Category: Opinion
  • Chris Nyst, Criminal Law, International, Opinion

Would You Believe…

Criminal defence lawyers often deal with desperate people - desperate to clear their name, desperate to establish their innocence, sometimes just desperate to avoid their guilt. And desperate people take desperate measures.
  • Chris Nyst, International, Opinion, Politics

From Little Things

Last week ‘New York’s Finest’ were reaching for their Smartphones, posting happy snaps of panhandlers begging on Broadway and vagrants urinating in the streets. What the…?!
  • Chris Nyst, Criminal Law, Opinion

CSI Washington DC

So you think that all CSI stuff is pretty impressive, huh? Think again. On February 24, 1981, a young woman was raped in her Washington DC home by an armed intruder. She saw the perpetrator only fleetingly as he climbed in through her window, before tying her up and blindfolding her, so she could give only limited details of his description. But five weeks later, when 18-year old African American man Kirk Odom was being questioned on an unrelated matter, a policeman thought he fitted the limited description. So police showed a photograph of Odom to the victim, who tentatively identified him as the culprit.
  • Chris Nyst, Hollywood, Litigation, Opinion, Politics

The Bloody Insult

Not everything's about money. One of my favourite Australian films of all time is Ken Hannan’s classic 1975 drama Sunday Too Far Away. It tells the tale of knock-about shearers working the sheds on an outback sheep station in 1955 Australia. Their tough existence is summed up in the title, paraphrasing what’s known as The Shearers Wife’s Lament – “Friday night too tired, Saturday night too drunk, Sunday too far away.” Jack Thompson plays Foley, a hard-drinking gun shearer who leads his workmates in a strike over their substandard working conditions. When their employer brings in non-union labour in a bid to break the strike, Foley and his mates dig in. It’s a great line, and a great way to end the film.
  • Chris Nyst, Criminal Law, Human Rights, Opinion

A Very Big Call

I was surprised to read this week former Immigration Minister Philip Ruddock's comment that it is unlikely proposed anti-terror laws would see an Australian deported before their appeal is heard. Some years back a client of mine was deported to the UK by ministerial direction pursuant to section 501 of the Immigration Act. He had come to Australia with his family as a child, and was in his 20s when he was convicted of a criminal offence.
  • Chris Nyst, Opinion, Politics

Ruffled Eagle Feathers

A clash of Queensland judicial personalities flared earlier this week, with the Courier Mail newspaper reporting on Wednesday a serious difference of opinion between retired District Court Chief Judge Patsy Wolfe and current President of the Court of Appeal Margaret McMurdo. When Judge Wolfe retired in September last year, Justice McMurdo gave a speech at an Australian Association of Women Judges luncheon, held in Judge Wolfe’s honour, in which she lamented what she perceived to be the deepening state of gender inequality on the Queensland bench. The following day Judge Wolfe reportedly wrote a private letter to the Newman government, distancing herself from Justice McMurdo's comments, and claiming no one at the luncheon agreed with her remarks.
  • Chris Nyst, Criminal Law, International, Opinion, Politics

A Crisis Of Credibility

Sadly, there is a growing sense of inevitability surrounding impending execution of Bali Nine members Andrew Chan and Myuran Sukumaran. The political rhetoric continues, but most Australians sense the Indonesians just aren't listening.
  • Chris Nyst, International, Opinion

Vive l’humanité

As distressing as last week’s terrorist attacks in Paris proved to be, they were not the first, and certainly not the worst, acts of terrorism the French people have endured in living memory. During the German occupation of France in the early 1940s, Christian soldiers scoured the streets and homes of France arresting, gaoling, and murdering thousands of Jewish citizens. In that terrible time, the French people demonstrated their capacity to endure and overcome racism, terrorism, and inhumanity.
  • Chris Nyst, Criminal Law, Opinion

Showtime

Talk about art imitating life imitating art imitating life. In the 2002 American action-comedy movie Showtime two odd-couple cops are ordered by the LA Police Department to pair up for a reality television police show. Hard-nosed veteran detective Mitch Preston (played in delightfully irascible fashion by the great Robert De Niro) is a distinctly unenthusiastic participant, but his new partner, brash and charismatic rookie Trey Sellars (Eddie Murphy), laps up the glamour and attention of his 15 minutes of fame, revelling in his new-found celluloid celebrity. Throughout the film the grisly Preston, who just wants to get his serious police work done, bemoans his flashy partner’s corner-cutting and grandstanding for the cameras, ignoring the all-important grunt work in favour of sexy TV stunts.
  • Brendan Nyst, Criminal Law, Human Rights, International, Opinion

Open Justice – Racial Inequality, Video Evidence And Probable Cause

Questions about racial inequality continue to simmer in the United States following last week's decision of a Staten Island Grand Jury not to indict Officer Daniel Pantaleo to stand trial for the killing of Eric Garner earlier this year. It's a decision which has even some of the country’s most staunchly conservative commentators, such as Fox News traditionalist Bill O’Reilly, scratching their heads in disbelief. Protesters in New York have taken up from where the citizens of Ferguson left off. But unlike the unsavoury shooting of Michael Brown in Missouri, which was shrouded in conflicting versions of events, the video evidence of Garner's death was there for all to see. The deceased's non-threatening behaviour was visible, his cries for help audible, and the excess use of force by the Officers, irrefutable. Upon examining the deceased's body, the coroner labelled Eric Garner's death a homicide, having regard to the fact that he died as a result of a violent attack.  The video clearly shows the officer applying a rear chokehold, a manoeuvre banned by the NYPD in 1993. The evidence was damning.  Or so we thought. On 3 December 2014, a Staten Island Grand Jury declined to indict the officer.
  • Chris Nyst, Criminal Law, Opinion, Technology

The Underbelly Issue

A couple of years back, at the International Criminal Law Congress, I delivered a paper on the effect of pre-trial publicity on jury trials. Victorian Supreme Court Justice Betty King, who presided over the trial of Melbourne underworld figure Carl Williams and others charged in the wake of the Melbourne gangland war, was on the same panel of speakers. Justice King famously banned the high-rating Underbelly television series from being aired in the state of Victoria during Williams’ trial because of the prejudicial effect it might have on the deliberations the jury. Naturally, the ban caused quite a stir and upset a lot of people, not least of all the producers at Channel 9. But in the end it probably had significantly less effect than Justice King had hoped it would. Despite the television ban, the first episode of Underbelly was available online, everywhere throughout the world wide web, within 20 minutes of it being aired on television in states outside Victoria.
  • Chris Nyst, International, Opinion, Politics

Lest We Forget

Today marks the 96th anniversary of the end of  World War I. In four short years that conflict resulted in an estimated 40 million casualties, including over 200,000 young Australian soldiers killed or wounded in action. In the Battle of the Somme, the first day’s hostilities alone saw over 57,000 British casualties, and the overall body count eventually rose to over a million soldiers killed or wounded.  A little over a year earlier another 340,000 men had fallen on the Gallipoli peninsula. It was hailed as the “war to end all wars.” Unfortunately, things didn't quite turn out that way.