In an unprecedented move Justice Rares has slipped out the back door after handing down his judgement in the James Ashby v Peter Slipper matter and will not hear Peter Slipper’s costs claim against Ashby and his lawyer Michael Harmer. While this might seem minor sometimes it is the small things that can tell a story or in this case add to the story.
Justice Rares has been quoted as saying “he felt it would be more appropriate if another judge heard the argument over costs”. But that is it. The report does not expand on it. So why does he feel it is “more appropriate” for another judge to hear it. To me it is almost an admission that his original judgement was dodgy. (Click here to read the article)
Justice Rares has clearly gone into protection mode to limit the damage that was done to his own reputation when he handed down his judgement in December last year. This site has played the main part in outing Rares for being corrupt and obviously he does not like it and I am sure the court and other judges did not like it either. When he handed down his judgement last year the posts that I have done on Rares was picked up on social media and other sites and traffic to this site skyrocketed. Judges are not mushrooms. Rares is well aware of this site and what I have written about him.
For obvious reasons it is always the judge who has heard the matter who also determines the costs. The obvious reason is that the hearing judge is the one who is fully briefed on the matter and does not have to start from scratch studying the case although it must be noted a cost claim is decided on a narrower set of facts then the original hearing which is meant to deal with all the facts.
It is starting to get a bit complex but I will give a quick overview of where we are at.
Peter Slipper is a federal MP and was speaker of the house. A staff member of James Ashby instituted court proceedings against Mr Slipper and the government for sexual harassment. The government settled for $50,000. Justice Rares in October 2012 threw out Mr Ashby’s case for being an abuse of process.
Peter Slipper filed a costs claim against James Ashby and also his lawyer Michael Harmer. At a directions hearing on the 21/12/12 Justice Rares stood down from hearing the costs claim and transferred it to Justice Jacobson.
Mr Ashby filed an appeal which is still to be heard. His lawyer, Michael Harmer, has also filed an appeal because Justice Rares made adverse findings against him in his judgement.
Mr Ashby has also filed a fresh sexual harassment claim with Fair Work Australia even though Justice Rares dismissed his case.
Peter Slippers cost claim has been stayed until the federal court appeal and the new FWA claim seems to have been put on hold until the appeal as well.
It is being reported that the appeal has been set down for hearing in May although from what I can tell on the courts site this is incorrect and it is only a directions hearing in May.
In the interim Peter Slipper has been charged with criminal offences for abusing tax payer funded expanses. his throws a major spanner in the works as it is predicted he will resign soon to try to protect his federally funded superannuation.
This sites reporting on Rares
Whether or not Justice Rares handed down a corrupt judgement in the Slipper / Ashby matter is open for debate as it is a circumstantial case. Based on all the evidence I say it was a corrupt judgement and others will disagree. But what is not debatable is that Justice Rares is corrupt. He in effect legalised fabricating evidence in the Federal Magistrates court on the basis they cannot do anything because they cannot deal with criminal matters. On that basis you can also commit perjury in the FMC without fear as that is also a criminal offence. I outlined this in a previous post to a certain degree.
Previous posts on Justice Steven Rares
October 2011 - My first post where Rares work gets mention was titled “How the Australian Federal Police and Federal Courts collude to sweep criminal conduct of judges under the carpet. Part one.”
March 2012 – I followed up with a post titled “Justice Rares legalises Optus’s copyright theft and Fairfax Media’s criminal conduct.”
April 2012 – James Ashby institutes proceedings against Peter Slipper and the government. I wrote a post titled “Peter Slipper strikes it lucky and lands corrupt federal court judge Steven Rares to hear his sexual harassment case.”
October 2012 – After continued political statements I wrote a post titled “AG Nicola Roxon gives instructions to her subordinate Justice Steven Rares in the Peter Slipper / James Ashby case”
December 12th 2012 – Justice Rares hands down his judgement. I wrote a post titled “Justice Rares hands down judgement countersigned by AG Nicola Roxon in the Peter Slipper James Ashby matter”
If Ashby’s appeal is upheld it would be sent back to the original judge which is Rares. If the appeal is dismissed the costs claim would be heard (barring being stayed pending an appeal to the High Court) which would have been Rares if he had not stepped down.
I think the appeal will be upheld but sent back to another judge and Rares by stepping down from hearing the costs claim has made it a bit easier to justify handing the matter to another judge.
There is no other valid reason for Rares to step down and I think this is important so that people do not underestimate the power they have by using the likes of Twitter, Facebook and email etc. Do an internet search of terms like “Justice Rares” of “Steven Rares” and the posts that I have done on him come up at the top or near the top.
Rares in under full frontal attack and there is nothing he can do except to back pedal and try to get out of the media spotlight. Every time he is mentioned in the media plenty of traffic comes to this site and people find out what he is really like. The reason he cannot do anything is because the evidence against him is rock solid and even he does not refute it as shown in a previous post. So why should anyone else refute it. (Click here to read the post)
One of the strategies used in the courts is to drag proceedings out as long as possible to wear the other party down both cost wise and time wise. It happens all the time. It is also one of the strategies of this site. Keep the pressure up long-term and wear people down then change will eventually happen. I have been on Rares’s case for a long time now and he did not jump ship for no reason. While there might have been other reasons I have no doubt this site’s reporting was a major reason.
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