A lesson in democracy for ABC
In a democracy a basic principle of law controls criminal law.
It is the right to be presumed innocent until proven guilty beyond a reasonable doubt in a court of Law.
Wiser and bolder men than appear on Media Watch fought through the centuries to establish and maintain this.
This means, even though you are charged with a crime, you are presumed innocent until the court of law decides otherwise, beyond a reasonable doubt.
It is in our interests to promote this law amongst our children and ourselves.
For if we are guilty by accusation then we are no more than a suppressive state anywhere.
If we do not treasure this, we do not treasure the principle of democratic states.
Ken Dyers had not one conviction after his name at his passing. A court of law did not uphold one charge against him.
Ken was charged with 11 counts
On 10 of them he was found “not guilty”.
The 11th charge tried separately was noted for the DPP wanting to drop the case because of “glaring inconsistencies “ in the mother’s evidence, and the fact that the girl herself did not “come up to proof.”
This means she didn’t say in court what she had alleged happened. Yet the judge still insisted the case proceed and directed the jury to find Ken guilty of “a kiss on the forehead”.
The High Court of Australia later found the judge had so misdirected the jury and the conviction was quashed.
So Ken emerged with not one conviction after his name.
This is all the more remarkable, as no jury anywhere is kindly disposed to anyone so charged with these offences.
This is Ken’s history; these are the facts.
That is all there is to say.
The rest is the stirring of hysteria and fear and the opposite approach of citizens in a democracy.
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