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o wow, this really happened in an Australian courtroom this week!


asal
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Well Ill be darned.  It's not just the dog worlds gone mad after all.  The names have been seriously shortened because almost all the comments to it and the poster on faceplant are all solicitors or court personnel, the Magistrate is real and yep its now on the public record.  

 

 

 

M

This made me want to cry a little for everyone involved …
Magistrate Clisdell (as quoted in Director of Public Prosecutions v Tiller [2023] NSWSC 187) really just lost it.
HIS HONOUR: Gee I wish I could go back and sue all my teachers from primary school. This is a classic case of the insanity that has overtaken society in the 21st century, it started in the 1980's when we advised students that they had rights, and we took away the control and power of, firstly parents then teachers, then the police, and even the courts.
So, what do I get in court on a regular basis, I get people from a generation who never experienced discipline at school and never had [a] report saying they'd failed, who never came last in a race, come in here and there studious t-shirt and thongs, and say, ‘What ya want mate?’. Is that how we want our society..(not transcribable)..police are treated with absolute contempt every day of the week every time they're on duty, they're called. ‘White effing C's, they're called black effing C's, they're called everything under the sun. Who would be a schoolteacher, my daughter lasted [a] year as a schoolteacher and gave it away, had a nervous breakdown, who would be a schoolteacher today?
[The first respondent] lost her job. It seems we had a fantastic primary school teacher, dedicated, organised, well meaning, and she's sacked. One of my former school mates who I'm still mates with from boarding school nearly 50 years later, was a schoolteacher in primary school, a male, one of those extinct species in primary schools, who was the only male teacher in the school, so whenever there was a discipline problem, he was called in to sort out the class. One day a kid racing across the asphalt slips and falls, he runs over picks up the kid's - comforts it, and has a complaint made that he was sexually assaulting the kid. It never went anywhere but he quit. This is what is happening with our world today. Now let's go to the, let's start with [Ms L]. I have never heard anything as stupid and unbelievable as a teacher ringing a [parent] and saying, ‘I'm picking on your kid’, that did not happen, I don't accept it for a moment. What I do accept that was probably said, was that either, ‘I don't want you to be concerned that I'm picking’, or ‘I'm concerned that I might be seen as picking on him because I'm always having to call him out’.
We all know the kid that wants attention in the classroom and the fact that he didn't play up in kindergarten in first class, just means that he got a little bit older and a little bit more bold when he got into second class. I never got into trouble in kindergarten and first class, did get into trouble in second class.
The insanity of allowing lunatics to run an asylum has become endemic in our society and the courts cop criticism all the time because we don't stand up for what people see as proper values. One of the problems we've got is 3,000,000 pieces of legislation that control every breathing moment of our lives and whether you walk down the street in the wrong direction, or that you don't use your indicator in your car as you leave a roundabout, whether you cough inappropriately, whether you pick your nose in public, the whole world has gone completely and totally insane and it frustrates the hell out of me that I sit here and I have people as I did today, that I could not give bail to because there are not facilities to look after someone who's schizophrenic and is a kleptomaniac, that is he just goes and helps himself to other people's property. Not because he wants to do it, but he's compelled to do it and the only way I can protect - eventually members of the public, and commercial enterprises, is by refusing him bail.
So, I've locked up a person today who is mentally unwell, now I'm asked to convict a teacher of assaulting an eight-year-old juvenile delinquent, which is the way he was behaving, and his mother gives me no thought that she was anything other..(not transcribable)..to him as well. His interview was impressive for the fact that he gave every buzz word available, scared, terrified. I can remember going into classrooms where I wasn't very happy about facing the teacher involved, where it made me keep my head down. You needed to keep your head down cause one of those teachers used to chuck the blackboard duster at you, and I'm glad from that sort of teacher's behaviour but to equate what [the first respondent] did in this situation, with it being an assault is a big ask.
Technically laying hands on someone is an assault. What do we have here we have a child who has behavioural problems in the classroom, a child who was a constant nuisance and we know he's a constant nuisance cause even his school friends were saying, ‘Ooh, you got rid of [the first respondent]’, they weren't very happy with him either? He is being an idiot, but potentially a dangerous idiot because the kids are down on their hands and knees picking up block[s] and things from the floor of the classroom and he's standing with a pile of blocks in his hand, at his groin, 15 centimetres away from the face of another student on the ground.
Let's assume for a minute that [the first respondent] played the Sergeant Schultz, what if that child on the ground had lost an eye who would have been responsible, guess what, it would have been [the first respondent]. She'd have been the one responsible for what happened because she didn't properly control her classroom. Just last week we have the newspapers reporting that there is thousands - not hundreds, thousands of teachers leaving the New South Wales teaching profession because of violence in the classroom and we're only talking here about primary school, we're not talking about the knives and guns that come in the class in secondary school, we're talking about eight-, nine- and ten-year old's assaulting teachers who are not allowed to do anything in response.
Now, either we wake up as a society and start putting the adults back in charge, rather than the juveniles or our society will go the way of the roman empire, it will collapse. If you haven't read Edward Gibbons ‘Rise and Fall of the Roman Empire’, then I recommend that you try to find a copy in a library somewhere. It's been out of print for about 80 years, but it details - when I was a history student, which is why I'm saying this - … but it details why the roman empire collapsed. And guess what, western society is following it chapter and verse 2000 years later, 1600 probably, but close enough.
So, I don't accept that [the first respondent] rang [Ms L] and said, ‘I'm picking on your son’, and I don't accept that she had any other alternative other than to instinctively act to protect a child in the circumstances in which she did, and I accept that a slap to the shoulder is hardly what one would call inappropriate and unreasonable force. If she'd slapped him on the head she would have been in big trouble, but she didn't. If she'd grabbed him by the wrist or something and pulled him that would have been acceptable as well, she honestly said, ‘I acted instinctively’, she self-reported and the end result is that the education department has removed her from her role as a teacher.
Shame on the education department because they are setting a ‘bar’ which is impossible to meet and if they end up with no teachers it'll be their own fault. THE MATTER IS DISMISSED, NOT GUILTY. THE AVO IS DISMISSED.”
10 comments

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    Rob
    This rant from a judicial officer ?
    Sounds like he got to the right result, but where is the legal reasoning?
     
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    • 20 h
     
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    Dar 
    Some rant
     
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    Dar
    Parents HAVE TO parent!! Not rocket science
     
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    Jay 
    I do like HH.
     
     
     
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    M
    A rather good magistrate
     
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      Dar
      M agreed
       
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      • 19 h
     
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    Le
    If this is now on public record, is it OK if I copy and paste it? My teacher friends would like to read this magistrate's words..
     
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    • 19 h
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      M
      Le, yes. Public record
       
       
       
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    Jil
    Sounds like a good bloke.
     
     
     
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    • 18 h
     
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    Wa
    Sharing
     
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Edited by asal
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soooo are we going to all sit on our hands and not shere the hell out of the link our very own ANKC has asked every member by email? 

 

we are getting in so deep a governement contol of every aspect of our dogs we are at risk of losing being able to have one.

 

 

https://app4.vision6.com.au/em/message/email/view.php?id=1389800&a=77143&k=V0urX55QsPQEqVDGVhFzkdJecx57WRzFQQgRfH8ygu8

 

 

 

2826849.jpg

 

 

 

Edited by asal
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