Peter A Clarke

The Times on Line has run a piece over the last few days on the 10 worst presidents to have held office.  It is a living and breathing example why lists on social and political matter are useless exercises.  Utterly subjective they show more about the mores of the time and the prejudices of the authors.  It is a bit of a fun read but so is watching 20 to 1 on Channel Nine. But about as educational and insightful.  At least on 20 to 1 the fact that D class celebrity dummies are asked for their comments makes it clear there is no brain power in the exercise.  

The list was drawn up Read the rest of this entry »

Simon Pegg is a terrific comic talent.  I loved Shaun of the Dead.  The premise of How to lose Friends should have been a made to order vehicle for him. A classic fish out of water comedy.  Pity it didn’t even come close to  achieving that end.  Billy Wilder where are you when we need you….

The Pegg character, Sidney Young, is a celebrity snapper in London who is notorious for gatecrashing celebrity bashes.  Read the rest of this entry »

The Thirty Years War of 1618 – 48 has sunk into relative, if not complete, obscurity with most historians.  Or least those that write for the masses.  Interest in military history tends to focus on the struggles of the twentieth century followed by the American Civil War and the the Napoleonic War. The Roman conquests and those of Ghengis Khan continue to fascinate of course and why not. They are amazing feats.  That said their impact on modern society pales into insignificance to what the Thirty Years War did to Europe and the impact of the Treaty of Westphalia, signed in Munster this day 360 years ago.

The Thirty Years war started out as a war of religion, the post reformation clash between Protestant and Catholic powers, fought mainly in Germany, and ended up a war between the two (Catholic) Superpowers, France and Spain. It marked the transition from battle being fought largely with cold steel and the push of the pike to the mass use of firepower in the form of musketry and artillery.  It was also one of the most brutal wars ever fought.  It cost 350,000 dead on the battlefield and 8 million civilian casualties.  Germany lost 40 percent of its population.  By way of comparison in World War II, Byelorussia, which suffered the greatest loss per capita losses, (followed closely by Poland) lost 17 per cent of its population.  When the city of Madgeburg was stormed on 20 May 1631 only 5,000 of 25,000 survived the pillage.  By the end of the War the German countryside, usually incredibly fertile, couldn’t support 2,000 men the march. That had a huge impact on the way wars were subsequently fought, in Europe at least. While they were bloody affairs they had a formality about them and there was very little plundering.  For over 200 years wars had relatively little direct effect on a civilian population unless the poor schmucks were in a city under siege or living on or near a battlefield.  Wars revolving around religion became an anarchronism. Modern ideologies of Communism and Fascism are the closest modern manisfestation and that took over 250 years to re emerge (and the analogy is stretched too thin even with that comparison).  It wasn’t until the twentieth centuries conflict that indiscriminate violence on the civilian population became endemic and the notion of making war on an entire people (with bomibing of cities and deliberate starvation policies). Read the rest of this entry »

Often, from little cases come big principles.   A snail in a bottle of ginger beer at the Wellmeadow Cafe in Glasgow spawned the tort of negligence courtesy of Donohue v Stevenson ([1932] AC 562).  A fight over what the ticket said about the terms of usage of the Balmain ferry gave Mr Robertson a merry ride up to the High Court and then across the pond to the Privy Council and Balmain New Ferry Co Ltd v Robertson (1906) 4 CLR 379. 

I doubt whether Clarke v Elias will hit such lofty heights on the question of delegation of powers.  It is notable for the minor issue in question, a $100 fine for a driver wearing jeans in contravention of the regulations.  One can only hope not.  Clarke, who lost at first instance and then on appeal to the County Court, argued that there had been an invalid delegation by the legislature to the Secretary of the Department.  The nature of the invalidity was that the Secretary did not have the power to set uniform standards.

Relevant principles Read the rest of this entry »

Getting on the record first.  I went to Xavier.  In the parlance, I am an old Xaverian.  I was there till the bitter end. The “muck up” day in my year was incredibly dull, at least from my perspective.  A few guys had their shirts autographed then graffitied and ran up and down corridors.  I heard that one of the few guys who had a car got together with a few likely lads and pelted Gennazanno girls with egg and flour as they left for the day.  I think a few others did much the same thing to MLC girls while they waited for trams.  Strictly speaking they committed a range of offences, starting with assault.  There may have been an affray in there.  No doubt they are now doctors, dentists and lawyers. I don’t recall any coverage in the media.  Nor should there have been. 

Some of the goings on by Xavier boys yesterday, if accurately reported, are a step or 10 above that. Stomping on cars is vindictive and criminal.  No doubt a collective madness set in and the teachers were entitled to take administrative action like cancelling classes (which is not the same as suspending someone). 

But the coverage has been hysterical.  Listening to the “concerned” burghers of Kew ringing in about rampaging kids on 3 AW was boofhead radio at its worst.  Some kids in balaclavas and/or stripped to the waist running about, the end of the society by any definition right!  What hogwash!  Typical Kew nonsense.  Some of the dowagers have been sniffing their hedge clippings again (after the help brings it to them on the silver service).  And I say that as someone who spent most of my youth and 20s living in Kew.  The truly stupid coverage by the Herald Sun and the megaphone paranoia played out on 3 AW demonstrates about how much fear there is of  this mythical wave of criminal behaviour.  Even the Age can’t help itself.  Its coverage was the usual mix of inaccuracies held together by lavish quotes by cops and other law and order self important types. 

An increasing feature of this “panic in the streets” reportage is how the police are now more than happy to be a mini celebrity.  In the Age report Senior Sergeant Tim Hardman was quoted saying:

“It may mean that they may not be able to get a passport or a visa or a work permit during their gap year or at some stage down the track,” Senior Sergeant Hardiman said.

“And any criminal conviction will have consequences for any (future) job application.

“It’s about consideration to others and knowing that any criminal behavior will be prosecuted and investigated by the Victoria Police,” he said.

What pomposity.  Tim, you’re a cop, not a camp counsellor.  Fill your scrap book some other way eh!

I thought Xavier’s initial handling of the issue wasn’t bad.  Yes it was a problem, yes we took action and yes we will fix it in the future.  With the baying for blood from the heckel and jeckel brigade the school is now hinting at expulsions.  Nice use of the backbone.  As for the police talking about the need to monitor Facebook sites because of the way kids organise, that is just outrageous. 

A sense of perspective, even a bad one, would go a long way.  It is Dodge city and Xavier boys ain’t the James gang. 

Last night I endured an eon watching self satisfied nonsense that was Burn After Reading.  It should be renamed Burn before Screening!  What a let down on just about every level!  Since I first discovered the Coen brothers, by accident, after wandering into Millers Crossing on a rainy night way back when I have rushed to see their latest offerings (and grabbed up their earlier work).  Most have been brilliant; Fargo, No Country for Old Men Irreconcilable differences, Blood Simple, Raising Arizona, Barton Fink and Oh Brother where art thou.   Others have been quirky and not quite right but at least add to whatever genre they try to cover; the Hudsucker Proxy (a homage to late Charlie Chaplin – I think) and The Big Lebowski (best viewed in a mild state of inebriation).  I didn’t see the Ladykillers but gather that was dreadful. I didn’t see it because I have an aversion to seeking remakes generally but the Ealing version was so damn good it just isn’t possible to see Tom Hanks do justice to the material. 

But Burn after Reading  has its moments but the end product is just dreary.  Read the rest of this entry »

Justice Reeves decision yesterday in NTD8 v Australian Crime Commission (No 2) [2008] FCA 1551 (17 October 2008) has caused a minor stir in the media.  PM’s coverage of the story portrays it as a confidentiality/medical records type case whereas in fact the matters under consideration were technical and narrow. 

The test, as Reeves J saw it, was Read the rest of this entry »

Both the Age and the Herald Sun have run almost identical articles about Theo Theophanous calling for privacy.  No surprises why.  Both AAP pick ups.  I wholeheartedly agree with the call for privacy (that amorphous non legal concept which should be protected by the law.  Another comment for another time) but have a bit of a problem with the call being made now.  It seems that the  Theophanous camp has already ascribed a motive to his accuser (a payout, compensation however else you want to describe it) and engaged in some public banter.  While I can understand the spin (maybe) it is a bit hard to call for privacy after you have indulged in a bit of media play yourself.  But never to late to change tack. 

The statement has its own flaws.  It reads:

“I just want to make a statement on behalf of the family following some legal advice that we’ve got,” Harry Theophanous said.

“We want to again inform the media that it’s inappropriate for anyone to make any public comments about this case as it would amount to interfering with a police investigation.

This paragraph is overbroad to the point of being just plain wrong.  So anyone making any public comments about “this case” ( whatever that means) constitutes an interference with the police investigation.  New law being created right before our very eyes.  So the Premier’s general commentary about his lack of knowledge until the last moment and urging the police to investigate quickly, as he did, is an interference.  Really?  Comments about the way the controversy has been reported is an interference with a police investigation.  Who would have thunk it!  The paragraph is just plain nonsense. Dramatic nonsense, but nonsense nevertheless.  Whether there has been interference, hinderance, perverting the course of justice depends on what is said to whom and when.  It is, like most things in the law, a matter of looking at the facts and applying the principles.  Be sure that the boys in blue won’t be pulling out the bracelets and slapping them on everyone who makes a comment about “the case.”

“For this reason, my father is unable to speak to the press, the family is trying to deal with a difficult situation and we’d like our privacy respected.

Of course Theo Theophanous can speak to the press.  Whether he should is an entirely different matter.  In the normal course he would be foolish to do so.  But that is not what the statement says.  Again, it depends on what he says and why.

“We urge you to let justice take its course and allow the police to complete their inquiries.

“There will be no further comments from the family, thanks.”

  With a bit less commentary this sad saga should loss some of its spark.  Or at least one can only hope.  As for Theophanous’ legal advice, well I whatever the author was smoking, it is time to share man!

Today the Herald Sun has a fairly salacious splash about Theo Theophanous’ possible pending legal problems in Victorian MP Theo Theophanous accused of raping woman in Parliament | Herald Sun.  The The Age’s Woman tells of being ‘raped’ by minister   reportage is perhaps a few decibels less shrill  but it still rips a bodice or two. The victim is quoted at length.  From a lawyers perspective that is not the smartest move.  it provides a starting point to a line of cross examination if charges are laid.  Why all the reporting now? The obvious first answer is that it is probably the biggest political story to come (no pun intended) out of Spring Street.  The government has come under more strain from this accusation than the limp attacks by her Her Majesty’s Opposition.   Melbourne’s Fourth Estate are making hay because the sub judice rule does not apply at the moment.  Good for pit bull journalism, lousy for a free falling MP and not much good for the legal system. 

Sub judice  (Latin literally before the Court) prohibits reporting details of a case.   The  rule  provides that, with a few important exceptions and qualifications, it is a contempt to publish material relating to “pending” (that is, current or forthcoming) legal proceedings if that material has, “as a matter of practical reality, a tendency to interfere with the course of justice”. (see Hinch v Attorney General (Vic) (1987) 164 CLR 15).  In Hinch the court said the offending publication must “exhibit a real and definite tendency to prejudice or embarrass pending proceedings”. Whether there is that  tendency is determined from an investigation of the likely impact of the publication on one or more of the participants in the proceedings. Read the rest of this entry »

Tony Wright is a good writer even if he tends to run with the gallery pack. He is now the Age’s chief cheerleader of our current Governor General. His piece Governor-General has no taste for politics but believes that her bipartisan role doesn’t have to be silent is the most recent case in point. What a load of sycophantic drivel.  It got my blood boiling and I started this post yesterday. As usual I put it to the side and did other things until I heard Andrew Bolt rail about Quentin Bryce on this morning’s Insiders. Sure enough he has blogged on the point and wrote a piece on Friday. Following in the footsteps of Bolt is a bit of worry. While I occasionally agree with his outpourings I  more often find his conservative tub thumping way too much following the Fox “wouldn’t-it-be-nice-if-the-50s-came-back” sort of nonsense.  I think Bold would love to see himself as a home grown Bill O’Reilly. Ugghh!!!

Governors General have tended to be plucked from a few rarified gene pools’; ex High Court judges (Isaac Isaacs, Ninian Stephen and Bill Deane), ex politicians (Paul Hasluck, Richard Casey, Bill Hayden and Bill McKell), military sorts (most notably Bill Slim and Michael Jeffrey) and, especially in the early days of Federation  until WWII, various earls, barons and other nobles and ex UK politicians from the home country (Hope, Tenneyson, Northcote, Hope, Denman, Stonehaven to name some), and a few that don’t easily fit into a category (John Kerr – though he was a judge of sorts) and Hollingworth (a cleric). The GG’s have only exercised the reserve powers 4 times, most spectacularly in 1975. The role is important and is taxing. Ceremony is important. Governors General have from time to time made themselves a lightening rod.  Kerr drew the wrath of the left for offloading Whitlam while others were critisised for expenses and stuffiness (the earlier ones). But most kept away from the political fray.

Holly Billy Deane started the new age role of a GG somehow thinking he could channel the thoughts of the people and giving them form from a podium. Whether it is Bill inventing all sorts of new traditions to the current incumbent wanting to highlight that are tormenting us.

Quentin Bryce is not even close to being one of the people. Wouldn’t know them if she fell on them. She is a soft left hack who has worked her way through a well trodden path of sixties Fabian feminist types, a bit of academe a bit of government quango (OK HREOC is not a quango but it is comfortable enough to qualify). A step up every occasion but no big achievements. Read the rest of this entry »