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Free Speech case update - 9 PM 30 Oct 2001.
(Hulls/Hoser "contempt" case)
See below for details.
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For those unaware of the case, it is the matter where corruption author Raymond Hoser has been charged with "contempt" the alleged contempt being to publish truth about corruption in Australia's legal system.
The matter is of deep public interest as it is the first time known that a person has been charged with and faces jail for the "crime" of publishing the truth in books. The books are "Victoria Police Corruption" and "Victoria Police Corruption - 2".
The fourth day of the case started disappointingly.
Judge Geoff Eames refused to accept the defense's "no-case" submission and ordered that the trial proceed/continue.
Raymond Hoser (myself) was sworn into the witness box to give evidence, whereupon he was then examined, cross-examined and then re-examined by lawyers.
This process was relatively quick and took about 90 minutes total.
Questions centered on the Neesham trial and the with-holding from the jury of the covertly made tape recording of the Balmford case in order to unlawfully guide the jury to a guilty verdict (refer to "Victoria Police Corruption - 2" for details).
Other matters covered in the various stages of Hoser's questioning was a comment by Hulls through a media spokesperson Jane Wilson late in 2000 stating that it was not illegal to sell the Victoria Police Corruption books. This had been widely reported in the Murdoch Press at the time.
Eames (the judge) also asked a series of questions which showed quite clearly that he had not read the relevant sections of the book/s and/or had absolutely no recall of most.
Having said that, (and in his defence) it could be said that he may not need to read them until judgement time.
In summing up the cases, Hoser's lawyers ran with similar submissions to that of the "no case", including all the relevant free speech and other arguments and adding that the contents of the books remained effectively unchallenged by the prosecution side and thus by law had to be accepted as truth.
The end of the day saw the prosecution barrister, now Mr. Langmead get up and accept this proposition, going on to say that to prove it's case against Hoser, the crown did not seek to prove a single word in any book was wrong, rather that the words as written in the books had the potential to undermine public confidence in the legal system and thus Hoser should be convicted.
He went on to argue along the lines of "thought crime" in making out that no person should be allowed to think that there is any fault at all in the legal system, which he went on to infer was perfect.
At the end of proceedings today at 4.15 PM, Langmead indicated he needed another 90 minutes to finish his close of his case.
Our side will then respond to this, which we expect to be brief.
Proceedings continue in Court Five of the Victorian Supreme Court, Tomorrow, 31 October.
Eames is then likely to stand the matter down and/or adjourn it to a date later on for "judgement".
Transcripts for today's hearing are posted on the links below as MS Word Files:
http://www.smuggled.com/EamesT4a.doc.htm
For the morning's transcript
and
http://www.smuggled.com/EamesT4b.doc.htm
For the afternoon's transcript
Other day's transcripts and all other relevant information can be found at the lower links or links from them:
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/medrel89.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)