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James Glissan

👤 Speaker
637 total appearances

Appearances Over Time

Podcast Appearances

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

He can get bail from the magistrate, from the judge, and then the prosecution can hand up something that's called a Section 40 bail stay.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

And practically what that means is it overrides the court's decision.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

So the court can give him bail, and if they hand up that certificate, he can still stay inside until he makes another application, which would have to go higher, likely to the Supreme Court.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

Right.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

So that may have been something that factored in.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

It may not have.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

But I'm very interested to see what happens when he applies for bail.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

Where's the public interest?

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

Look, okay.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

I promise this will be the last distinction I draw between the US and here.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

But in the US, when you do something like this, it's a massive media event.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

In the US.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

And it's designed and intended to be a media event with the arrest.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

That is not allowed.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

They have case law on that, which means they have judge law saying that it's unconstitutional and infringes rights.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

The only purpose is to humiliate somebody.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

Here, we don't have anything like that.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

Now, the major problem that I have with this, and I know a lot of people have, is it was unnecessary and it looks very heavy-handed.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

And I've spoken about this before, but where you have such heavy media presence for the arrest...

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

the rest of the country knows about the arrest before it ever becomes a court, before a court, and before it becomes a matter in which he has legal representation.