Free Speech case update - 9 PM 24 Oct 2001.
(Hulls/Hoser "contempt" case)
See below for details.
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This is the case where Victorian Attorney General Rob Hulls is trying to jail Raymond Hoser for publishing the truth in the "Victoria Police Corruption" books.
The case continues for a third day, tomorrow.
The whole day's hearing today consisted of the defense continuing with it's no case submission.
It was completed at about 4.15 PM and the hearing continues tomorrow with the prosecution side's reply.
Bearing in mind the "minimal" evidence led yesterday by the prosecution, we anticipate (perhaps wrongly) they will argue mainly in terms of case law precedents.
Most of today's dialogue from defence Barrister Chris Maxwell QC revolved around putting the allegedly "contemptuous" parts of the book - the paragraphs - into context in terms of the book and then showing that this material was independently corroborated by relevant government transcript and even judgements of the Victorian Supreme Court as published and since reported AFTER the books came out, including the Phung (?spelling) case and others.
Those paragraphs and the writ itself can be viewed at:
http://www.smuggled.com/VGS2.htm
Tellingly, Maxwell submitted that Hoser's book performed a useful public service and that his material should be further investigated in terms of the judges and magistrates adversely named - with a view to improving the legal system and that the proper course of action by the government was to investigate those people adversely named - not prosecute Mr. Hoser for doing no more than publishing the truth (Note: we have paraphrased the comments by Maxwell).
We await copies of transcript of the hearing - which we have been promised and will post them on the internet as soon as practicable.
Judge Geoff Eames today indicated that he may adjourn the case tomorrow after the prosecution submissions on the no case application.
He told the parties to bring their diaries, indicating a likely adjournment for some days.
This will also give Raymond Hoser and his wife and kids at least a few more days together to savor the taste of "freedom" in an Australian context.
Yesterday a uniformed police officer walked up to Hoser and said he'd read Victoria Police Corruption (1) and most of the second book (Victoria Police Corruption- 2) and said he found them well-written and informative.
Today an ex-police officer from Cresswick, Victoria phoned Hoser to volunteer yet more information for another book.
These two instances typify a pattern that has emerged over the past few years, with the books gaining far wider approval than disapproval.
Further updates on this most important case will probably be posted at:
http://www.smuggled.com/arc2001.htm
on every day of the hearing/s in the evening.
However more tellingly the Age and Herald-Sun newspapers appear to have put a "ban" on reporting this story of immense public interest.
Today Peter Gregory of The Age told a Mr. Bruno Manilo in a phone conversation that his newspaper would not report on the case and indicated that his newspaper wanted to suppress any public information about Mr. Hoser and this important free speech case.
According to Manilo, when Gregory was pressed on the importance of free speech, he back-tracked somewhat and conceded it was important, but then retorted that he didn't want to give Hoser's ground-breaking corruption books any free publicity.
Also of interest was Gregory's passing comments to Manilo that the Age had sent reporters down to the court and had been surprised by the huge turnout by interested members of the public on the first two hearing days.
On day one there were about 25 interested members of the public occupying seats in the court.
On day two the number had swelled to about fourty.
Gregory relayed this information to Manilo.
When Manilo asked further questions, of Gregory, Gregory backed down somewhat and left open the possibility on reporting on the case.
However we will only believe it when we see it, particularly bearing in mind the alleged censorship of one article on the case already by the newspaper that was written for them by regular columnist, Terry Lane.
Sentence - final - Summary.
Sentence - final - (Written) as MS Word File.
Sentence - final - (Written) as Adobe Acrobat File.
Sentencing submissions - summary.
Sentencing submissions - (Written) as MS Word File.
Sentencing submissions - (Written) as Adobe Acrobat File.
Judgement - Guilty Verdict - appeal likely.
Judgement - (Written) as MS Word File.
Judgement - (Written) as Adobe Acrobat File.
Judgement IN COURT - (Written) as MS Word File.
Judgement - IN COURT (Written) as Adobe Acrobat File.
Day Five of Case - Summary.
Day Five of Case - Transcript as MS Word File.
Day Five of Case - Transcript as Adobe Acrobat File.
Day Four of Case - Summary.
Day Four of Case - Transcript as MS Word File (PM only).
Day Four of Case - Transcript as Adobe Acrobat File (PM only).
Day Four of Case - Transcript as MS Word File (AM only).
Day Four of Case - Transcript as Adobe Acrobat File (AM only).
Day Three of Case - Summary.
Day Three of Case - Transcript as MS Word File.
Day Three of Case - Transcript as Adobe Acrobat File.
Day Two of Case - Summary.
Day Two of Case - Transcript as MS Word File.
Day Two of Case - Transcript as Adobe Acrobat File.
Day One of Case - Summary.
Day One of Case - Transcript as MS Word File.
Day One of Case - Transcript as Adobe Acrobat File.
List of relevant legal precedents.
List of relevant legal precedents.
Defence summary for Raymond Hoser - as prepared by his lawyers.
Defence summary for Raymond Hoser - as prepared by his lawyers.
"No Case" summary for Raymond Hoser against Hulls et. al. - as prepared by his lawyers.
"No Case" summary for Raymond Hoser against Hulls et. al. - as prepared by his lawyers.
Victorian Government/Rob Hulls set to jail Hoser for telling the truth!
Melbourne media contacts - list and details.
Full Transcript of Free Speech Case and other tendered documents (449 pages in total) - as MS Word File. (1.75 mb)
Full Transcript of Free Speech Case and other tendered documents (449 pages in total) - as Adobe Acrobat File. (1 mb)