IguanaGate

Old Jul 1st 2008, 9:02 am
  #1  
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Default IguanaGate

Can someone explain to me how Della Bosca and Neal can "exercise their rights to refuse to be interviewed by the police" with reference to the Iguanagate affair?

Does this mean that if I'm suspected of say murder I can exercise my right not to be interviewed?

I'm puzzled.....
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Old Jul 1st 2008, 9:11 am
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Default Re: IguanaGate

Originally Posted by Wol View Post

Does this mean that if I'm suspected of say murder I can exercise my right not to be interviewed?
If the police choose not to arrest you, as in this case, then yes you can.
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Old Jul 1st 2008, 9:17 am
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Default Re: IguanaGate

In that case I'm not saying anything about any murder.
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Old Jul 1st 2008, 9:42 am
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Default Re: IguanaGate

Originally Posted by Wol View Post
Can someone explain to me how Della Bosca and Neal can "exercise their rights to refuse to be interviewed by the police" with reference to the Iguanagate affair?

Does this mean that if I'm suspected of say murder I can exercise my right not to be interviewed?

I'm puzzled.....
Until someone has been arrested then they have the right to exercise that right, same as the UK. Then, the plod tend to say, 'ok then, we arrest you!'.
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Old Jul 1st 2008, 10:33 am
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Default Re: IguanaGate

I know you have the right to remain silent, but surely you cannot refuse even to *meet* with the police?
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Old Jul 1st 2008, 10:42 am
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Default Re: IguanaGate

Originally Posted by Wol View Post
I know you have the right to remain silent, but surely you cannot refuse even to *meet* with the police?
You still need to be arrested first before they can make you 'meet' with.
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Old Jul 1st 2008, 10:47 am
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Default Re: IguanaGate

Originally Posted by bcworld View Post
You still need to be arrested first before they can make you 'meet' with.
Before then you can also be "assisting Police with their enquiries".
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Old Jul 1st 2008, 11:04 am
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Default Re: IguanaGate

Originally Posted by Wol View Post
Can someone explain to me how Della Bosca and Neal can "exercise their rights to refuse to be interviewed by the police" with reference to the Iguanagate affair?

Does this mean that if I'm suspected of say murder I can exercise my right not to be interviewed?

I'm puzzled.....
She's a lawyer and knows how to play the game. unfortunately the law doesn't legislate for stupidity - and neither can she
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Old Jul 1st 2008, 11:35 am
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Default Re: IguanaGate

Originally Posted by sonlymewalter View Post
She's a lawyer and knows how to play the game. unfortunately the law doesn't legislate for stupidity - and neither can she
I actually drove past the Iguana waterfront club today, boy are they doing well out of all this!! Nice area too, Gosford and Woy Woy.
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Old Jul 1st 2008, 11:46 am
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Default Re: IguanaGate

Originally Posted by paddyo View Post
I actually drove past the Iguana waterfront club today, boy are they doing well out of all this!! Nice area too, Gosford and Woy Woy.
You know what they say - bad publicity is better than no publicity
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Old Jul 1st 2008, 11:48 am
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Default Re: IguanaGate

Originally Posted by sonlymewalter View Post
You know what they say - bad publicity is better than no publicity
exactement mon brave!! Unless of course you are an MP, in which case it usually signals the end of your career!! In this case I certainly hope so!
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Old Jul 1st 2008, 11:55 am
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Default Re: IguanaGate

Originally Posted by paddyo View Post
I actually drove past the Iguana waterfront club today, boy are they doing well out of all this!! Nice area too, Gosford and Woy Woy.
Yep lovely isnt it - we were there for new years eve.

Wish I was there for igunagate too - bet it was a right laugh!!
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Old Jul 1st 2008, 11:56 am
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Default Re: IguanaGate

Originally Posted by paddyo View Post
exactement mon brave!! Unless of course you are an MP, in which case it usually signals the end of your career!! In this case I certainly hope so!
You're joking. That's what makes a politician
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Old Jul 1st 2008, 2:01 pm
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Default Re: IguanaGate

Originally Posted by Wol View Post
I know you have the right to remain silent, but surely you cannot refuse even to *meet* with the police?

If it's anything like the UK, then some offences will not carry a power of arrest with them, or may only be arrestable if 'found committing'. Examples in UK law include most traffic offences, minor public order offences and some deception offences.

In these cases, the Police are required to interview you, but it is entirely voluntary, and you can decline to be questioned. If this is the case, and you are in jeaopardy of being prosecuted, then you can be reported for summons (not sure what the Australian equivalent is) and the paperwork will be sent off to the court. the fact that you declined to be interviewed often goes against you, as the jury/magistrates can make an inference as to why you decided not to give your story at the time you had the opportunity to do so. So if you declined to be interviewed about a minor traffic offence, then come up with some fantastic story in court for your defence, the magistrates can effectively choose to ignore your court based testimony.

So in essence, it may well go against them if they have declined to be interviewed.

Does that make any sense?


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