Thank you Pampar

For your granddaughter, the love of my life.

For your grit and determination, crucial in your escape from the jungle following your plane crash in WWII.

For being a good husband to Mammar, so that you could have a huge family together.

For your stellar career as the brains and technical skill behind a decade of Australian legislation introduced by both political parties- yes, your work on the Trade Practices Act and Family Law Act has, with a few bumps, held up and changed our society in myriad ways.

For being a warm and welcoming grandfather to me in the short space of time I knew you.

Your line continues, your great-granddaughter is nigh.

Rest in peace.

Work Warbles and Pussy Action

I work. I eat, I sleep and I work again.

Adapting is hardest for the cats, because while I may be phenomenally lazy when it comes to matters of domestic duty I have infinite patience for watching the cats play outside, scratching the sweet spot just behind or in front of their ears, throwing balls of paper or swinging Mr Bear (bear on a string, 'nuff said!).

Here's why:

"Luk Mao, itf a biwd I can eatst!"

I know, they aren't the cutest cats ever in the whole world, I just happen to be biased.

I am busy, I neglect my blog, cats, guitar, wife, other important matters. Not in any order of importance, I hasten to add. I'm not having a Leunig moment.

My cases are interesting. But I've gone in at a decent level so the expectation's on to get up to speed. The law in this field is vast and dense; I'm enjoying the intellectual challenge but it's intimidating. I read the work of others and I find errors of law. I set higher and higher bars for myself and find there isn't enough time in the day.

There is never, ever enough time in the day.

Beazley is getting off lightly

This may be the end of his career, and that would be a damn fine lesson in polical cynicism. He's getting off lightly because people are not really shining a light on what it says about the man who wants to lead the nation.

It says he really didn't know anything about the people involved. It says he doesn't watch or know anything about Rove, or Belinda, and is generally out of touch. Not a mortal sin in itself. It also says he's had no interest at all in the tragedy of Rove and Belinda, and her battle over many years with breast cancer. That he skimmed those bits to get to the serious news, considered the story too plebian.

Celebrity culture may be pretty vaccuous, but their struggle is a genuine tragedy and one that's moved most of the country. You don't have to like Rove's show much to know he's gone through hell, to have followed the story of that hell in at least some basic detail, to have put yourself in his shoes, thought 'what if I lost the anchor of my world, the keeper of my heart?'

His eyes, in the funeral photos, are the embodiment of hell on earth. They are filled with the anger we'd all feel with someone close torn away by something so random and unjust.

Beazley clearly wasn't all that moved, preferring to move on to read about his mate Murdoch's latest acquisitions in the business pages or what brilliant things his favourite nation the US of A was doing in a given week.

But, when she died, he still wanted to make a bit of hay. Well, the hay's on fire, Rudd's circling at last, and frankly that was just one misjudgement too many. Not the name error, but what it, in this context, tells the electorate about him.

Most of the media attention just seems to have focused on this as 'another Bomber gaffe'. But it was not just a gaffe, and it's so much more this time. And the public, who care a great deal about the Belinda and Rove tragedy, will see it for what it is.

Rudd, Gillard, your moment may arrive 12 months earlier than you expected...

One solitary judicial conservative

This is one of the most important cases with respect to the relationship between the Commonwealth and the States to come before the Court in all of the years of its existence. If the legislation is to be upheld the consequences for the future integrity of the federation as a federation, and the existence and powers of the States will be far-reaching. The Act in its present form is well beyond, and in contradiction of what was intended and expressed in the Constitution by the founders.

Kirby in full flight? No, these are some of the opening words in the judgement of Callinan J, political and jurisprudential conservative, and on first blush the only Justice of the High Court capable of sticking strongly to his judicial approach when it contravenes his (alleged) political leanings.

The conservatives' Mabo has been handed down.

Kirby is the only jurisprudential radical on the bench. It is his judgement, and his alone, that should have drawn the long bow from the short clear expression of power,

The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to...

(xx) foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth;

so that it confers the ability to regulate industrial and employment law at all levels, despite the fact that the founding hobnobs chose to make only the following clear reference to industrial law,

(xxxv) conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State;

within that fine piece of British legislation.

Instead, and once again I stress that this is at first blush (I have all 200-odd pages in front of me but will not have read it until at least midnight!), Kirby supported the black letter conservative position (judicially speaking) that matched his more radical politics.

And the much-lauded judicial conservatives, with the exception of Callinan J (only HE gets the 'J' today), brought down a decision that is radical in its reasoning, centralising power, supporting the grasping expansion of the Commonwealth over the States, neutering the Federation and performing astonishing acts of hermeneutics on a group of words that clearly contain, by intention, no reference whatsoever to industrial or employment law.

It's early days. I'll read the decision. I'll wait with bated breath for Janet Albrechtson to scribble furiously about the decline of the judiciary and the need for a return to genuine judicial conservatism.

Only one judge has the right to adopt that mantle now.

(More analysis to follow on this topic in coming days...)

To fight another day

Pampar has, against the expectations of all in hospital and most who know him, beaten both death and the suffocating pools of water death placed in his lungs.

Mammar thought she lost him when his plane went down in the war. He pulled through then, he's pulled through again now. I thought he might, he's had his mettle tested many times and isn't likely to go easily.

I wonder if he's hanging out to meet his first great grandchild. It's a long time when you're blind and your organs are trying to pack up and retire on you, but I have my fingers crossed that he'll make the next couple of months and at least hear the news that he's paved the way for 3 subsequent generations. Better yet, we'll fly up there as soon as beloved is able and he can hold her in person.

Two ends of a lifeline arcing towards each other. Separated by the vicissitudes of birth and death.

They hold hands until death passes

Beloved's dear Pampar lies in hospital. His prognosis is not good, though we are talking about a man who was missing presumed dead in the war, who went on to advise Federal Attorneys-General and help shape the laws of this nation. So I'd say he's got a fair reservoir of fight.

But still, it isn't good.

His marriage saw out the majority of last century as well as all of this one. Mammar sits next to him now, in hospital, holding his hand. They still do that, holding hands- beloved and I took a sneak photo of them walking along the footpath in Civic, Canberra, like a pair of teenagers in crush.

Not all beautiful things fade with time.

His first great grandchild is only a couple of months from bringing new life into the world. He may never see her. I hope he knows that she will know all about him.

Mammar is still holding his hand, I wish I could give her a huge hug now and hold on until it all passes, until death moves on, with or without the man she's loved for so many decades.

We're all proud of Pampar, I hope he knows that. I'm proud to have known him as a belated grandson.

Hope hangs on double twist of death

Fearless leader:

Saddam Hussein's death penalty is a sign of democratic hope for Iraq, Prime Minister John Howard says.

Fearless leader:

Prime Minister John Howard has urged Indonesia not to execute Australians...

Some slime. No connection, just exasperation...

Brazil and I

Hundreds of procedures, institutional foibles and idiosynchratic quirks are wizzing around my tiny brain following my launch into the new job. I cannot, of course, discuss detail as always, but I'll say enough that it's pretty interesting so far. I apologise for scant blogging, including visiting others (bloglines has sat dormant for a couple of weeks!). A thought of the day on each of my favourite topics...

Cancellation of The Glass House ranks alongside pulling the Jones book and the Safran episode on tar-coif as low water marks in the ilLiberal era of right wing political correctness and censorship. There is so little to compare to The Glass House that the argument it's being pulled to make way for fresh creativity is transparent bunkum. Labor should indicate an intention to go after individuals who abuse their power so blatantly and hold them accountable- retrospective legislation and a royal commission should do the trick.

Missed the Fisherman, the doco that inspired a defo case I've discussed recently, but it's covered by the Legal Soapboxer.

My daughter is coming along nicely, gave a few kicks as I hummed to her tonight, which I believe was her trying to burrow her way to silence through the back of beloved's womb.

We look at houses. We look at more houses. We look at Preston. Slowly it starts looking prettier- the eye of the beholder is wearied and myopic.

And I jammed with the boys for the first time in months and months. With 2 of the 3 of us close to fatherhood, we may end up becoming the alternative version of the Wiggles so we can justify practicing, but any chance to belt something out would be a welcome diversion from the statute books.

Regards from new starter stasis...

Don't cut and run on the Kurds

Iraq may splinter after all. Something I and others mooted at the time of invasion.

Despite the general anarchy and civil war there, one significant group have been grateful for the fact that Saddam was removed. No significant paramilitary groups have sprung out of them to mount homicidal attacks on passing US soldiers. They are a long suffering people; the Kurds.

If Iraq looks seriously like splintering or regressing into oppression, we may not be able to prevent it. But we could seal off and protect an autonomous Kurdish homeland. We could try and do a deal on behalf of the smaller minorities (if there are any Christians or Jews left) where they can seek refuge in Kurdistan in exchange for our protection and recognition of that nascent state.

We owe it to the Kurds, we should not feed them to the wolves. Message to Turkey- cope.

Don't arrest them

Just hand them over to her father, together with a crown-sealed immunity from the A-G. What would be suitable punishment for this? Death? Crippling with an iron bar?

Why do these animals disgrace us by sharing our DNA?

UPDATE: It's now a rape investigation. Good. Go to hell in a handbasket, you little vomitbags.

UPDATE II- Thoughts on YouTube:

The video in question is allegedly footage of an underage rape. People say companies like YouTube cannot be restrained, they are too big, it is impossible for them to police everything put onto their site. But they are lying.

It is impossible for them to police everything if they refuse to spend money employing people to police it.

There is also the question of whether we need the technology at all. Oh it's fun, hip, insane, get-out-of-the-way progress. Progress that includes film after film taken without the consent of the leading characters. Films at the vanguard of free speech, pushing the boundaries. Y'know, films of schoolgirls punching each other in the face, or of thugs urinating on and sexually assaulting a young girl.

We can block paedophilia can't we? Why not this trash? Leering footage of sexual assaults on underage girls qualifies for censorship in my humble opinion...

Crikey Piers, Revenge is Sweet!

Rub the salt in. Piers Akerman on Crikey:

...almost anyone can call themselves a journalist these days, as evidenced by the nonsense published by people claiming to be journalists on websites such as ... Stephen Mayne's Crikey.

Crikey on Piers Akerman:

...a NSW judge had this to say about Piers Akerman, in the course of awarding a $200,000 defamation payout .... "The inaccuracies of fact by the defendant... are gross... so extreme a misstatement of fact as to vitiate any defence of comment for any imputation based on it."

Yep, anyone can call themselves a journalist these days. Even Piers Akerman.

We on the left are well aware that the likes of Piers rely on bile as a substitute for competence.

Picture of my cats Mao and Minh

Mao is a 2 year old cream burmese, Minh-Minh is his half sister, half persian with the seal points.

What price the Mildura Massacre?

6 dead because, allegedly, he was drunk, speeding and had his 4 year old son on his lap holding the steering wheel.

I'm prepared to hold back on the stream of hateful vitriol that's bubbling away inside me. I am thus because I doubt he will see the mercy of the law. Its quality is likely to be finely strained indeed.

A couple of weeks back, seeking inspiration as I waited on my job offers, I walked into a random hearing in the Victorian Court of Appeal. The case I heard argued before the 3 judges involved an appeal by the prosecutors against a sentence for culpable driving that they said was manifestly inadequate.

That offender was just 18 at the time, with one driving prior. The victims in that case had both voluntarily got into the car with the intoxicated driver, and the girl who died most likely didn't have a seatbelt on. That offender suffered significant injuries himself in the accident.

The alleged offender in Mildura is 35 and the 6 victims in no way chose to share risk with him. He also put his own kids, especially his son, at risk.

Here's what the judges said in the Court of Appeal:

Whereas sentences of less than five years for culpable driving were once not uncommon, today such a sentence is a relative rarity, except perhaps where one is concerned with a first-time offender and the death of the victim has been more the consequence of bad luck than out and out stupidity.

That offender had his sentence increased from 3 years to 6, with a non parole of 3.5.

The Mildura accused may get some relief because he has kids to look after, and if he has no priors that could help as well. But 'out and out stupidity' sounds like a very good description of what we've heard so far, and I'd personally be banking on 7 or 8 years, with at least 4 behind bars, for this sad fool who's ruined so many lives.

Pointless provocation

We've known North Korea had prototype nukes lying around for several years. We, meaning the US in particular, chose to focus elsewhere.

Now we, meaning Australia as well for some utterly inexplicable reason, choose to prod and poke this insane little nation with condemnation and sanctions.

Why is this pointless? Because...

We are just bluffing and they know it;

They could care less about economic sanctions- this is an old style dictatorship happy to starve its citizenry in the process of preserving power;

We would not and pretty much could not mount a conventional war on North Korea, they have one of the most powerful militaries in the world and are incredibly close to South Korea, and not that far away from Japan;

Our only military option would be to strike North Korea right now with several nuclear devices, which won't happen; and

They may be lunatics but, unprovoked, there is no evidence that they would seriously consider rekindling the war with South Korea or attacking anyone else.

The US is calling a non-existant bluff. North Korea hasn't actually demanded much, they want the US to meet with them directly, primarily because it feeds the ego of their delusional leader. So what? If this all ends in tears, and hundreds of thousands of dead people, do the people who fucked up Iraq really think historians will look back and say 'they were right to refuse to meet and talk'?

Argue all you want. I'm right. This is a fast track to nothing gained and everything, EVERYTHING to lose....

What do KFC, Subway, Bendigo Bank, Vines Lawyers have in common?

Sponsorship of the Ocean Grove Football Club, according to the club website. Here, according to The Age, are their brand endorsed dinki di footy players being larrakins:

The men yelled "F... off Jews" and "Go the Nazis," Mr Vorchheimer told a News Limited newspaper. He alleged they then motioned to him and his children as if they were shooting a gun.

In front of his kids.

"I was pulled toward the open window and then punched by a right hand into my left eye by a passenger in the bus," he said. "Meanwhile my kids are on the sidewalk crying and screaming."

Mr Vorchheimer said he had suffered headaches and nausea since the attack, while his children had received counselling.

Real anti-semitism. How many right wing commentators, in particular those who scream 'anti-semitism' at anyone who doesn't support exterminating the Palestinians, will be baying for blood over this one?

Ocean Grove Football Club president Michael Vines confirmed players from his club were at the Caulfield Guineas that day and police were investigating the incident.

"Like any sporting club at our level, we expect our players to behave
responsibly," Mr Vines said.

'Responsibly'? So shouting neo nazi hatred at and punching a man out walking with his kids is 'irresponsible'? Is that much more than praising with faint damning?

Any politician serious about attacking race hatred and anti semitism would demand the club expel every player or member involved in this incident or else be shut down. Ditto for the Geelong Football League. And KFC Ocean Grove, Ocean Grove Cellars, Subway Ocean Grove, Bendigo Bank, B.M. Legal, and Vines Lawyers might want to revisit their sponsorship agreements.

I note Vines do criminal law and personal injury, which the Ocean Grove Football Club could find useful in the coming months.

'Go the Nazis', they shouted. In front of his kids.