Bletch
Premium Platinum
- Dec 8, 2020
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- AFL Club
- Carlton
You need to watch 12 angry men too...
- This isn't a court of law, and Clarkson & Fagan have not been charged with a crime.
- The Presumption of Innocence is a legal principle in the courts of criminal law. It does not apply here.
- There are other legal avenues open to the pair if they feel their reputation has been unfairly maligned (libel/slander).
- The AFL and the clubs involved have a reputation to maintain, and a responsibility to ensure a safe work environment.
- It is proper for an investigation to be conducted into the claims. It's worth noting the burden of proof will not be the same as in a criminal law case.
- In the meantime, the AFL/clubs have to weigh the responsibilities they have to players, and the seriousness of these claims, against the due process of the investigation, and the rights of the accused to continue in their employment.
- None of this prevents comments/discussion and the merits or otherwise of the accusations here or in the general community (libel/slander aside).
- And before you ask, yes, I've seen 12 Angry Men - I've even been in a stage production of it. But bear in mind, if that case was reality, it would have resulted in a mistrial (for the same reasons as the prominent case in yesterday's news). Also, it primarily concerns "reasonable doubt" - again a principle of criminal law that does not apply to either a civil case, or an AFL investigation.
- I'm not a lawyer.