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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

So to speak.

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

Non-publication orders.

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

And then there will be periods of time, I'm willing to bet, where there's a closed court.

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

So the jury will still hear it.

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

But it won't be able to be reported on.

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

Yeah, and this is a really common point of confusion and something I've been asked a lot.

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

When you're looking at the civil case, especially because it's a defamation case, which are notoriously risky to run because the defense is that people were telling the truth.

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

So it's always a gamble as to whether or not it's worth it.

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

In Ben's case, it wasn't.

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

And now we've got this compounding issue.

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

So in the civil case, it's balance of probabilities.

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

What does that mean?

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

Is it like 51%?

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

No, it's more vague than that.

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

So it's not a mathematical equation.

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

It's just to the fact finder, so to the judge, is it more likely than not

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

that the allegation was true.

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 I think you can even expand it a little bit further, which might help understand what this really means, which is each fact.