it would come as no surprise to the Morning Joe audience that the co-hosts “didn’t see eye-to-eye (with Trump) on a lot of issues”. He added: “We told him so.” This would not have surprised Trump. But he was smart enough to receive the pair with courtesy.
Then Brzezinski added: “What we did agree on was to do something different and that starts with not only talking about Donald Trump but also talking with him.”
How about that? Two of the best known journalists in the US decided it would be a good idea to talk with the president whose party would run the White House and would have majorities in the Senate and House of Representatives. Quelle surprise.
So there you have it. On November 5, Trump was another Hitler. And within less than two weeks he was a democratically elected president-elect with whom there should be communication.
Brzezinski conceded that abuse was no substitute for reasoned argument, declaring: “Hyperbole and personal attacks will not work; my hair on fire doesn’t work; we’ve seen all that.” Like so many members of mainstream media in Western nations, the Morning Joe co-presenters failed to detect that Trump had considerable support in American society, especially among those earning less than $US100,000 ($150,000) and without a tertiary qualification.
How about that? Polonius seems entirely unaware that as well as copping abuse from the right, the pair have copped a huge amount of abuse from disappointed viewers and what passes as the left in America, with ratings plummeting and the pair in damage control mode:
Never say never because while they might not have lied about the mango Mussolini's aspirations to being an authoritarian ready to use the military in an unprecedented way, the pair have shot themselves in the foot by their hypocritical pandering and fawning, and perhaps done themselves irreparable damage, while cartoonists had a field day ...including Luckovich, revived by the pond for the occasion ...
A week later, all that had changed. Writing on November 9, in the wake of the presidential election, Dowd led off her column with this: “Some Democrats are finally waking up and realising that woke is broke. Donald Trump won a majority of white women and remarkable numbers of black and Latino voters and young men.”
She accused the Democratic Party of embracing “a world view of hyper-political correctness, condescension”.
Dowd added: “This alienated half of the country, or more; and the chaos and anti-Semitism at many college campuses certainly didn’t help.”
Neither the two Morning Joe presenters nor The New York Times columnist conceded that they misread the US electorate before November 5. They were not the only ones.
It wouldn't be a Polonial outing if he didn't berate the ABC, while of late he's turned into quite the Sky News (Au) sycophant (strange, that they've never given him his own show):
The same can be said of ABC TV presenter Sarah Ferguson, who was sent, at taxpayer expense, to the US to report to Australians on the presidential election. In appearances on 7.30 (November 4) and Radio National Breakfast (November 6) she took far too much note of Selzer’s prediction that Vice-President Kamala Harris would win Iowa – with implications for some neighbouring battleground states. Another hopelessly wrong prediction.
Many of the Australian TV reporters who went to the US to cover the election – which often involved talking to other Australians – would have been better advised to stay at home and watch Fox News or Sky News on Foxtel.
Robert Cahaly (Trafalgar Group) and Matt Towery (InsiderAdvantage) appeared on Fox News’ Hannity program in the lead-up to the election. Both pollsters had predicted a Trump victory in 2016 and a Biden victory four years later. They got it right again in 2024.
As followers of the Fox News’ Gutfeld! late-night program will know, the retired black wrestler, now comedian, Tyrus (who was born George Murdoch – no relation) predicted that Trump’s victory would be evident by 10pm US eastern standard time. Reports from inside the rival camps suggest the Harris advisers privately conceded defeat at 9pm while the Trump team privately declared victory one hour later.
Deeply weird that Polonius has now got into wrestling and the UFC and the whole damn thing, while Sam Eagan in The New Yorker reports that Dana White, the head of the UFC circus, is now jack of the whole thing ...
Donald Trump’s U.F.C. Victory Party, Dana White, the C.E.O. of the Ultimate Fighting Championship, helped Trump reach young male voters. Now White says he’s done with politics: “I want nothing to do with this shit.” (paywall)
The whole celebration of the UFC circus is worth a read, but spoiler alert, this was the punchline:
...White, for his part, told me that he’s done helping with Presidential campaigns. Trump is a friend—but the rest of the G.O.P. may be on their own. “I’m never fucking doing this again,” he said. “I want nothing to do with this shit. It’s gross. It’s disgusting. I want nothing to do with politics.”
It appears that Dowd now gets this – with her view that Americans are now working out that “woke is broke”. And the Scarborough and Brzezinski duo now accept that even presidents such as Trump deserve respect.
Gerard Henderson is executive director of The Sydney Institute.
“The Golden Thread….” How appropriate for Dame Slap to trot out that one. It’s the line that a much better lawyer than her, the great Horace Rumpole, would use as a final resort when arguing a case that he knew had absolutely Buckley’s of succeeding. The fact that Slap plays it in her opening paragraphs shows just how piss-poor she realises how piss-poor her cause is.
ReplyDeleteBut of course the article isn’t really about the Parrot - though it’s not surprising that the Dame is a token female member of the Pick and Stick Club. He’s really just a springboard for another extended rant against more of Slappy’s long-term enemies, and yet another noisy claim that Dame Slap is infallible and that anyone holding a contrary position deserves the frequent application of six of the best.
Six minutes? It felt more like six hours wading through that torrent of bile.