Search
This area does not yet contain any content.
Justinian News

Holding onto Hope: Gina Rinehart's Bleak House ... Seeking chunks of the huge iron ore pit, Hope Downs ... Tracing the tangled Wright, Hancock, Rinehart litigation ... Allegations of fraud against the family trust ... Manouvering ... Tax "advice" ... Shifting vesting date ... Money, the root of unhappiness ... Anthony-James Kanaan reports ... Read more >> 

Politics Media Law Society


Rupert World ... Lord Moloch’s pal Doug the Diva – driving Washington spare … News UK’s model for unionism … What next for the Washington Post? … Concealed coal lobbyists running an anti-Teal campaign … More corruption busting for Stinging Nettle … The litigation industry spawned by Lehrmann ... Read on >> 

Free Newsletter
Justinian Columnists

Party time for Dicey ... Heydon's book - a pathway to rehabilitation ... The predatory man and the clever intellect - all wrapped up in the one person ... Academic tome and cancel agenda ... Despite the plaudits the record of abuse doesn't vanish ... Book launch with young associates at a safe distance ... Procrustes thinks out loud ... Read more >> 

Blow the whistle

 

News snips ...


Debbie Does Damien ... Mortimer's first public interview as CJ ... ABC's Law Report ... The ins and out of live streaming and the media's access to documents ... More >> 

Justinian's Bloggers

Conclave Part 2: Return of the Prodigal ... Vatican fraudster returns ... Fly in the Conclave ointment ... Claims to have been forgiven by Pope Francis ... Doubts about his entitlement to vote ... What can go wrong? ... Silvana Olivetti reports from Rome ... Read more >> 

"We're in unchartered territory here. A Pope hasn't died before during an Australian election campaign."  

Jane Norman, National Affairs Correspondent, ABC News ... April 21, 2025 ... Read more flatulence ... 


Justinian Featurettes

Letter from Rome ... Judges on strike ... Too much "reform" ... Berlusconi legacy ... Referendum on the way ... Constitutional court inflames the Meloni regime with decision on boat people ... Insults galore ... Silvana Olivetti reports ... Read more >> 


Justinian's archive

Tea is for Tippy ... Life of a tiffstaff ... Bright, ambitious and, when it comes to the crucial things, hopeless ... Milking the glory of the gig ...  Introducing Tippy, our new blogger filing from within the concrete cage at Queens Square ... From Justinian's Archive, March 15, 2010 ...  Read more >> 


 

 

« Dispatches from the front line | Main | Disability and injustice »
Monday
Mar172014

Speedy justice at work 

Magistrate ticked off for making five serious errors of law in a single flourish ... Madge Coombs zapped by Dickie Button ... Slow down and follow the dance steps 

Madge Coombs' dad - Nugget

IT was a good try by NSW madge Jim Coombs to try and break the record for the most errors of law in the one decision. 

Justice Dickie Button spelled out the gruesome facts here.  

Coombs comes from a distinguished lineage, being the son of Nugget, brother to former bar prez John QC and to eccentric barrister sister Janet. 

John Coombs was also the author of the leading text, How Can You Appear for Someone You Know is Guilty?   

That didn't stop Jim making "grave errors" in the Tisimasi Panapa Gatu case. 

In May last year Tisi was charged with driving sans licence. 

He appeared in court on July 8, 2013, saying he did not believe his ticket had been cancelled and that he had a letter, somewhere, to that effect from the people at Roads and Maritime Services. 

The matter was stood over for two weeks so Tisi could hunt for the letter. 

Here's a slice of the transcript. 

His Honour: So do you reckon you can find a copy of it somewhere?

Accused: I have done the last few weeks --- 

His Honour: Well two weeks? Look Mr Gatu we can't just sit here with you saying, 'I don't know'. Yes or no, are you going to get some proof that you thought you weren't cancelled? 

Accused: If I could get that from the RTA, yeah. 

His Honour: Yeah, well I can't order it, you can go and ask for it. Two weeks? 

Accused: Yeah. Your Honour, what would the penalty be for --- 

His Honour: The penalty is 12 months off the road, see you in two weeks.

Accused: Okay, thank you.

Adjourned.

Later that day, at around 3.45pm, a colleague of the police persecutor received a phone message from the Local Court registry, saying that HH had adjourned for the day, but that the defendant had returned to the court armed with his driving record from Roads and Maritime Services. 

Coombs had determined the matter in chambers and dismissed the charge - without the knowledge of the police prosecutor. 

On JusticeLink the following orders were recorded: 

"A plea of not guilty is entered. The matter before the court is dismissed. The court found the charge was not appropriate." 

The ODPP got on its hind legs and appealed. 

Dickie identified at least five breaches of fundamental principles of law. 

1. Legal disputes joined between parties must be adjudicated in a courtroom, not in chambers. Subject to limited circumstances it must be a courtroom open to the public. 

2. An opponent in litigation must be given the right to be heard. Dismissing the charge without hearing a word from the prosecution was an error of law. 

3. The magistrate, constituting the tribunal of fact and law, failed to provide any reasons explaining why the charge had been dismissed. The Delphic "not appropriate" hardly constituted adequate reasons. 

4. The matter was determined prior to the date that had been fixed by an order that was still in force. 

5. The Criminal Procedure Act mandates that allegations of summary offences are to be determined at a summary hearing . An ex parte determination on the papers in chambers is not a summary hearing. 

Button  thought that these "grave errors" might have been a result of a desire to do quick justice, 

The case has to go back to the Local Court, where it is to be heard by someone other than Madge Coombs. 

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.
Editor Permission Required
You must have editing permission for this entry in order to post comments.