Wednesday, July 8, 2020

Dyson Heydon's QC status: AG Mark Speakman's own rules prevent him from considering a report from a person who is not a lawyer or judge; Speakman & Dept Of Justice will not even accept character references witnessed by persons who are not lawyers or judges, so cannot rely on Vivienne Thom's findings against Dyson Heydon

by Ganesh Sahathevan



                                          The First Law Officer is also a politician ,it is clear
                                           the politician prevails

The Attorney General Mark Speakman has made it absolutely clear that only lawyers and judges can witness sworn statements., including Form3A character refeernces.
Despite his unwavering stand on the matter he has now accepted the finding of a person who is neither a judge nor a lawyer against former High Court judge Dyson Heydon. 
As reported by the ABC:


"The allegations against Mr Heydon are appalling," Mr Speakman said.
"I note he has not renewed his practicing certificate and so is forbidden to practice as a lawyer, regardless of the initials after his name.
"That said, I understand community concerns about the issue and have requested the Department of Communities and Justice provide me with advice on this matter.
"I have written to the President of the NSW Bar Association, Mr Tim Game SC, seeking the Bar Council's views as to what action, if any, should be taken in response to allegations concerning Mr Heydon."
Heydon's lawyers Speed&Stacey have said about the findings against him:

''The inquiry was an internal administrative inquiry and was conducted by a public servant and not by a lawyer, judge or a tribunal member. It was conducted without having statutory powers of investigation and of administering affirmations or oaths.''
It does appear as if the First Law Officer has forgotten his own rules

END

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