GERALDINE ALLAN
ROLE — PROSECUTOR
Opening Address – Part 1
Thank-you your Honour.
I appear on behalf of the People of Tasmania, along with any other persons who may wish to join the prosecution.
Ladies and gentlemen, this is the People of Tasmania’s case, but before I outline it in detail, there are a few basic principles that I would like to discuss and a few legal issues in relation to the indictment.
First of all, this trial really consists of two parts. There are questions of fact, and questions of law. His Honour decides all questions of law. At the end of the case his Honour will sum up for you and, if required direct you to what the law is in relation to any questions asked about matters of law.
In relation to the facts, however, you the jury, decide all questions of fact and what this means is that it is your duty as far as you can determine, to make your mind up about which witnesses are telling the truth, those witnesses that may be mistaken and indeed those witnesses that may be lying. So, in other words, it’s your job to decide what happened in this case and at the end of trial his Honour will direct you, as I said, in relation to any questions of law. You have to accept his Honour’s ruling on that. You apply what you decide the facts are to the law and you then determine whether the accused is guilty or not guilty of any charges in the indictment.
Now, therefore follows ladies and gentlemen, anything I say to you about the evidence in this opening address is not evidence. Evidence is what witnesses say, or evidence tendered. But in making an opening address to you it is necessary for me to tell you something about the law that may be applicable in this case, and something about the evidence the People of Tasmania intend to call, so that you will understand the overall context of the case.
For example, one or more of our witnesses will tender photographs as evidence, and thus by my outline, you will understand what the photographs are relevant to.
The indictment of the charge was first published by Mr Garry Stannus #8 @
http://oldtt.pixelkey.biz/index.php/weblog/comments/the-trial-of-michelle-obyrne/
Ladies and gentlemen, an indictment is just a formal document that charges the accused, a bit similar to a summons in the Court of Petty Sessions for a speeding camera ticket, but here in the Tasmanian People’s Court of Public Opinion, we call it an indictment.
Now, as you can see from the indictment, the accused, MHA Minister Michelle O’Byrne is charged with: –
MICHELLE ANNE O’BYRNE IS CHARGED WITH FAILING TO DISCHARGE HER OBLIGATIONS AS MINISTER UNDER THE ACT AND WITH OCCASIONING MATERIAL AND/OR SERIOUS ENVIRONMENTAL HARM TO CLIVE STOTT AND RICHARD BUTLER, BOTH OF THE TAMAR VALLEY, BY CONTINUING TO ALLOW/PROMOTE, DESPITE CONTINUED REQUESTS, VARIOUS PLANNED BURNS AND IN AND AROUND THE TAMAR VALLEY.
I seek, your Honour, to amend the original charges in the People of Tasmania’s case, by the addition of the words in lower case “across Tasmania AND pernicious smoke”.
MICHELLE ANNE O’BYRNE MHA IS CHARGED WITH FAILING TO DISCHARGE HER OBLIGATIONS AS MINISTER UNDER THE ACT AND WITH OCCASIONING MATERIAL AND/OR SERIOUS ENVIRONMENTAL HARM TO CLIVE STOTT AND RICHARD BUTLER, BOTH OF THE TAMAR VALLEY, BY CONTINUING TO ALLOW/PROMOTE, DESPITE CONTINUED REQUESTS, VARIOUS PLANNED BURNS across Tasmania AND pernicious smoke IN AND AROUND THE TAMAR VALLEY.
Also, your Honour I seek to extend the charges insofar as the Defendant, Minister O’Byrne MHA, is further charged with the following: –
FAILING TO DISCHARGE HER DUTIES AND HONOUR HER OBLIGATIONS, AS SO SWORN IN THE HOUSE OF ASSEMBLY, AS AN ELECTED REPRESENTATIVE OF THE PEOPLE OF TASMANIA.
I now seek to adjourn and when the court resumes I shall present Part 2 of the prosecution’s opening address.
If it please your Honour.
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