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guilt by accusation

 
 
Geopelia
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      02-21-2012

"peterwn" <(E-Mail Removed)> wrote in message
news:(E-Mail Removed)...
On Feb 22, 12:37 am, "Geopelia" <(E-Mail Removed)> wrote:

> Does New Zealand have Habeas Corpus like Britain? Could that be used to
> get
> a remanded prisoner tried within a reasonable time?

NZ has Habeas Corpus and the NZ judges take it very seriously, even
the Supreme Court will hear a Habeas Corpus appeal on an urgent basis.
However it applies only where a prisoner is unlawfully detained,
either through corrupt behaviour of officials (common historically but
very rare today), or incorrect interpretation of the law (eg regarding
actual release date).

Habeas Corpus cannot be used to release a remand prisoner held for a
long period unliss presumably the wheels of justice have stopped
turning completely. A prisoner remanded in custody must appear in
court periodically (video link may be OK. Depending on circumstances
judges may dismiss cases where delays are excessive. Simon Power's
reforms are supposed to try and speed things up.

> If a remanded prisoner is acquitted, is there any provision for
> compensation
> for the time they have spent on remand?


Possibly the same as for sentenced prisoners where convictions are
overturned. the remand prisoner would need to show on the balance of
probabilities that he or she was innocent, and unless the police and
Crown Law have goofed up, this would be very rare.

................

Thank you.

It seems a very long time before a trial starts, but I suppose all the
evidence must be gathered first.
There must be many cases that get no publicity.


 
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Peter
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      02-23-2012
peterwn wrote:
> On Feb 18, 8:01 am, Peter <(E-Mail Removed)> wrote:
>> Did you think our law was based on innocent until proven guilty? Not any
>> more. At least, not if the accuser is an American corporate.
>>
>> In NZ, we have the Megaupload saga, where people have been imprisoned,
>> assets and funds seized and business wrecked, all before anyone is found
>> guilty of anything.
>>
>> And in USA, JotForm.com was taken offline, shutdown without warning or
>> reason.http://www.wired.com/threatlevel/201...omain-seizure/
>> JotForm is now back on line, but it and its customers must have suffered
>> much inconvenience and loss with this little exercise. It certainly will
>> have advantaged JotForm's competitors.
>>
>> In the UK, RnBXclusive.com has been taken down, and visitors to the site
>> warned that they could face up to 10 years
>> imprisonment.http://www.bbc.co.uk/news/technology-17039722
>>
>> This appears to be developing as a way of wiping out potential commercial
>> competition. Just accuse them of copyright infringement, and get some
>> over enthusiastic (but ignorant) government department to take your
>> competition out. It doesn't matter whether they have actually done
>> anything wrong.http://www.techdirt.com/articles/20111208/08225217010/
>>
>> This is getting out of hand. The bad guys need to be stopped, but the
>> law must follow the "innocent until proven guilty" principle.

>
> So this means that murderers, rapists and burglars should also remain
> free and continue to go about their business until they are actually
> found guilty.


No, I think bad guys need to be stopped.
Or are you saying it was right to take down JotForm without giving any
warning, reason or justification?


 
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Bruce Sinclair
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      03-05-2012
In article <(E-Mail Removed)>, peterwn <(E-Mail Removed)> wrote:
>On Feb 18, 8:01=A0am, Peter <(E-Mail Removed)> wrote:
>> Did you think our law was based on innocent until proven guilty? =A0Not a=

>ny
>> more. =A0At least, not if the accuser is an American corporate.
>>
>> In NZ, we have the Megaupload saga, where people have been imprisoned,
>> assets and funds seized and business wrecked, all before anyone is found
>> guilty of anything.
>>
>> And in USA, JotForm.com was taken offline, shutdown without warning or
>> reason.http://www.wired.com/threatlevel/201...omain-seizure/
>> JotForm is now back on line, but it and its customers must have suffered
>> much inconvenience and loss with this little exercise. =A0It certainly wi=

>ll
>> have advantaged JotForm's competitors.
>>
>> In the UK, RnBXclusive.com has been taken down, and visitors to the site
>> warned that they could face up to 10 years imprisonment.http://www.bbc.co=

>..uk/news/technology-17039722
>>
>> This appears to be developing as a way of wiping out potential commercial
>> competition. =A0Just accuse them of copyright infringement, and get some =

>over
>> enthusiastic (but ignorant) government department to take your competitio=

>n
>> out. =A0It doesn't matter whether they have actually done anything wrong.=

>http://www.techdirt.com/articles/20111208/08225217010/
>>
>> This is getting out of hand. =A0The bad guys need to be stopped, but the =

>law
>> must follow the "innocent until proven guilty" principle.

>So this means that murderers, rapists and burglars should also remain
>free and continue to go about their business until they are actually
>found guilty.


Burgalrs usually do. Murderers and rapists sometimes do. To compare owning a
web site to these things is ... kind of stupid.
I note also that those that steal millionhs of dollars are usually on bail
too.
This "crime" seems to have been blown out of any proportion.

Ah well ... welcome to the usual crap jouranlism.

 
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