| JUNE 2008 Pages - Page 16 |
| THIS IS PAGE 16 OF JUNE 2008 PAGES - JUNE0816 |
IEMMA FAILS LEADERSHIP TEST
Premier Iemma's dithering over the Iguana affair showed his lack of leadership qualities.
AND when he finally did act, it was in an inappropriate manner, confirming he does not have
appropriate leadership skills.
OK, it was tough - he was between a rock and a hard place. He can't blame that all on John Della
Bosca and Belinda Neal. As a captive of the Terrigals,and having embarked on a "break through
or bust" course on the electricity sell-off, he was largely the architect of the precarious foundations
on which he was standing. FURTHER - true leadership is exhibited when a person picks the correct
course - whether it be the rock or the hard place.
READING :
Andrew Clennell , Lying is not a sackable offence , Sydney Morning Herald, 14 June 2008.
Matthew Moore , A cabinet weaker for Della's absence , Sydney Morning Herald, 14 June 2008.
Brian Robins , Unions seize chance to press pay claims , Sydney Morning Herald, 14 June 2008.
Joe Hildebrand , Iemma should have handled Iguanas earlier , Daily Telegraph, 14 June 2008.
Imre Salusinszky , Morris Iemma forgets Bob Carr's lesson , The Australian, 14 June 2008.(an excellent article for media advisers).
Iguana-gate will hurt Morris Iemma , Sunday Telegraph, 15 June 2008.
Lisa Carty , Like fiddling while Rome burns , Sun-Herald, 15 June 2008.
HUMOUR : Tim Blair , THE DELLA BOSCA DIARIES , Daily Telegraph, 14 June 2008.
John Huxley , What a state to find yourself in , Sydney Morning Herald, 14 June 2008.
Premier Iemma's dithering over the Iguana affair showed his lack of leadership qualities.
AND when he finally did act, it was in an inappropriate manner, confirming he does not have
appropriate leadership skills.
OK, it was tough - he was between a rock and a hard place. He can't blame that all on John Della
Bosca and Belinda Neal. As a captive of the Terrigals,and having embarked on a "break through
or bust" course on the electricity sell-off, he was largely the architect of the precarious foundations
on which he was standing. FURTHER - true leadership is exhibited when a person picks the correct
course - whether it be the rock or the hard place.
READING :
Andrew Clennell , Lying is not a sackable offence , Sydney Morning Herald, 14 June 2008.
Matthew Moore , A cabinet weaker for Della's absence , Sydney Morning Herald, 14 June 2008.
Brian Robins , Unions seize chance to press pay claims , Sydney Morning Herald, 14 June 2008.
Joe Hildebrand , Iemma should have handled Iguanas earlier , Daily Telegraph, 14 June 2008.
Imre Salusinszky , Morris Iemma forgets Bob Carr's lesson , The Australian, 14 June 2008.(an excellent article for media advisers).
Iguana-gate will hurt Morris Iemma , Sunday Telegraph, 15 June 2008.
Lisa Carty , Like fiddling while Rome burns , Sun-Herald, 15 June 2008.
HUMOUR : Tim Blair , THE DELLA BOSCA DIARIES , Daily Telegraph, 14 June 2008.
John Huxley , What a state to find yourself in , Sydney Morning Herald, 14 June 2008.
| DAY 7 ON THE FRONT PAGE |
STOCK ROUTES IN THE FREEZER ???
A report has suggested that NSW Stock Routes be sold-off. Stock Routes have played an important role in Australian mythology.
see : Daniel Lewis , Short shrift for the Long Paddock , Sydney Morning Herald, 14 June 2008.
Sam Norris, RPLBS nay give up stock routes , Northern Daily Leader, 18 June 2008.
For a rendition of Slim Dusty's Leave Him In The Longyard sung by Lee Kernaghan at Bicentennial Park, Tamworth 25th January, 2007.
go to You Tube [ ONLINE ]
AND FOR A PARODY :
==================================================================================================================
A report has suggested that NSW Stock Routes be sold-off. Stock Routes have played an important role in Australian mythology.
see : Daniel Lewis , Short shrift for the Long Paddock , Sydney Morning Herald, 14 June 2008.
Sam Norris, RPLBS nay give up stock routes , Northern Daily Leader, 18 June 2008.
For a rendition of Slim Dusty's Leave Him In The Longyard sung by Lee Kernaghan at Bicentennial Park, Tamworth 25th January, 2007.
go to You Tube [ ONLINE ]
AND FOR A PARODY :
==================================================================================================================
IEMMA CONTRADICTS TREASURER COSTA
We wrote about the Treasury document which revealed there were no plans to commence construction
of the Tamworth Hospital before March 2011, despite a promise by the Iemma government during
the 2007 election that it would happen. We likened it to Manly's Spit Bridge debacle.
see : Peter Draper MP Beneficiary of Labor Lies, June 2008 Pages page 13.
Well, now Premier Iemma has contradicted the Treasury document and says - once again - the Hospital
building wlll be commenced before March 2011.
A spokesperson for Peter Draper MP says he is relaxed and comfortable about the matter because he has spoken with "the Minister".
WHO is one to believe ???
SOURCE :
Alysia Ferguson , Credibility Gap: Iemma contradicts strategy , Northern Daily Leader, 13 June 2008.
Editorial, Who to believe on hospital plan? , Northern Daily Leader, 13 June 2008.
Simon Chamberlain, Be fair dinkum: Khan calls for hospital commitment , Northern Daily Leader, 18 June 2008.
=================================================================================================================
We wrote about the Treasury document which revealed there were no plans to commence construction
of the Tamworth Hospital before March 2011, despite a promise by the Iemma government during
the 2007 election that it would happen. We likened it to Manly's Spit Bridge debacle.
see : Peter Draper MP Beneficiary of Labor Lies, June 2008 Pages page 13.
Well, now Premier Iemma has contradicted the Treasury document and says - once again - the Hospital
building wlll be commenced before March 2011.
A spokesperson for Peter Draper MP says he is relaxed and comfortable about the matter because he has spoken with "the Minister".
WHO is one to believe ???
SOURCE :
Alysia Ferguson , Credibility Gap: Iemma contradicts strategy , Northern Daily Leader, 13 June 2008.
Editorial, Who to believe on hospital plan? , Northern Daily Leader, 13 June 2008.
Simon Chamberlain, Be fair dinkum: Khan calls for hospital commitment , Northern Daily Leader, 18 June 2008.
=================================================================================================================
BUNFIGHT OVER TERMS OF REFERENCE
We wrote earlier about the bunfight between the Chancellor and the Vice-Chancellor of the University of New England.
see : Bun-Fight at UNE, JUNE 2008 PAGES page 7.
Then there was the appointment of Sir Laurence Street as a mediator to attempt to resolve the issue.
see : Situation at UNE is topsy-turvy , JUNE 2008 PAGES page 13.
Now it seems there is another bun-fight - this time over exactly what it is Sir Laurence has been engaged to do.
see : Bernard Lane , Division over UNE mediator appointment , The Australian, 13 June 2008.
=================================================================================================================
We wrote earlier about the bunfight between the Chancellor and the Vice-Chancellor of the University of New England.
see : Bun-Fight at UNE, JUNE 2008 PAGES page 7.
Then there was the appointment of Sir Laurence Street as a mediator to attempt to resolve the issue.
see : Situation at UNE is topsy-turvy , JUNE 2008 PAGES page 13.
Now it seems there is another bun-fight - this time over exactly what it is Sir Laurence has been engaged to do.
see : Bernard Lane , Division over UNE mediator appointment , The Australian, 13 June 2008.
=================================================================================================================
| AS SILLY AS A CUT SNAKE A Vietnam veteran claims that Belinda Neal's dog "is as silly as a cut snake". PROBABLY a case of mistaken identity. see : Lisa Carty , Too afraid of Neal's bite to act , Sun-Herald, 15 June 2008. ================================================================================================================== |
DESTROYING WORKERS - A JOB FOR THE TERRIGALS
Some years ago a journalist received a telephone call from a heavy-weight of NSW Labor's Terrigals :
Terrigal : Stop investigating my affairs or I will destroy you. I will tell everyone you are a homosexual.
Journalist : I'll do you a deal. I'll keep investigating you and you hire an aeroplane, attach a banner behind it reading "XX is a homosexual" and
fly it all over Sydney.
==================================================================================================================
Some years ago a journalist received a telephone call from a heavy-weight of NSW Labor's Terrigals :
Terrigal : Stop investigating my affairs or I will destroy you. I will tell everyone you are a homosexual.
Journalist : I'll do you a deal. I'll keep investigating you and you hire an aeroplane, attach a banner behind it reading "XX is a homosexual" and
fly it all over Sydney.
==================================================================================================================
DON'T STAND ON THE CLOVER
Good to see Sydney Lord Mayor Clover Moore MP standing up to protect the rights of Sydney City Council ratepayers
and residents.
Her stance is to be contrasted with that of the current MP for Heffron, Kristina Keneally - who would seemingly do
anything to help out the Pope - irrespective of it's costs to NSW taxpayers and Sydney residents.
SOURCE :
Heath Gilmore , It's Clover versus God in park fight , Sun-Herald, 15 June 2008.
==================================================================================================================
Good to see Sydney Lord Mayor Clover Moore MP standing up to protect the rights of Sydney City Council ratepayers
and residents.
Her stance is to be contrasted with that of the current MP for Heffron, Kristina Keneally - who would seemingly do
anything to help out the Pope - irrespective of it's costs to NSW taxpayers and Sydney residents.
SOURCE :
Heath Gilmore , It's Clover versus God in park fight , Sun-Herald, 15 June 2008.
==================================================================================================================
LAST RACE AT RANDWICK
The last race has been run at Randwick racecourse until September.
All the horses have been removed from the stables and transferred to Warwick Farm.
The racecourse will now be taken over by the Catholic Church.
Kristina Keneally MP (the member for Heffron for now) is the minister in charge of World Youth Day and making arrangements with the Catholic
Church for the Pope's visit.
The last race on 14 June 2008 was the General Nediym Handicap over 2000m which was won by the aptly named Get Up Jude
( Res Judicata(GB) - Minsk Square ). Reminiscent of the week that Morris Iemma had, the 11/4 favourite Mr Clangtastic finished 2nd last, 11
lengths behind the winner.
=================================================================================================================
The last race has been run at Randwick racecourse until September.
All the horses have been removed from the stables and transferred to Warwick Farm.
The racecourse will now be taken over by the Catholic Church.
Kristina Keneally MP (the member for Heffron for now) is the minister in charge of World Youth Day and making arrangements with the Catholic
Church for the Pope's visit.
The last race on 14 June 2008 was the General Nediym Handicap over 2000m which was won by the aptly named Get Up Jude
( Res Judicata(GB) - Minsk Square ). Reminiscent of the week that Morris Iemma had, the 11/4 favourite Mr Clangtastic finished 2nd last, 11
lengths behind the winner.
=================================================================================================================
GOLDEN TRIANGLE PICNIC CUPS
The first two legs of the Golden Triangle Picnic Cups have been run and won in 2008.
The results were :
Moree: Boolooroo Picnic Cup .
1. Interjo (NZ)
2. Linga Longa
3. Miss Sarah Jane
Mallawa : Mallawa Picnic Cup
1. Linga Longa
2. Interjo (NZ)
3. Dezirabeel.
The third leg is the Talmoi Picnic Cup to be run at the scenic Garah racecourse on Saturday 21 June 2008.
Garah : Talmoi Picnic Cup
1. Latin Tango
2. Nardoola Kid
3. Art Major
SOURCES :
Bill Poulos, Interjo wins Boolooroo Picnic Cup , Moree Champion, 20 May 2008.
Linga Longa takes sixth win at bush cups’ level at Mallawa , Moree Champion, 10 June 2008.
Biggest crowd in more than a decade at races , Moree Champion, 10 June
Port and Brandy breaks long standing record , Moree Champion , 24 June 2008.
Latin Tango surges to a track record-breaking win at Garah , Moree Champion, 24 June 2008
=================================================================================================================
The first two legs of the Golden Triangle Picnic Cups have been run and won in 2008.
The results were :
Moree: Boolooroo Picnic Cup .
1. Interjo (NZ)
2. Linga Longa
3. Miss Sarah Jane
Mallawa : Mallawa Picnic Cup
1. Linga Longa
2. Interjo (NZ)
3. Dezirabeel.
The third leg is the Talmoi Picnic Cup to be run at the scenic Garah racecourse on Saturday 21 June 2008.
Garah : Talmoi Picnic Cup
1. Latin Tango
2. Nardoola Kid
3. Art Major
SOURCES :
Bill Poulos, Interjo wins Boolooroo Picnic Cup , Moree Champion, 20 May 2008.
Linga Longa takes sixth win at bush cups’ level at Mallawa , Moree Champion, 10 June 2008.
Biggest crowd in more than a decade at races , Moree Champion, 10 June
Port and Brandy breaks long standing record , Moree Champion , 24 June 2008.
Latin Tango surges to a track record-breaking win at Garah , Moree Champion, 24 June 2008
=================================================================================================================
AURUKUN APPEALS
The appeals lodged by the Queensland Attorney General in the Aurukun cases have now been determined.
The appeals were allowed and the defendants re-sentenced by the Queensland Court of Appeal :.
a. Adults : 6 years gaol with a non-parole period of 2 years.
b. Youth : 3 years detention, to be released after 1.5 years
c. Youth : 2 years detention, to be released after 1 year
d. Youths : Conviction recorded - 3 years probation.
In the Cairns District Court Judge Bradley had imposed the following sentences :
a. Adults : 6 months gaol - suspended for a period of 12 months.
b. All Youths : No conviction recorded, 12 months probation.
As we said last year when discussing this matter, we expected the A-G would have difficulty succeeding in the appeal because the prosecutor
had virtually agreed and/or urged the Judge to impose the sentence that she did.
Some may say the Queensland Court of Appeal did some "fancy footwork" to get around the principles established in a binding High Court
judgment, to arrive at the result they did (see sections 3.4 and 3.5 of the judgment).
Legal counsel for the defendants has indicated an appeal may be lodged with the High Court. If that occurs, it will be interesting to see what the
result is.
Finally, before people launch into blistering criticism of the sentencing Judge (as they did last year) it may pay to bear in mind a comment made
by the former President of the NSW Court Of Appeal, Justice Keith Mason, on his retirement on 30 May 2008 :
***The sentencing of offenders is now much more than the so called instinctive synthesis it once was.
Further, it may pay to take heed of some of the comments he made in a paper titled : THROWING STONES:A cost/benefit analysis of judges
being offensive to each other, delivered on 6 October 2007 :
***When a judge chooses to chastise the judge whose decision is under appeal, such criticism will invariably strike a target who was uncharged
and unrepresented and who has no recourse. This will be the case whether or not the criticism was justified in its content or in its terms.
***Studied criticism in a reserved and published judgment by a senior court bears an institutional sting, if only because of the intended likelihood
of its republication.
***Some readers will consider the problem to be inevitable in a system that highly values free speech and judicial independence and in which an
appeal court has the duty to correct material errors. They may share the view of Field Marshall Montgomery who, when asked how he justified
war, referred the questioner to Maeterlinck’s The Life of The Ant. Montgomery’s point was that war casualties are part of the natural stuff that
happens..
***All of us will make mistakes, sometimes in the very act of perceiving them in others.
***The court whose decision is challenged has no means of controlling the arguments presented on appeal or responding to their perceived
inadequacies, let alone the perceived deficiencies of the appeal judgment. Alone of the world, the judge or judges who are overturned must
accept reversal without public questioning, not even (or especially) in a later judgment. They can complain to colleagues, grumble to their
spouse or kick the cat. But a public response is for others to make.
***Errors may be the product of the way the case below was conducted. Slips and omissions in the language of reasons of busy judges do not
always betoken substantive errors.
Governments have successively complicated the sentencing process over the last 10 years for political gain, sometimes in response to
perceived political problems and at other times in the absence of them.
Politicians and judges live by different sets of rules.
Political solutions to political problems (or political crisis) may often result in substantial injustice - as many MPs who sit on the government
benches well know, from events that have occurred since that fateful Friday night in June. Just the casualties of war ?
SOURCES :
R v. KU, AAC, WY, PAG, KY, KZ, BBL, WZ & YC; ex parte A-G (Qld) [2008] QCA 154 (13 June 2008) [ONLINE ] & [ ONLINE ]
Justice Keith Mason, THROWING STONES: A cost/benefit analysis of judges being offensive to each other , 6 October 2007.
Justice Keith Mason, Farewell Speech , 30 May 2008.
ABC News, Convicted Aurukun gang rapists may appeal sentences , ABC Radio, 13 June 2008.
Tim Dick , 'Miscarriage of justice': appeal court finally jails rapists of girl, 10 , Sydney Morning Herald, 14 June 2008.
Sean Parnell , Sex abuse review queries sentences but backs courts , The Australian, 14 June 2008.
Tony Koch , No action against Aurukun judge , The Australian, 14 June 2008.
The appeals lodged by the Queensland Attorney General in the Aurukun cases have now been determined.
The appeals were allowed and the defendants re-sentenced by the Queensland Court of Appeal :.
a. Adults : 6 years gaol with a non-parole period of 2 years.
b. Youth : 3 years detention, to be released after 1.5 years
c. Youth : 2 years detention, to be released after 1 year
d. Youths : Conviction recorded - 3 years probation.
In the Cairns District Court Judge Bradley had imposed the following sentences :
a. Adults : 6 months gaol - suspended for a period of 12 months.
b. All Youths : No conviction recorded, 12 months probation.
As we said last year when discussing this matter, we expected the A-G would have difficulty succeeding in the appeal because the prosecutor
had virtually agreed and/or urged the Judge to impose the sentence that she did.
Some may say the Queensland Court of Appeal did some "fancy footwork" to get around the principles established in a binding High Court
judgment, to arrive at the result they did (see sections 3.4 and 3.5 of the judgment).
Legal counsel for the defendants has indicated an appeal may be lodged with the High Court. If that occurs, it will be interesting to see what the
result is.
Finally, before people launch into blistering criticism of the sentencing Judge (as they did last year) it may pay to bear in mind a comment made
by the former President of the NSW Court Of Appeal, Justice Keith Mason, on his retirement on 30 May 2008 :
***The sentencing of offenders is now much more than the so called instinctive synthesis it once was.
Further, it may pay to take heed of some of the comments he made in a paper titled : THROWING STONES:A cost/benefit analysis of judges
being offensive to each other, delivered on 6 October 2007 :
***When a judge chooses to chastise the judge whose decision is under appeal, such criticism will invariably strike a target who was uncharged
and unrepresented and who has no recourse. This will be the case whether or not the criticism was justified in its content or in its terms.
***Studied criticism in a reserved and published judgment by a senior court bears an institutional sting, if only because of the intended likelihood
of its republication.
***Some readers will consider the problem to be inevitable in a system that highly values free speech and judicial independence and in which an
appeal court has the duty to correct material errors. They may share the view of Field Marshall Montgomery who, when asked how he justified
war, referred the questioner to Maeterlinck’s The Life of The Ant. Montgomery’s point was that war casualties are part of the natural stuff that
happens..
***All of us will make mistakes, sometimes in the very act of perceiving them in others.
***The court whose decision is challenged has no means of controlling the arguments presented on appeal or responding to their perceived
inadequacies, let alone the perceived deficiencies of the appeal judgment. Alone of the world, the judge or judges who are overturned must
accept reversal without public questioning, not even (or especially) in a later judgment. They can complain to colleagues, grumble to their
spouse or kick the cat. But a public response is for others to make.
***Errors may be the product of the way the case below was conducted. Slips and omissions in the language of reasons of busy judges do not
always betoken substantive errors.
Governments have successively complicated the sentencing process over the last 10 years for political gain, sometimes in response to
perceived political problems and at other times in the absence of them.
Politicians and judges live by different sets of rules.
Political solutions to political problems (or political crisis) may often result in substantial injustice - as many MPs who sit on the government
benches well know, from events that have occurred since that fateful Friday night in June. Just the casualties of war ?
SOURCES :
R v. KU, AAC, WY, PAG, KY, KZ, BBL, WZ & YC; ex parte A-G (Qld) [2008] QCA 154 (13 June 2008) [ONLINE ] & [ ONLINE ]
Justice Keith Mason, THROWING STONES: A cost/benefit analysis of judges being offensive to each other , 6 October 2007.
Justice Keith Mason, Farewell Speech , 30 May 2008.
ABC News, Convicted Aurukun gang rapists may appeal sentences , ABC Radio, 13 June 2008.
Tim Dick , 'Miscarriage of justice': appeal court finally jails rapists of girl, 10 , Sydney Morning Herald, 14 June 2008.
Sean Parnell , Sex abuse review queries sentences but backs courts , The Australian, 14 June 2008.
Tony Koch , No action against Aurukun judge , The Australian, 14 June 2008.
| DAY 8 - BACK IN BOLD |
