Mundine v Medley avatar court case

Email from ASH's defence attorney

It is inconsistent within the courts of Australia that a defendant is not given the opportunity to review the prosecutors brief of evidence so the defendant can adequately prepare a defence against these said accusations

It is also the prosecutors responsibility to supply the defendant with the brief of evidence within a timely manner before the court date

It is also inconsistent that the court not have a hearing or mention date to establish if in fact the defendant has a case to defend as the charges were alleged by a non governing body without any authority.

Both prosecution and defendant have the right to select jury members.

The judge must be independent and not selected by the prosecutor....nor must the judge comment in public on how guilty the defendant is before the trial

I move to adjourn the proposed court date due to the above matters and ask that my defendant and his legal team have 2 weeks to review the brief of evidence....and that a new judge be appointed

Regards

 

Further to the above....under is from poster donkyking

"In my position as amicus curiae (friend of the court) in the case ESB v Ashley, I submit that the case against Ashley be dropped for lack of evidence.

As per the avatar bet contract the poster, Phil Austin, is required to be the witness for the official weigh in, who would then annouce the weights which would determine the outcome of the avatar bet. I quote:

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Phil Austin is no longer with us in this forum and will be unable to provide such evidence. Since no evidence can be provided to the court, the case against Ashely must be dismissed.

Furthermore, even if Phil Austin should make a miraculous comeback onto ESB, I submit that since Phil Austin will not be at the weigh in, he will not be a witness to the scale readings and thus will not have first hand evidence of the official weights. Any figures he provides will be based on hearsay. Hearsay evidence is inadmissible in a court of law.

Therefore I submit that the case against Ashley be dropped for lack of evidence. Any further proceedings in this matter is an abuse of the process. It would be very unfair to subject Ashley to a court case where there is no hope of conviction."

 

It is clear that in the first page of the bet thread one of the conditions was that Phil is the judge.

The avatar agreement, bet, deal or contract is based on its content...it is impossible to base your allegations on part of the contract yet ignore another.

Under is the evidence of the first thread post

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:yep

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It is crystal clear that the agreement, bet , deal or contract was dependant upon Phil Austin being the judge.....or to put it in layman's terms tell us if Mundine made weight.

Their is no case to answer....the IBO withdrew sanction for the fight...a new fight was made....Phil is no longer the judge....case closed :deal

 

Open letter to ESB Court

From Ash's defence attorney

I seek an adjournment on the basis that my client has only 1 weeks notice of the impending court date and that in fact he will be on a aeroplane from Sydney back to the gold coast at the time of the court proceeding.

If it pleases the court I will be able to produce said air tickets as proof of my clients movements.

Regards,

 

Just try and stop me :bolt