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Evan Whitton Articles from 2005
Read Articles from Year > 2010 > 2009 > 2008 > 2007 > 2006 > 2005 > 2004
Evan Whitton    December 13, 2005  
Bring on the Cour d'Assises

How fitting that Evan Whitton, in his final column for the year, should re-emphasise that the common law is a “load of money-making rubbish”. Which leads him to think that if the common lawyers are opposed to majority verdicts in criminal cases, then the change must be needed ... more

Evan Whitton    November 29, 2005  
A brief history of sedition

The origins and evolution of sedition from 1450, when printing was reinvented, to today, where we find Howard and Ruddock dusting down the old H. Talbot Gibbs’ plan. Evan Whitton also unveils his new book, a mercifully brief and fun tome called Serial Liars (order now) ... more

Evan Whitton    November 14, 2005  
Frank Galbally - a reasonable doubt for a reasonable price

Melbourne legend Frank Galbally might well have frequently run the polar bear defence, such was his success as a criminal defence advocate. Probably he was more successful then the official record holder, Sir Lionel Luckhoo ... more

Evan Whitton    November 2, 2005  
Colonel Wainer's 1969 summer offensive

Journalism is the last of the fun industries. Evan Whitton remembers the escapades at The Whore of La Trobe Street and the campaign to show that bad law makes bad cops ... more

Evan Whitton    October 17, 2005  
Intellectual torpor

H.L. Mencken, Justice Frank Vincent, Kerry O’Brien, Robert Richter, Ray Williams and William Blackstone all have important mentions in this dissertation on the importance of scepticism ... more

Evan Whitton    October 4, 2005  
A clear and present danger

Thanks largely to Dick Cheney, with his rusted on snarl, the oligarchy is in great shape. Evan Whitton reminds us that the business of America is wars abroad and pollution at home ... more

Evan Whitton    September 19, 2005  
A good dose of derision

If it’s quite acceptable for barristers to use derision to obscure the truth in adversarial proceedings, why can’t it be used to extract the truth in commissions of inquiry? At last, someone sticks up for Lord Eldon’s skilful application of scorn ... more

Evan Whitton    September 5, 2005  
The law of affront

The law that sees reptiles locked-up for not pimping on their sources is derived from medieval superstition, and bolstered by the “Blaze of Glory” theory ... more

Evan Whitton    August 22, 2005  
President Codpiece's remedy

Now the Brits are nibbling at the French system of using pre-trial judges in terrorist cases. But surely the French are inferior at all things – except food, wine, the anthem, and sex ... more

Evan Whitton    August 9, 2005  
Judicial ethics. Please explain

The risks of turning tommy gunners into judges without first re-wiring their brains. There should at least be an oversight body that sends out a polite “please explain” to intellectually dishonest judges ... more

Evan Whitton    July 25, 2005  
Reliving the glory days of tax ramps

Traditionally tax blitzes fizzle in the courts. Evan Whitton remembers the glory days when Gar Barwick, Harry Gibbs and the boys could always be relied upon to destroy the anti-avoidance provisions of the Tax Act ... more

Evan Whitton    July 11, 2005  
A special memory of Sir H. Talbot Gibbs

“Bill” Gibbs’ 1963-63 inquiry into the doings at the National Hotel made him a laughing stock. Worse, it condemned Queensland to another 23 years of police corruption before Gerald Fitzgerald did the job properly ... more

Evan Whitton    June 28, 2005  
Morality - missing in action

Evan Whitton is offering a cash prize for the first judge to chant a formula that might relieve some of the hypocrisy demanded by the legal system. He expects to be knocked down in the rush ... more

Evan Whitton    June 14, 2005  
When a loan shark's estate got chewed by the water sharks

After 200 days of opening submissions, lawyers in the BCCI v Bank of England case made a useful start. Can we hope for the re-emergence of some decent, lengthy litigation? Maybe something approaching the 117 years it took to dispose of Jennens v Jennens ... more

Evan Whitton    May 30, 2005  
It was snoozing Judge Dodd who elicited the truth about the prisons

Lord Chancellor King, Sir Philip Yorke, Al Grassby, John Maddison, Snoozing Judge Dodd and Willie Watson aka Lord Thankerton all get a mention here. The point is that doze as he might now, 30 years ago Ian Dodd achieved more for the public weal than most barristers do in a lifetime on the drone … more

Evan Whitton    May 16, 2005  
The common law's unjust tricks with double jeopardy

Common lawyers contorted the double jeopardy principle of 1164 to mean that: you shouldn’t be punished twice, therefore you shouldn’t be punished once. Now look at the vexatious abuse of justice in Queensland’s Carroll case ... more

Evan Whitton    May 2, 2005  
A moving encomium for an old viper

Sir Joh Bjelke-Petersen debauched every institution of state, including the judiciary. He adopted Sir Robin Askin’s philosophy: “We’re in the tart shop now, boys.” ... more

Evan Whitton    April 19, 2005  
Our justice system is ill equipped to handle the "war on terror"

The Lord Warden of the Cinque Ports and his spiritual heir, Jackie the Lackey, have menaced us with an endless series of terrifying threats. But if the “war on terror” is not just another hobgoblin, then the best way to fight it is the French way ... more

Evan Whitton    April 4, 2005  
The missing question in the matter of immunity

Some great thinkers say the law is now a business. So why are advocates still given such invaluable goodies as immunity from suit? ... more

Evan Whitton    March 22, 2005  
The "Christie" claptrap and its bastard offspring

The rise and rise of the inscrutable discretions used by trial judges to conceal evidence … more

Evan Whitton    March 8, 2005  
The hanky-panky rule

What to do about relevant and reliable evidence thought to have been improperly procured by the wallopers? Revisitation of the hanky-panky rule. ... more

Evan Whitton    February 21, 2005  
Freedom Rider Spigelman should blaze a trail with juries

Former Freedom Rider J.J. Spigelman should take a bolder step and have jurors on the bench with the judges. ... more

Evan Whitton    February 7, 2005  
Joe Cinque's death, diminished responsibility and the moral compass

Anu Singh, the lady who killed Joe Cinque, is likely to have a glittering career in the law. ... more

Evan Whitton    January 26, 2005  
Treatise on torture

The old regime of Continental torture enabled the British “justice” system to cultivate an air of effortless superiority. Now Bush’s quaint legal adviser “Judge” Alberto Gonzales, who sanctioned modern American torture, is to be rewarded with the job of first law officer. ... more

Evan Whitton    January 11, 2005  
A fitting end for Justice McHuge's lap of honour

How criminal defence lawyers got their laughing gear around the Moet. ... more