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Evan Whitton Articles from 2006
Read Articles from Year > 2010 > 2009 > 2008 > 2007 > 2006 > 2005 > 2004
Evan Whitton    December 14, 2006  
Running the spool backwards

It was brave of Ole K. Cole to accept Jackie Howard’s ostrich defence … Academics give the High Court birchings for decisions in McKinnon (erosion of the court’s standing) and WorkChoices (arrant nonsence) ... Give Serial Liars to a lawyer for Christmas … Don’t give Serial Liars to a lawyer for Christmas ... more

Evan Whitton    December 1, 2006  
Where the offence is, let the axe fall

Mr Loophole lumbered … Snarler Cheney’s war “interests” ... Democrats who get their snouts in the trough will have to beware the Republican media … Better for the Wallabies to select and train themselves ... more

Evan Whitton    November 13, 2006  
Hold the zeal

How can super-intelligent people on the High Court put their names to guff? ... Dick Cheney now part of Democrats’ “swamp draining” program … Little Johnnie booed at the cricket ... more

Evan Whitton    November 1, 2006  
The first Tuesday in November

Both Richard Helms and Ollie North applied a bit of greymail and skipped free from various awful felonies. But can greymail work just as smoothly for Scooter Libby? ... more

Evan Whitton    October 16, 2006  
Le vice Anglais

Former Home Secretary David Blunkett got rid of the double jeopardy rule. NSW is half-way there and now reform of this bit of the criminal law is the official policy of the Council of Australian Governments. Various acquitted are watching anxiously ... more

Evan Whitton    October 3, 2006  
Cutting and pasting

While Chief Justice Spiggsy Spigelman bemoans the awfulness of judicial performance indicators, Evan Whitton helpfully provides to the Productivity Commission five measurable ingredients it could apply in the assessment of court effectiveness ... more

Evan Whitton    September 19, 2006  
Rights before justice

The law insists it is proper for judges and counsel to mislead the jury … The deep well of lawyer unhappiness … A clue as to why the dear old Bandicoots keep getting flogged ... more

Evan Whitton    September 7, 2006  
The petitio principii fallacy

Justice is fairness, fairness is truth, truth is reality, searching for truth is moral. Except there’s a parallel world where zealous advocacy is also moral, and the best Mr Loophole usually wins. Evan Whitton explains “immoral ethics” ... more

Evan Whitton    August 23, 2006  
Poltroonery - political and judicial

What is being done about wrongful convictions and other perversions? Nothing much – but a decent Criminal Cases Review Commission would be a good start ... more

Evan Whitton    August 11, 2006  
Sunday night at the Whittons

Bleak House is a drama, a soapie, a satire and a celebration of the adversary system. A century and a half after Charles Dickens’ blockbuster, the system it pilloried is still travelling quite nicely, thank you ... more

Evan Whitton    July 25, 2006  
Cheney's lawyer

The same grease-ball lawyer who put forward the flawed advice on limitless US presidential power also provided colourable legal opinions to the Republicans on the Iran-Contra scandal. Is it any wonder that David Addington encapsulates a few unattractive things about the law bizzo? ... more

Evan Whitton    July 11, 2006  
Four Quartets of The One Percent Doctrine

Legal academics teach what the law “is” and not where it came from and what’s wrong with it. If a mug reporter can find out, why can’t they? ... more

Evan Whitton    June 26, 2006  
The birdshit precedent

Superabundant discovery was given a huge leg-up by the Peruvian Guano case (1882). Ever since, despite the best efforts of some gallant litigation reformers, seabird excreta has been plopping on the heads of millions of clients ... more

Evan Whitton    June 14, 2006  
Marathon Man

Atticus Finch persuaded hordes of young idealists as to the nobility of adversarial lawyering, including Ronnie Sackville – but nobility can be an impediment … Plus, a little something for the NSW Law Society’s Pauline Wright to ponder ... more

Evan Whitton    May 31, 2006  
Explicating the inwardness

Little Johnnie Howard, immersed in failure, is sticking with the “Glutei Defence” ... Don’t forget, it was Barwick who made the tax system complicated and unfair … And please don’t ask about the ingredients of the Marsden Salad, with its unique dressing ... more

Evan Whitton    May 15, 2006  
The ostrich instruction

The jury is instructed about Kenny Boy Lay’s “ostrich” defence in the Enton fraud case. It’s a pity that O.K Cole can’t instruct himself about the “deliberate ignorance” employed by government ministers to defend themselves in the AWB bribes inquiry ... more

Evan Whitton    May 3, 2006  
The Lindberg Question

OK Cole is desperately in need of assistance from the expert on Royal Commissions. Jackie Howard, Maida Vaile and Bunter Downer all used variations of the Ostrich Defence. They need to be dragged back and asked the Lindberg Question ... more

Evan Whitton    May 1, 2006  
Two ways to deal with crims

For 27 years Evan snoozed in the Toowoomba courthouse before it occurred to him to ask why the alleged justice system is so weird ... more

Evan Whitton    April 18, 2006  
The Wink

Law firms who helped draft Kevvy Andrews IR laws now want to litigate them … How “the wink” works for cartellists and, in all likelihood, for Jackie Howard ... more

Evan Whitton    April 3, 2006  
The Stuffed Man

The public’s verdict on OK Cole is unlikely to be kind … Peter Livesey should be let back into the fold … Rorting the market for gongs … Bert Wainer doco ... more

Evan Whitton    March 20, 2006  
The merde is everywhere

What happens when a lawyer gives advice on his mobile while in the gents? ... Plus, war crimes tribunals – a great new earner, even though a failing experiment. The International Criminal Tribunal for the former Yugoslavia has chewed-up $1.6 billion partly because there was an attempt to “converge” both the adversarial and pro-truth systems ... more

Evan Whitton    March 6, 2006  
Cole off-beam on wheaties' privilege claim

Ol King Cole has accepted the wheaties’ claim of privilege. E. Whitton says he is wrong. The time for privilege is when, or if, the AWB boys are up before the courts … The moribund Labor Party should promise to install a Commonwealth ICAC, which would at least harvest the votes of starving lawyers and the alienated ... more

Evan Whitton    February 22, 2006  
Two Wongs don't make a white

Evan Whitton says if it’s OK for lawyers to lie to keep rich criminals out of prison, it must be OK for cops to lie to put them in … And he takes Spiggsy Spigelman to task for failing to know the fundamental facts about the common law … We should follow the French and set up a committee to stop justice being perverted ... more

Evan Whitton    February 6, 2006  
Bells and Catholics

Kenny Boy goes for the idiot defence … Catholic majority on the US Supreme Court … We don’t need Rupie or Jamie to have a multi-channelled world … Interruption in the church ... more

Evan Whitton    January 23, 2006  
While you were snoozing

Evan Whitton is back, romping through some of the issues that troubled him over Christmas and the New Year: Kerry Packer’s marriage of minds with “Greasy Thumb” Guzik … Stroke-ridden Ariel Sharon’s corruption … Jack Abramoff looking like a Mobster … Kevvie Andrews’ unemployment tricks … How the “unitary executive” theory and Scalito can get Bush off the hook … And the tax deductibility of the $300 million doucer to Saddam ... more