Dingle + Disaster

Posted on June 27, 2010 by Julian Johnson

 I like many have watched with horror and fascination the waste that was the end of Penelope Dingle's life.  Amongst it all, Cameron Platell, by reputation a quiet and careful surgeon, stood out for me, when explaining on 720, his frustration that his advice was being ignored, as he assured Ms Dingle of the favourable outcome expected with surgery he recommended but she would not have.

The case raises important and difficult questions about the role of our society in protecting its members from their own abject foolishness and influence.  Self-determination is great, as long as informed and based on sense...  

Importantly this is not an isolated example.  Only weeks ago we all heard of the ill-informed and sinister exploitation of the vulnerable by a West Australian psychotherapist on Sarah Ferguson's excellent 4 Corners expose.

In these days, with every more stringent (or so it feels) regulation of our traditional professions, how can these 'fringe' health disciplines continue unregulated?  I suspect Coroner Hope will have something to say on the topic.

On a lighter note, if there can be one, see below - as my UK relatives would say 'nuf said'

 

Tags: , , , ,

video transcripts?

Posted on June 8, 2010 by Julian Johnson

 I have recently read several District Court decisions, in which very firm adverse findings have been made against Plaintiffs.  

These outcomes and recent experiences on the hearing of a couple of appeals, when in my view, understandably, it was clear the Court of Appeal had difficulty appreciating the tone of evidence given at trial, lead me to think, why on earth aren't trials, particularly where clearly beforehand likely to turn on credit findings, videotaped as well as audio transcribed.

As every Plaintiff lawyer knows, it is extremely difficult to contest on appeal a trial judge's findings if based on credit conclusions.  Quite rightly, it is recognised that a trial judge has a substantial advantage over an appeal court, through seeing and hearing the witness' give evidence, rather than just having a transcript of the words said.  

The question is why should this advantage/disadvantage continue today, with modern technology?  Video recording facilities can now be found on mobile phones and software to track content, mark-up or bookmark such video is widely available at negligible costs.....

Quite apart from appellate review, wouldn't it be a great advantage for a trial judge to be able to go back to key passages of evidence when formulating reasons (or be taken to them by Counsel in the course of closing submissions)?

I for one think this is worth investigating further.  If I can, I will seek the court's permission to video transcribe the next trial we do, in which credit is likely to be important.  Let me know your thoughts..

Tags: , , , ,