Case update for those with an interest

[Kali Mist]

You guys might make some history, so maybe get someone to volunteer to film some background info etc & YouTube it

[bufo marinus]

wow

[brick]

Good luck lightening. I admire your courage and conviction.

[Dragonfan]

I do so hope this goes to the High Court . . . it really is just what we need here . . . and the Judge sounds likes she might just have her head screwed on right or at the very least is prepared to open her mind and let some light shine in!

 

Good luck to both of you . . . will follow along like the rest and hope for the BEST outcome for all concerned [and that includes the rest of us Aussies who are pushing for Medical Marijuana Down Under!]

 

Thanks Light and Little for all your hard work

[Rocker]

Good luck lightning and your loved ones and supporters.

 

Any victory you gain will be a huge win indeed. I admire your courage.

[Guest niall]

Just got back - the case is now adjourned until September 2009. Legal Aid appear to have given lightning bad advice, or at least advice that the Judge disagrees with, and so the case is adjourned for lightning to get all of his expert witnesses and evidence in order. She (the judge) has flat out refused to hear any Constitutional arguments as County Court doesn't have jurisdiction to hear this defense, which leaves him in a catch 22 as no Doctor will risk de-registration to stand up in Court and support the defense that Legal Aid wanted lightning to run.

 

Lightning wants to defend himself with the WHOLE truth, but it appears the Court is not interested in hearing this. Therefore he is before the wrong court - this much was admitted. I'll let lightning fill in the rest of the details but now the brief has been lodged I believe he's going to post it here for all to read. We've now got 10 months to get expert witnesses on board, or to figure out how to apply directly to the High Court and bypass a long and drawn out appeal process through County and Supreme.

 

lightning can't survive another 10 months on disability pension with the expenses that this case requires, so if anyone is able to donate some money to assist with living expenses (i.e. food) then please PM him for details. If you're in Melbourne and would like to participate in some brainstorming sessions with us as far as legal tactics then please get in contact.

[lightning]

Buggger bugger bugger

The bad news

 

Proceedings have been adjourned to Sept 2009. 9 months away. Jury was not impaneled, Court refused to hear our defence, or let it be put to the Jury on the Grounds of Jurisdiction. So we said if you have no jurisdiction to hear our defence and you refuse to allow us to put our case to the jury then are we not in the wrong court and how do we get to the right court?

She refused to refer the points of law that we raised and she could not rule on to an "Appropriate Court" for a decision. So she can't decide and won't let us ask somebody who can. Is this justice or tyranny????

 

Today the judge came in and in a complete turn around from yesterday absolutely beratted me as soon as I opened my mouth, I bearly got 5 words out and said nothing offensive and she accused me of all sorts of things and wasting the court resources and even said that our now ex legal aid lawyers would not have said we should not call expert testimony (even though they did) and that we argued the point and gave them the details of a GP, a Psychologist (Expert in Aspergers )and Chiro but they would NOT summon the witnesses or request reports or anything else even though the legal aid grant contained funding for such and they had control of that, without the lawyers we dont have the fund. The judge virtually called us liars until we challenged her to call them and ask, suddenly she offered us a choice an adjornment to sept next year or or go ahead with our case without being able to even put our arguments to the Jury as to the Nature of the necessity as stated in the brief and she told us with no expert witnesses we would NOT get a medical necessity argument up. the TOTAL OPPOSITE of what we had been told by the lawyers. We tried to explain to the judge that any doctor that even hints that cannabis may help alleviate our pain and other ailments is open to deregistration and the sort of whitch hunt that Andrew Kat copped when he spoke up and helped people. She said without that testimony we cannot win a necessity argument of ANY KIND

 

so rock and hard place. and legal aid were trying to SHAFT US....I am soooo shocked... not

Guess why we SACKED THEM????

.

we will take the adjournment she has offered, and try to get experts for testimony

 

Finally here is a copy of the long awaited brief in pdf format the court REFUSED to allow to be put to a Jury....So read it for yourselves and make your own decision.

 

All comments welcome . but please do not just say it wont get up without first checking all the references, daily we find more High court decisions and statements that confirm it is correct and of the 7 Legal professionals and 20 or so others with legal experience or nouse that have so far read it NOBODY has said we are wrong at law so please read carefully, If any body finds any errors in logic please explain them so we can keep improving the argument while we work out where to jump next and HOW DO WE GET TO THE HIGH COURT to put the argument.

 

If anyone can add any further supporting evidence to help improve the arguments please post ideas to the thread for discussion,

If you had seen the Persecutors face when he read the brief ... his head nearly exploded.

 

So we contemplate the next step and will update on any further developments, By the time we get to go to court again we will be 2 1/2 YEARS since the bust!!!!! They keep saying if we plead guilty we will be shown mercy......snowflake...... hell......chance.......

The good news is

The arresting officer walked up to littlbit after the hearing and apologized for starting this in the first place...

[Kali Mist]

PRESSURE from above...

[lightning]

No Kali that could not possibly be the problem, surely it would not be that, in Victoria we have such a well "paid for" legal system.

 

by the way I have a brige I would like to talk to you about....

[Kali Mist]

No Kali that could not possibly be the problem, surely it would not be that, in Victoria we have such a well "paid for" legal system.

 

by the way I have a brige I would like to talk to you about....

brige=Bribe ?