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Bit Of A Yarn

Bichon freise


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Agree, photo evidence on its own will carry no weight. It will require good creditable eye witness accounts to support photo evidence, and possibly forensic evidence such as DNA from bullring. Also phone records may prove useful. I feel the most damaging will be personal testimony from reliable witnesses.

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Do not be surprised if this case is on going 1 year from now. Brendons first Court appearance will see the charges laid. I expect Brendons lawyer will seek a remand without plea to consider the charges. Their next appearance they will be expected to plea, but I bet dollars to donuts a further excuse will be found for a further remand. This will see a plea sometime later this year which will be not guilty. A date will then have to be found for a defended hearing, this will be sometime in the first half of 2020. If found guilty, then an appeal will go in and may be heard sometime in the second half of 2020. If that fails, then expect an appeal to the Supreme Court, and that will take it to 2021 and beyond. I may be entirely wrong, but thats how I see this panning out.

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21 minutes ago, aquaman said:

Do not be surprised if this case is on going 1 year from now. Brendons first Court appearance will see the charges laid. I expect Brendons lawyer will seek a remand without plea to consider the charges. Their next appearance they will be expected to plea, but I bet dollars to donuts a further excuse will be found for a further remand. This will see a plea sometime later this year which will be not guilty. A date will then have to be found for a defended hearing, this will be sometime in the first half of 2020. If found guilty, then an appeal will go in and may be heard sometime in the second half of 2020. If that fails, then expect an appeal to the Supreme Court, and that will take it to 2021 and beyond. I may be entirely wrong, but thats how I see this panning out.

Your right john about it taking a year he will plead not guilty a jury will find him guilty 

But to get a new appeal in nz courts they have to come up with new evidence and cant see that happning 

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51 minutes ago, aquaman said:

Do not be surprised if this case is on going 1 year from now. Brendons first Court appearance will see the charges laid. I expect Brendons lawyer will seek a remand without plea to consider the charges. Their next appearance they will be expected to plea, but I bet dollars to donuts a further excuse will be found for a further remand. This will see a plea sometime later this year which will be not guilty. A date will then have to be found for a defended hearing, this will be sometime in the first half of 2020. If found guilty, then an appeal will go in and may be heard sometime in the second half of 2020. If that fails, then expect an appeal to the Supreme Court, and that will take it to 2021 and beyond. I may be entirely wrong, but thats how I see this panning out.

if thats the case hope hes got plenty of money

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From what I understand, the photo's I have possession of are not all of the photo's. It's rumoured there are more photos, showing some different people in the frames & also there could possibly be a video.

I wonder if Brendon Cole, the GRNZ LP that has been charged because of his alleged live baiting, will apply for and be granted name suppression at his court hearing?

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13 minutes ago, Yankiwi said:

From what I understand, the photo's I have possession of are not all of the photo's. It's rumoured there are more photos, showing some different people in the frames & also there could possibly be a video.

I wonder if Brendon Cole, the GRNZ LP that has been charged because of his alleged live baiting, will apply for and be granted name suppression at his court hearing?

I was wondering if the photos were screen shots from a video, with technology these days they aren’t really that clear, my old iPhone takes better photos than those

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2 hours ago, Mehe said:

Your right john about it taking a year he will plead not guilty a jury will find him guilty 

But to get a new appeal in nz courts they have to come up with new evidence and cant see that happning 

Do not think they need new evidence, they only need to say original hearing erred in Fact and Law. They may, that is the defense, decide the trial Judge did in their opinion, direct the jury wrong if jury trial. Or the Judge didn't allow certain evidence that the defense thought was crucial to their case. Good lawyers will come up with many reasons for appeal. It does not rely on new or fresh evidence.

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4 hours ago, aquaman said:

Do not think they need new evidence, they only need to say original hearing erred in Fact and Law. They may, that is the defense, decide the trial Judge did in their opinion, direct the jury wrong if jury trial. Or the Judge didn't allow certain evidence that the defense thought was crucial to their case. Good lawyers will come up with many reasons for appeal. It does not rely on new or fresh evidence.

He will probably elect a judge-only trial. 

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13 hours ago, Mehe said:

Yes and I cant see him winning with a judge alone John 

Jury or judge. A judge must rule on the evidence and points of law. Only have to convince him.
A jury composed of 12 individuals, all with a degree of personal bias. How they view animal welfare will have a bearing on how they process the information and the decision they make. A juror who sees a dog's role as a family pet only will unconsciously view the evidence with bias. He has a choice, he would be unwise to try and sway 12 members of the public.

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2 hours ago, Cockyaleg said:

Jury or judge. A judge must rule on the evidence and points of law. Only have to convince him.
A jury composed of 12 individuals, all with a degree of personal bias. How they view animal welfare will have a bearing on how they process the information and the decision they make. A juror who sees a dog's role as a family pet only will unconsciously view the evidence with bias. He has a choice, he would be unwise to try and sway 12 members of the public.

But if he sways two on the jury isnt it a hung jury and then that would be another year

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1 hour ago, Mehe said:

But if he sways two on the jury isnt it a hung jury and then that would be another year

Yes, it is, but given the type of case unlikely. The actual rule is:

"If the jury can’t reach a unanimous verdict after a reasonable time, the judge may accept a majority verdict:

  • In criminal cases, this means one juror can disagree.
  • In civil cases, one-quarter of the jury can disagree."
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2 hours ago, Cockyaleg said:

Yes, it is, but given the type of case unlikely. The actual rule is:

"If the jury can’t reach a unanimous verdict after a reasonable time, the judge may accept a majority verdict:

  • In criminal cases, this means one juror can disagree.
  • In civil cases, one-quarter of the jury can disagree."

I would like to attend the first day of court to hear the charges myself ?

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On 26/04/2019 at 8:07 PM, crosscoded said:

Image result for lamb chops puppet

Image result for lamb chops puppet

Pretty easy for the defence if the strength of the entire case is based on the assumption on the photographic evidence it's a bichon freise tied to the lure.

Its the witness testimony that will carry the most weight and without that I suspect the SPCA would not have proceeded. This will take some time to proceed through the courts I would suspect, better settle in for a very long ride.

image.jpeg

Don't think Shari Lewis and lamb chops guna be to much help

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