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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

And there's a real issue.

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

And the reason the US found that it wasn't lawful is that there's a real issue.

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

It impedes somebody's right to a fair trial because they've just seen him arrested.

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

They've seen him in cuffs.

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

So therefore he must have done it.

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

So that's the theory.

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

And that's why they don't allow it over there.

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

But for some reason we do allow it here.

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

Again and again, it's repeating.

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

The other thing is, and this is really important, is it changes what can be said in court.

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

So often, if somebody's told that they're wanted and that they need to hand themselves in, what defense will do is they will say, well, look, he handed himself in.

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

The jury can infer what they want from that, but flight, for example, is evidence of guilt, can be evidence of guilt.

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

And they didn't do that, even though he said that he would hand himself in.

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

Instead, now what the jury is looking at is somebody who's trying to board a plane and

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

when he's arrested.

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

And that is a very different starting position, a very different starting position.

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

And it was- Looks like he's trying to escape.

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

Yeah.

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

And it was- That's what I thought to myself.

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

Where was he going to?