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Old 20th Mar 2013, 00:28
  #240 (permalink)  
Sarcs
 
Join Date: Apr 2007
Location: Go west young man
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Slammy you’re kind of missing the point here it’s not about the ‘good’, the ‘bad’ or the ‘ugly’ of Barrier, it is about the fact that everyone in Australia deserves the ‘Rule of Law’ principles. Catch phrases like the ‘presumption of innocence’, ‘onus of proof’, ‘natural justice’, ‘due process’, ‘chain of evidence’ and ‘everyone deserves their day in court’ seem not to be applicable when it comes to the regulator.

And when FF declares “Oh but you can appeal to the AAT”, well the AAT is not a court of law and doesn’t have to adhere to the normal rules of evidence and full disclosure. Also the onus of proof falls on the appealing party.

Meanwhile FF are not obligated to prove their case in the AAT unless the President so requests, so the appellant is on a hiding to nothing if they don’t have all their ducks in a row.

The Hoodoo Voodoo doctor and other members of the GWM worked out a long time ago that the AAT suits their sociopathic purposes when it comes to ‘kicking heads’ of some GA upstart that dared to complain.

However having just listened to the ABC local radio news bulletin which had interview cuts to Mr Entsch then Mr Gibson and finally Mr Kilin. It would appear that DK concedes that Barrier may well be done and dusted but he still wants to go to the AAT on a matter of principle, sort of in the context of what I just mentioned i.e. ‘due process’.

That’s the spirit DK don’t challenge them on the law, the Voodoo doc has that well and truly wrapped up in over 1700 pages of gobbledygook legalese and you will never win. However if you challenge ‘due process’ (and there’s a list as equally impressive as the regs contained within the enforcement manual, the SPM and the hidden ‘Investigator’s manual) and ask to see the required documentation for an enforcement action as per the AGIS 2011 and the required process outlined in the CAsA Enforcement manual….well game on I reckon and the Barrier case could well be a test case for the legal legitimacy of CAsA as a ‘enforcement’ agency, a privilege that they well and truly don’t deserve while FF is ruled by Sociopaths (like that Sunny?)!
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