HOSER MUST BE JAILED!!! Hulls seeks to cross-appeal the Eames judgement!!!!
30 January 2002
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VICTORIAN GOVERNMENT SOLICITOR
Level 2, 55 St. Andrews Place
East Melbourne, Vic. 3002
PO. Box 4356QQ
Melbourne 3001
Tel: (03) 9651 0444
Fax:(03) 9651 0449
DX 300077
Web: www.vgso.vic.gov.au
ABN:32 790 228 959
When Replying Please Quote: 2001.078.Hoser AG 4190
Ms Alison O'Brien
Tel: 9651 0408
18 January 2002
Mr Raymond Hoser
PO Box 599
DONCASTER VIC 3108
Dear Mr Hoser
Hoser and Kotabi Pty Ltd v R (No 5928 of 2001)
I refer to the above matter and the notice of appeal which you served on me on behalf of yourself and Kotabi Pty by facsimile.
Given that you served the notice of appeal on me yourself, I attach, for your information only, a copy of the notice of cross-appeal in this proceeding. The notice of cross-appeal will be filed today. The notice will be served on your solicitors on the record - Access Law.
Yours faithfully,
James Syme
Victorian Government Solicitor
(Signature)
per:
Victoria The Place To Be
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COURT OF APPEAL
No. 5928 of 2001 BETWEEN
RAYMOND TERRENCE HOSER
First Appellant
- and -
KOTABI PTY LTD (ACN 007 394 048)
Second Appellant
- and -
THE QUEEN
(Ex Parte THE ATTORNEY-GENERAL for the STATE OF VICTORIA)
Respondent
NOTICE OF CROSS-APPEAL
Date of Document:
Filed on behalf of the Respondent
Prepared by:
James Syme
Victorian Government Solicitor
Level 2, 55 St, Andrews Place
MELBOURNE VIC 3002
Solicitors Code: 7977
DX 300077 Melbourne
Telephone: 9651 0444
Fax: 9651 0449
Reference: 0004190:AOB
TAKE NOTICE that the Respondent intends to cross-appeal to the Court of Appeal against that part of the judgment of the Honourable Justice Eames delivered on 29 November 2001 which dismissed the second count of contempt against the Appellants, such count ("the second count") comprising paragraph 4 in the Originating Motion in this proceeding dated 23 May 2001.
The grounds upon which the Respondent relies are:
1. The learned trial Judge erred in law:
a) in deciding that, in the circumstances of this case, an issue arose as to the truth of the allegation said to constitute contempt by scandalising the Court referred to in the second count ("the said allegation");
b) in deciding that there was evidence, alternatively admissible evidence, as to the truth of the said allegations
c) in deciding that, in the circumstances of this case, the Crown bore the onus of providing beyond reasonable doubt the falsity of the said allegations
d) in deciding that, even though the First Appellant did not believe that the said allegation was true and even though the First Appellant was recklessly indifferent as to whether the said allegation was true, an issue arose as to the truth of the said allegation,
c) in acting on the basis that there was admissible evidence before him as to the contents of a tape recording of a conversation which allegedly took place between the First Appellant and a police officer named Bingley in relation to Magistrate Hugh Francis Adams having received a bribe ("the said tape recording"); in placing reliance on the contents of the said tape recording;
g) in placing reliance upon the Crown's decision not to contest the appeal of the First Appellant against the decision of Magistrate Hugh Francis Adams, for the purpose of finding there to be some credible evidence as to the truth of the allegation made by the First Appellant that Magistrate Hugh Francis Adams had received a bribe, in the absence of any evidence as to the reasons why the Crown did not contest that appeal;
h) in failing to give any weight or any appropriate weight to the failure of the First Appellant to tender the said tape recording;
i) in failing to give any weight or any appropriate weight to the presumption of regularity in relation to the conduct of Magistrate Hugh Francis Adams in the circumstances in which he was alleged to have received a bribe.
2. There was no evidence or, alternatively no admissible evidence, upon which the trial Judge could make a finding:-
a) that there was some credible evidence as to the truth of the allegation made by the First Appellant that Magistrate Hugh Francis Adams had received a bribe;
h) that the Respondent had ever had in its possession a copy of the said tape recording;
c) as to the contents of the said tape recording.
In place of that part of the judgment from which the cross-appeal is brought the
Respondent seeks judgment that:
a) the First and Second Appellants be adjudged guilty of contempt of Court on the second count,
b) the First Appellant be punished by imprisonment or fine, or both on the second count,
c) the Second Appellant be punished by fine or sequestration, or both on the second count.
Victorian Government Solicitor
Solicitor for the Respondent
TO: The First Appellant and the Second Appellant
Cross Appeal document served by VGS on 21 January 2002 - (Written) as Adobe Acrobat File.
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)