Kaz
State of Origin Captain
- Mar 5, 2008
- 10,017
- 3,760
Of course they will know the evidence. Their lawyers will have a brief so they know what's going on.
They wouldn't.
They know the charges, but they wouldn't know the evidence.
Of course they will know the evidence. Their lawyers will have a brief so they know what's going on.
Feel free to open a thread in the Staff Chat area. It'll only be visible to staff & yourself.
This is the only time, that I want to be a staff member. :laugh:
They wouldn't.
They know the charges, but they wouldn't know the evidence.
That's a load of crap, Kaz.
The first thing their lawyers would have requested was a brief of evidence. I've been charged with an offence before, it's the first thing that my lawyer got hold off after they let me go.
Police (and the QCCC staff preferring these charges ARE police) are required to complete a QP9 court brief for a defendant's initial appearance at Court. That is not a ' brief of evidence'. It is a summary of the facts and the charges a person is charged with. It doesn't contain evidence such as witness statements, analyst certificates, photographs and so on. It is a basic description of the matter and related issues at hand.
These defendant's lawyers in this case have reportedly not yet received the QP9 court brief (which lists the charges and a summary of the facts the Crown is alleging). However they will closer to, or perhaps even on the day of court.
The Crown is not required to produce a FULL brief of evidence at the initial mention and in many cases NEVER even prepares a full brief (as the overwhelming majority of defendant's plead guilty, meaning no full brief is required). A full brief is only required once a charge/s is listed for hearing (either Summary or Committal).
What your lawyer asked for was the QP9. Not the brief of evidence.
Kind of. The QP9 is really more of a fill-in-the-blanks thing. E.G. On the 2xth day of Xuary the defendant X Xington did supply X Xbury with an illicit substance, namely Xcaine. There's a list of evidence, but it's an index, not an outline. Which is not to say the players don't know more than that, because they've most likely been interviewed (unless they declined) and had all the evidence thrown in their face.They're not going to have every single detail. But to suggest they don't have information pertaining to how the police have charged them is ludicrous.
The QP9 states the charges, and the time frames that relate to the charges, and how they've determined that a charge can be laid.
EG. Porthoz had illegal prescriptions of Viarga at this location, at this time, and we know that because informant X told us. We also have this, this and this.
Then all the fun details come out after first appearance.
To suggest these players have no idea is just idiotic.
That's a load of crap, Kaz.
The first thing their lawyers would have requested was a brief of evidence. I've been charged with an offence before, it's the first thing that my lawyer got hold off after they let me go.
Only thoroughly stupid idiots would keep doing anything remotely related to this affair, be it phone calls, text messages or IM, much less actually even coming near the stuff.
I just feel so sorry for all the paparazzi who wasted a week planted on god's front yard... :doh:
I hope they had something to pass the time! :canabis:
They're not going to have every single detail. But to suggest they don't have information pertaining to how the police have charged them is ludicrous.
The QP9 states the charges, and the time frames that relate to the charges, and how they've determined that a charge can be laid.
EG. Porthoz had illegal prescriptions of Viarga at this location, at this time, and we know that because informant X told us. We also have this, this and this.
Then all the fun details come out after first appearance.
To suggest these players have no idea is just idiotic.
I imagine the CCC didn't want to release the brief because the investigation was/is still going and may not have wanted some stuff to come out yet.
Depends. Sometimes a Notice to Appear (NTA) has the full charge written on it. Sometimes it only has time, date (or dates), place and the short title of the offence or offences, ie: 1x Supply Dangerous Drug (DD) or 4x Supply DD or whatever the charges may be. In field issued NTA's there isn't sufficient room to write out most charges in full.
The first time many defendants know the full particulars of the charge, let alone the summary of the facts listed within the QP9 is when the prosecutor is reading them out in front of court.
In this particular case, according to media reports, the defence solicitors have not yet received the QP9. Most frequently that is because they aren't actually done. They only HAVE to be at court on the appearance date the defendant was given. There is no requirement to disclose anything to defence prior to that appearance date.