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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

When you talk about the DPP or the matters that go to the higher courts, it's even more pronounced because there's definitely a policy aspect.

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

And when you're talking about

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

the decision to prosecute something.

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

There's an overarching principle, which is whether or not it's in the public interest to run the prosecution.

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

And it's a very, very broad test.

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

How do police make that decision?

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

Well, police generally don't.

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

Then who does?

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

For that, it would be like in the state, it would be the DPP.

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

Uh, and in federal crimes, it would usually be the attorney general, but I'm sure there's lots of advice being given there.

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 that decision is, you know, you got to remember this is meant to be a very transparent system, but it's very difficult to get a clear answer on some of these things, which kind of hurts the transparency aspect.

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

So when you talk about Ben Robert Smith, uh,

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

I mean, there's no doubt there's been a lot of division in this country, everywhere, in relation to how people feel about it.

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

So you've got to really weigh that up as a factor when it comes to the public interest.

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

I mean, especially, you know, it's unfortunate, and I don't mean to jump on the Ben Robert Smith bandwagon, but it's such a magnificent spotlight in terms of the issues surrounding media.

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

And the process for me.

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

I think when it comes to this particular case, there's a big argument that can be made where you talk about our obligations when we sign up to treaties as a country.

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

So when it comes to things like the International Criminal Court and all the treaties surrounding war and the way in which we can conduct ourselves.