Sian Elias and Simon Power

Here we go!  This outfit was always going to get arrogant, was always dumb, and was always going to run foul of good justice. Sian Elias has fired the first shot, and Power has reacted like an angry – and arrogant – bull. I suspect that shot wasn’t the first move – just the first visible manifestation of a deeper schism.

Good justice, natural justice, is not a happy bedfellow for the greed of privatisation, the only common denominator is disposession. The Power brigade are hell- bent on disposessing, the legal system has to process the disposessed. This should be interesting – at what point does Sian Elias do Simon Power for contempt of court?

This sort of scenario played out in Germany in the late ‘twenties/early ‘thirties, (just more brutally) and the legal system, or at least it’s individual participants, are historically decried for not parrying the rising threat. They, of course, had mortgages, lives too. They, too, were there at the behest of the law-makers – Reichstag and Hindenburg.

Where’s the check and balance when unscrupulous factions get hold of power – particularly under false pretences? (Folk like me were saying the fiscal system couldn’t support tax-cuts, and it didn’t.) They know there will be displaced, disenfranchised angst out there as they rape and pillage, so they do the three-strikes thing, and need to incarcerate. No point having those displaced and disenfranchised out doing ‘community service’. Two things wrong with that from Power’s point of view. One is that ‘Community’ is anathema to their kind, secondly the instinct will be to muzzle. Why encourage community work and allow free speech?

One of the frustrations from my point of view, is that this kind of debate is stifled by the cognitive dissonance of mainstream media – jointly and severally. The debate has to be had on the Titanic deck. It’s a debate about who gets into the too-few lifeboats. Who gets ‘ownership’ of the depleting resources. Privatisation (thus ownership by the ‘wealthy’) is the vehicle, but you can’t get it out into the public arena, while (individually and collectively) the reporterage still think the world will grow on forever.

Funny how things all tie in together, if you stand back far enough. If anyone, I should be hollering at Sian Elias. I’ve just been inot a court for the first time ever, outside of jury service. I saw a judgerial failure to address the first principle – that of natural justice – by one Judge Keller. Am I in contempt of Court for writing this? Well, tough if I am. If  a judge stuffs up (and we all make mistakes) there should be a way for it to be addressed. Clearly, you cannot do that in his court-room, and if the formal redress cost more than the transgression in question, it goes begging. No audit, no professional development.

Notwithstanding, I wouldn’t be a Judge for love nor money. I respect what they do, and thankfully pay them to do it. I will be making a personal submission on the Keller thing – but merely to suggest a way for improvement. For the record, I presume they have a ‘peer-review’ system, but I fugure it is ‘tainted’. When you are treated like a god most of your working day, it is understandable that you assume the mantle, over time. If a peer-review is by folk in a similar elevation-assumed position, where is the base-line? So I suggest an outside-peer review (an ERO for Judges).

Still, our system is pretty good, some of our Judges are very very good indeed – Beecroft and O’Driscoll come to mind – and I suspect that Sian Elias is exactly the person to be in her job. I further suspect that the shot suggests that out government is the one with the problems, not the other way round.

Go Sian. After all, who else defends the defenceless?


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