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  • The delay could well be due to one side trying to settle the case.

    Chances are it will be settled out of court with the usual confidentialy clause. Then the rumor mill can get into full swing.
    I'm not a number, I'm a free man.
    Who is number 1?

    Comment


    • Originally posted by The Prisoner View Post
      The delay could well be due to one side trying to settle the case.
      Military courts don't prosecute civil cases.... therefore cases aren't settled!

      Comment


      • Before we start talking about settlements - lets talk about the Military Judge?
        Things fall apart; the centre cannot hold;
        Mere anarchy is loosed upon the world,
        The blood-dimmed tide is loosed, and everywhere***
        The ceremony of innocence is drowned;
        The best lack all conviction, while the worst
        Are full of passionate intensity.

        Comment


        • Originally posted by hedgehog View Post
          Before we start talking about settlements - lets talk about the Military Judge?
          Story is that position now open to persons other than Df officers as pool of potentila applicants within Df is too small,ie there are only 2 persons with requisite quals and a wider pool is required.Any non DF appointees will be appointed to rank (col).
          Ct Ct judge may act as mil judge if the reg mil judge is ill etc or is conflicted.
          Seemingly somebody was appointed to post of mil judge but there was an intervention and doubts arose over quals and hence new law to widen pool.
          Should any non DFs be appointed most likely to come from office of DPP or CSS,this will tick a few boxes.

          Comment


          • Originally posted by DeV View Post
            Military courts don't prosecute civil cases.... therefore cases aren't settled!
            The case is currently listed in the CM Appeal Court. If the punishment is overturned or the HC finds some incorrect procedure was used or strikes down the case in anyway the D of D will have to take out the cheque book. The Comdt lost his carear and good name. What price is put on that by the civi courts? The CMAC is a civi court in that it has civi judges albeit HC judges. That is why they are trying to settle. The alternative is to risk an adverse finding that puts a spanner in the system.
            I'm not a number, I'm a free man.
            Who is number 1?

            Comment


            • Originally posted by The Prisoner View Post
              The case is currently listed in the CM Appeal Court. If the punishment is overturned or the HC finds some incorrect procedure was used or strikes down the case in anyway the D of D will have to take out the cheque book. The Comdt lost his carear and good name. What price is put on that by the civi courts? The CMAC is a civi court in that it has civi judges albeit HC judges. That is why they are trying to settle. The alternative is to risk an adverse finding that puts a spanner in the system.
              Please await the outcome first before anticipating matters.

              Comment


              • Originally posted by The Prisoner View Post
                The case is currently listed in the CM Appeal Court. If the punishment is overturned or the HC finds some incorrect procedure was used or strikes down the case in anyway the D of D will have to take out the cheque book. The Comdt lost his carear and good name. What price is put on that by the civi courts? The CMAC is a civi court in that it has civi judges albeit HC judges. That is why they are trying to settle. The alternative is to risk an adverse finding that puts a spanner in the system.
                There is a difference between a civi and a Civil court. If the defendent was to win an appeal they would have to go to the High Court suing the Minister.

                To settle in a CM would be like a plea bargain.

                Comment


                • Originally posted by DeV View Post
                  There is a difference between a civi and a Civil court. If the defendent was to win an appeal they would have to go to the High Court suing the Minister.

                  To settle in a CM would be like a plea bargain.
                  Can you explain the difference between a civi court and Civil Court? I may not have expressed myself clearly enough but for the sake of the argument I am saying they are the same. It is my understanding that the CMAC is the HC exercising military jurisdiction and the judges are HC judges and are not members of the PDF.

                  They are not trying to settle the CM. The CM has aready given its verdict and punishment, case closed. The Comdt is appealing the verdict and the punishment. The issue for the DoD/MA is do they defend the CM verdict and punishment at the CMAC or do they settle the appeal "on the steps".

                  The DoD/MA have to decide is the verdict and punishment fireproof or is the CMAC going to go against them on some issue or other. And, if the CMAC goes against the DoD/MA on some issue or other, and its just an if, what are the consequences for this case and for future CsM.

                  The stakes are high for both sides.
                  I'm not a number, I'm a free man.
                  Who is number 1?

                  Comment


                  • Originally posted by The Prisoner View Post
                    Can you explain the difference between a civi court and Civil Court? I may not have expressed myself clearly enough but for the sake of the argument I am saying they are the same. It is my understanding that the CMAC is the HC exercising military jurisdiction and the judges are HC judges and are not members of the PDF.

                    They are not trying to settle the CM. The CM has aready given its verdict and punishment, case closed. The Comdt is appealing the verdict and the punishment. The issue for the DoD/MA is do they defend the CM verdict and punishment at the CMAC or do they settle the appeal "on the steps".

                    The DoD/MA have to decide is the verdict and punishment fireproof or is the CMAC going to go against them on some issue or other. And, if the CMAC goes against the DoD/MA on some issue or other, and its just an if, what are the consequences for this case and for future CsM.

                    The stakes are high for both sides.
                    Prisoner, are you trying to win the competition for the most acronyms in one posting ???
                    "Well, stone me! We've had cocaine, bribery and Arsenal scoring two goals at home. But just when you thought there were truly no surprises left in football, Vinnie Jones turns out to be an international player!" (Jimmy Greaves)!"

                    Comment


                    • Originally posted by Truck Driver View Post
                      Prisoner, are you trying to win the competition for the most acronyms in one posting ???
                      Now, there's a thought
                      I'm not a number, I'm a free man.
                      Who is number 1?

                      Comment


                      • Originally posted by The Prisoner View Post
                        They are not trying to settle the CM. The CM has aready given its verdict and punishment, case closed. The Comdt is appealing the verdict and the punishment. The issue for the DoD/MA is do they defend the CM verdict and punishment at the CMAC or do they settle the appeal "on the steps".
                        Is that possible?

                        When a court makes an order can the two sides choose to ignore that order and make their own arrangements or do they not need to go to another court?

                        Comment


                        • Civil court usually refers to the place where people sue others, ie, non criminal or family law court.

                          Civi court is anything not military.


                          Catch-22 says they have a right to do anything we can't stop them from doing.

                          Comment


                          • Originally posted by Saab View Post
                            Is that possible?

                            When a court makes an order can the two sides choose to ignore that order and make their own arrangements or do they not need to go to another court?
                            No - settlements will usually occur before both parties to the disagreement go into the court

                            At that point, the legal representatives will then inform the judge that an agreement has been reached
                            "Well, stone me! We've had cocaine, bribery and Arsenal scoring two goals at home. But just when you thought there were truly no surprises left in football, Vinnie Jones turns out to be an international player!" (Jimmy Greaves)!"

                            Comment


                            • Originally posted by Saab View Post
                              Is that possible?

                              When a court makes an order can the two sides choose to ignore that order and make their own arrangements or do they not need to go to another court?
                              I would say in a civil case, yes and in a criminal case, no. But this is neither. That's one of the reasons why the stakes are high. For the Comdt there is the loss of career, good name, etc and the legal bills. For the Dod/MA, if the CM got something wrong, then what are the consequences for the CM system, will compensation arise, apology be issued?
                              I'm not a number, I'm a free man.
                              Who is number 1?

                              Comment


                              • Originally posted by The Prisoner View Post
                                I would say in a civil case, yes and in a criminal case, no. But this is neither. That's one of the reasons why the stakes are high. For the Comdt there is the loss of career, good name, etc and the legal bills. For the Dod/MA, if the CM got something wrong, then what are the consequences for the CM system, will compensation arise, apology be issued?
                                All very valid points...
                                "Well, stone me! We've had cocaine, bribery and Arsenal scoring two goals at home. But just when you thought there were truly no surprises left in football, Vinnie Jones turns out to be an international player!" (Jimmy Greaves)!"

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