niall

Application for removal dismissed, still waiting to see if they're publishing their reasoning or if it's been referred elsewhere to Federal or something. Could be heading back to County for a jury trial before they can appeal, might be a procedural technicality or something - hopefully know more soon.

Quick update guys, the High Court will be ruling on this case tomorrow. I'm not sure if this is the final ruling, or just ruling on the application for removal to the High Court, but the decision should be up on their site by COB tomorrow. Fingers crossed!

The Single Convention itself recognises cannabis as having legitimate medical applications and that it should be made available for such purposes: One point of law in this case is that we are in violation of the Treaty, not having made it available for scientific and medical purposes. Once it is available for scientific purposes, it can be studied and its medical value proven once and for all. But there is already a wealth of information on its medical application, the US Government patented it and lightning's submission to the High Court mentions this as well as many other studies and evidence. The law as currently implemented is discriminatory, disproportionate, and not based on science and evidence. In this country we enjoy freedom of religion, as well as freedom FROM religion. This law not being based on sound science and evidence, is therefore based on moral belief rather than the facts, safety and effectiveness of this plant as medicine i.e. this belief is being forced upon us. There's about another dozen or so core arguments as part of the brief, lightning is tackling this from many angles simultaneously and giving the High Court every possible opportunity and reason to declare the law unconstitutional and force Parliament to rewrite it so that it abides by the Single Convention, Human Rights, the Australian Constitution etc. Or think about it this way - to prohibit cannabis there must be sound logic and reasoning to do so. Still no updates. Paperwork has been with the High Court for over 9 weeks now, so it's clear they are taking this seriously and they will rule on removal if not the whole thing when they are ready and not a moment sooner. It could be days, weeks, months - we just don't know.

Snip as the thread has been split, cheers Torsten.

As neoshaman points out, these arguments are really something of another topic or another case, legitimacy of the Australian Government, Treaty of Versailles etc. But jondoe, the paperwork is stamped with the seal of the High Court registry. The current application is for removal to the High Court from County Court Victoria, and this has been with the High Court now for almost 9 weeks. If they were going to throw it back they probably would have done so by now, so we are all assuming that they are reading and considering this carefully. Hopefully they will just issue a decision and it will all be over, or perhaps accept the removal and call in lightning and littlbit for oral arguments etc.

jondoe: interesting questions and implications. I will get lightning to read and respond himself.

Both groups deserve a look, that's all I wanted to say.

...

Quick update - documents were filed with the High Court 8 weeks ago today. Vic OPP requested the case in County Court be pushed back 3 months around 2 weeks ago, which the Judge granted with quite a smile in the direction of the accused :-)

FYI there is another group of us that have split off from OzStoners. We're approaching this from the perspective of cannabis law reform through media awareness and public education, starting with us incorporating as a registered non-profit organisation and we are building an accessible website aimed at the general public that we can then refer to in LTEs, TV and Radio etc. Our plan is to go on the offensive here, actively responding to misinformation and lies in the media with science, evidence and facts. The whole story, without bias, and we will let the public make up their own minds based on the evidence. So I'd encourage everyone to check out both groups, even participate in both, as this cause deserves all the time and energy that you can give it regardless of how or what or where. Cheers, www.CannabisFacts.info/members/

EDIT: Renamed thread title so it's more accurate - sadly we've learnt it's a long way to the High Court

Just got back - the case is now adjourned until September 2009. Legal Aid appear to have given lightning bad advice, or at least advice that the Judge disagrees with, and so the case is adjourned for lightning to get all of his expert witnesses and evidence in order. She (the judge) has flat out refused to hear any Constitutional arguments as County Court doesn't have jurisdiction to hear this defense, which leaves him in a catch 22 as no Doctor will risk de-registration to stand up in Court and support the defense that Legal Aid wanted lightning to run. Lightning wants to defend himself with the WHOLE truth, but it appears the Court is not interested in hearing this. Therefore he is before the wrong court - this much was admitted. I'll let lightning fill in the rest of the details but now the brief has been lodged I believe he's going to post it here for all to read. We've now got 10 months to get expert witnesses on board, or to figure out how to apply directly to the High Court and bypass a long and drawn out appeal process through County and Supreme. lightning can't survive another 10 months on disability pension with the expenses that this case requires, so if anyone is able to donate some money to assist with living expenses (i.e. food) then please PM him for details. If you're in Melbourne and would like to participate in some brainstorming sessions with us as far as legal tactics then please get in contact.

Can't add much more than that really, it was a really interesting afternoon. Jurisdiction and what the Judge can hear in County Court took up most of the afternoon, and for a long while things didn't look good, but then the penny seemed to drop for both the Judge and the Prosecutor as to the possibility of what lightning was suggesting to her. The prosecution did not look very happy a few times today, particularly when the brief was distributed, and the Judge is really making an effort to give lightning room to make his argument and back up some of the details he mentioned today with exact precedence and references. Jury selection should start in the morning as there weren't enough jurors available today. 10:30am at County Court Melbourne if anyone can make it, Court 7.1

Micromegas - account name is now fixed on the site or PM me for it.

Fixed, anyone who doesn't want to register on CannabisFacts.info just PM me and I'll send bank details for your much needed donations! Lightning has signed up for an account so as soon as Torsten enables it he'll post an update here himself.