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naraburns  nihil supernum  1yr ago (text post)   2943 thread views

Friday Fun Thread for January 20, 2023

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I can't decide whether Roberts-Smith 'liking' a post written by one of his army buddies to provoke the attorney for the opposition was a genius or bad move

I don't know if liking that post was a genius move, but his transparent lie that he had no idea whom the tweet could possibly refer to was the opposite of genius. Jurors aren't morons, and that exchange absolutely made the lawyer's day.

As an aside, so much for the masculinity and integrity of the witness. A real man takes responsibility for his actions, including liking tweets that denigrate opposing counsel.

As an aside, so much for the masculinity and integrity of the witness.

He's Victoria Cross holder, among other things:

Demonstrating extreme devotion to duty and the most conspicuous gallantry in action in the face of a very determined and aggressive enemy and with total disregard for his own safety, Corporal Benjamin Roberts-Smith initiated an assault against an elevated fortification consisting of three enemy machine gun positions and superior numbers of heavily armed insurgents.

With members of his patrol pinned down by the three enemy machine gun positions, he knowingly and willingly exposed his position in order to draw fire away from his team mates and enabled them to apply fire against the enemy. Fighting at ranges as close as 20 metres, he seized the advantage and, demonstrating extreme devotion to duty and the most conspicuous gallantry and with total disregard for his own safety, Corporal Roberts-Smith stormed two enemy machine gun positions killing both machine gun teams.

His selfless actions in circumstances of great peril served to enable his patrol to break into the enemy�s defences and to regain the initiative, thereby resulting in a tactical victory against an enemy more than three times the size of the ground force.

http://www.victoriacross.org.uk/bbrsmith.htm

This is arguably harder to achieve than a Medal of Honor -- certainly there are fewer living holders, you can count them on one hand IIRC. (Although this is perhaps related to the Commonwealth being much less fighty than the US post-WWII)

Say what you will about his judgement, I don't think his masculinity is in question.

Well, none of this relates to the reasons that I questioned his masculinity. God knows Jordan Peterson would have a thing or two to say to him on the topic.

Jurors aren't morons, and that exchange absolutely made the lawyer's day.

...doesn't that depend on how carefully they selected the jury? Lawyers or journalists aren't exactly very admired classes..

The point is not that the jury won't like what he said about the lawyer. The point is that he is sitting on the stand, obviously lying. It is the lying that the jury won't like.

He didn't say it. He liked a post. I can't quite put myself in the head of an Anglo juror, but the lawyer comes off as extremely petty by even bringing it up.

Yes, my mistake, he liked it. Nevertheless he is clearly lying, which was stupid. The lawyer might look bad for bringing it up, but once the lawyer did so, he had several options, and chose the absolute worse.

Frankly his best option in that exact moment on the stand would've been to concede the point and say something along the lines of "sure, I can see now how you can relate this to yourself", and deliver it with that characteristic Aussie dryness. It would've scored him some points with those in his inner circle and would've served as a less obviously thin response. It may have led to further examination along that dimension but unless Australian law deviates further from English common-law than my impression of it, it shouldn't be something the prosecutor can really dive deep on.

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