This is the high-profile case where the Victorian Attorney General Robert Justin Hulls is trying to jail Raymond Hoser for publishing the truth in the two "Victoria Police Corruption" books.
On day three about thirty independent observers attended and observed proceedings, including several people from various media outlets, however the case's details have still been suppressed by the Herald-Sun and Age newspapers.
The case has been adjourned until next Tuesday (30 October).
Today the case consisted of the end of the "no-case" submission by the defendants (us) and the response by the crown to our submissions and then our reply to those points.
It was notable that in the original no-case submission, our lawyer pointed out the actual context of the allegedly scandalous statements, including how they fitted within the text of the books and were corroborated as factual by the original source documents, tapes and the like.
The Government side again acknowledged this much in their response and did not challenge these facts.
The Judge himself also noted the fact there was no demonstrated proof of a contempt in that a large number of books had gone into general circulation and dissemination and that in two years, no one had used the books as a basis to call for the abolition of the State's courts.
The Judge has however adjourned the proceedings until Tuesday next week to decide whether or not to "no-case" the crown case, which in effect means an immediate acquittal of the defendant.
In the event that the Judge rules we do in fact have a case to answer, then we must proceed with our defence.
Whether or not we do in fact call evidence at this point is not yet certain, however it is noted that the legal tests for "no-case" and "beyond reasonable doubt" are different and it is not uncommon for a side to lose a no-case submission but then win the case after offering no evidence in defence.
Media outlets should be aware of the fact that we now have obtained transcript for the first three days of the hearing (all so far) and we have posted this as MS Word file/s on the following websites:
Day One at:
http://www.smuggled.com/EamesT1.doc
Day Two at:
http://www.smuggled.com/EamesT2.doc
Day Three at:
http://www.smuggled.com/EamesT3.doc
Media reporters who only wish to report exactly what was said in the court case itself (in open court) can therefore quote directly from the transcript when reporting their stories and/or should they seek to doubt the accuracy of our summary above and/or to highlight other areas they deem relevant and in the public interest.
We ask that non-media people reading this alert the mainstream and other media to this most important free speech case and provide contact details for some media outlets at this weblink:
http://www.smuggled.com/Media1.htm
Further updates will be posted on links from the website:
http://www.smuggled.com/arc2001.htm
As the case progresses.
Many of the judgements cited in the case transcript (in fact most) can be accessed in full from the
Australian legal cases database website at:
http://www.austlii.edu.au/
And readers are directed there.
PLEASE REPORT ON THE PROGRESS OF THIS MOST IMPORTANT CASE WIDELY AND WE ASK THAT YOU SEND DETAILS OF IT TO ALL ON YOUR E-MAIL RECIPIENT LISTS AND ELSWHERE AS BEST YOU CAN.
This release has been published at:
http://www.smuggled.com/medrel88.htm
Further information and inquiries to Kotabi Publishing:
New Numbers:
Phone: (03) 9812-3322
Fax: (03) 9812-3355
Or
Raymond Hoser on (0412) 777-211
(all numbers are within Australia).
Or e-mail at: adder@smuggled.com

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)