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	<title>
	Comments on: Oh, pull the other one, for God&#039;s sake!	</title>
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	<link>https://daphnecaruanagalizia.com/2009/11/oh-pull-the-other-one-for-gods-sake/</link>
	<description>Daphne Caruana Galizia is a journalist working in Malta.</description>
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		<title>
		By: Twanny		</title>
		<link>https://daphnecaruanagalizia.com/2009/11/oh-pull-the-other-one-for-gods-sake/#comment-34873</link>

		<dc:creator><![CDATA[Twanny]]></dc:creator>
		<pubDate>Thu, 19 Nov 2009 20:19:23 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=4099#comment-34873</guid>

					<description><![CDATA[Noel Arrigo deserves every word you said, but I think you should lay off the defence counsel.  He is only trying to do the best job he can with the poor material at his disposal.

That&#039;s the way the system works.]]></description>
			<content:encoded><![CDATA[<p>Noel Arrigo deserves every word you said, but I think you should lay off the defence counsel.  He is only trying to do the best job he can with the poor material at his disposal.</p>
<p>That&#8217;s the way the system works.</p>
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		<title>
		By: Matthew		</title>
		<link>https://daphnecaruanagalizia.com/2009/11/oh-pull-the-other-one-for-gods-sake/#comment-34872</link>

		<dc:creator><![CDATA[Matthew]]></dc:creator>
		<pubDate>Thu, 19 Nov 2009 18:22:52 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2009/11/oh-pull-the-other-one-for-gods-sake/#comment-34869&quot;&gt;Ian Castillo&lt;/a&gt;.

Ian, David Mills was found guilty of taking a bribe even though there was no evidence of a promise made before he perjured himself in a trial against Berlusconi. Mills received the £350,000 reward about a year &#039;after the event&#039;, as lawyers like to say.

&lt;strong&gt;[Daphne - http://www.guardian.co.uk/politics/2009/feb/17/david-mills-silvio-berlusconi-trial]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2009/11/oh-pull-the-other-one-for-gods-sake/#comment-34869">Ian Castillo</a>.</p>
<p>Ian, David Mills was found guilty of taking a bribe even though there was no evidence of a promise made before he perjured himself in a trial against Berlusconi. Mills received the £350,000 reward about a year &#8216;after the event&#8217;, as lawyers like to say.</p>
<p><strong>[Daphne &#8211; <a href="http://www.guardian.co.uk/politics/2009/feb/17/david-mills-silvio-berlusconi-trial%5D" rel="nofollow ugc">http://www.guardian.co.uk/politics/2009/feb/17/david-mills-silvio-berlusconi-trial%5D</a></strong></p>
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		<title>
		By: Matthew		</title>
		<link>https://daphnecaruanagalizia.com/2009/11/oh-pull-the-other-one-for-gods-sake/#comment-34871</link>

		<dc:creator><![CDATA[Matthew]]></dc:creator>
		<pubDate>Thu, 19 Nov 2009 18:08:26 +0000</pubDate>
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					<description><![CDATA[David Mills received his gift AFTER perjuring himself on Berlusconi&#039;s behalf.]]></description>
			<content:encoded><![CDATA[<p>David Mills received his gift AFTER perjuring himself on Berlusconi&#8217;s behalf.</p>
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		<title>
		By: Ian Castillo		</title>
		<link>https://daphnecaruanagalizia.com/2009/11/oh-pull-the-other-one-for-gods-sake/#comment-34870</link>

		<dc:creator><![CDATA[Ian Castillo]]></dc:creator>
		<pubDate>Thu, 19 Nov 2009 18:04:20 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=4099#comment-34870</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2009/11/oh-pull-the-other-one-for-gods-sake/#comment-34869&quot;&gt;Ian Castillo&lt;/a&gt;.

Your reasoning is correct, and the fact that he accepted the thank-you makes it patently obvious that there was the promise beforehand.

My point is that the defence&#039;s strategy is cunning in that while there is proof of the thank-you part, there&#039;s no proof of the initial promise.  Technically - this is not a bribe as described at law.

Yes, he accepted a bribe (We know it, he knows it, even the judge knows it).  Yes his antics (rosary ring and all) are ridiculous and shameful.  But my comment was on the strategy that the defence opted for, rather than what&#039;s obvious.

As far as I know (though I may be mistaken - I&#039;m not a lawyer) a judge cannot convict on what&#039;s obvious.  There must be proof that he promised to change the sentence in exchange for cash.

&lt;strong&gt;[Daphne - He had seven years to plan and orchestrate all this. No wonder the prosecutor exploded in court. You could smell that rat (no, not Arrigo) when he chose not to have a jury trial. He knew he&#039;d go down like a sack of punctured condoms.]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2009/11/oh-pull-the-other-one-for-gods-sake/#comment-34869">Ian Castillo</a>.</p>
<p>Your reasoning is correct, and the fact that he accepted the thank-you makes it patently obvious that there was the promise beforehand.</p>
<p>My point is that the defence&#8217;s strategy is cunning in that while there is proof of the thank-you part, there&#8217;s no proof of the initial promise.  Technically &#8211; this is not a bribe as described at law.</p>
<p>Yes, he accepted a bribe (We know it, he knows it, even the judge knows it).  Yes his antics (rosary ring and all) are ridiculous and shameful.  But my comment was on the strategy that the defence opted for, rather than what&#8217;s obvious.</p>
<p>As far as I know (though I may be mistaken &#8211; I&#8217;m not a lawyer) a judge cannot convict on what&#8217;s obvious.  There must be proof that he promised to change the sentence in exchange for cash.</p>
<p><strong>[Daphne &#8211; He had seven years to plan and orchestrate all this. No wonder the prosecutor exploded in court. You could smell that rat (no, not Arrigo) when he chose not to have a jury trial. He knew he&#8217;d go down like a sack of punctured condoms.]</strong></p>
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		<title>
		By: Ian Castillo		</title>
		<link>https://daphnecaruanagalizia.com/2009/11/oh-pull-the-other-one-for-gods-sake/#comment-34869</link>

		<dc:creator><![CDATA[Ian Castillo]]></dc:creator>
		<pubDate>Thu, 19 Nov 2009 17:37:38 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=4099#comment-34869</guid>

					<description><![CDATA[I think the defence raised this argument because if a bribe *must* include a promise beforehand (if not a payment), then the prosecution must prove that there was this promise. Otherwise there is no proof that what he accepted was a bribe and not a thank you (for which there is no law against). If the judge buys this line of thinking, then he will not be able to convict without the proof of said promise.

&lt;strong&gt;[Daphne - The bribe is implicit in the &#039;thank-you&#039;. Nobody thanks people unless there is something for which they should be thanked. Especially, nobody is going to give you an envelope with a large amount of money as thanks unless you have done something to get it. Funny, but there&#039;s nobody chucking envelopes full of cash onto my desk and saying &#039;thanks&#039; for something I haven&#039;t done.]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>I think the defence raised this argument because if a bribe *must* include a promise beforehand (if not a payment), then the prosecution must prove that there was this promise. Otherwise there is no proof that what he accepted was a bribe and not a thank you (for which there is no law against). If the judge buys this line of thinking, then he will not be able to convict without the proof of said promise.</p>
<p><strong>[Daphne &#8211; The bribe is implicit in the &#8216;thank-you&#8217;. Nobody thanks people unless there is something for which they should be thanked. Especially, nobody is going to give you an envelope with a large amount of money as thanks unless you have done something to get it. Funny, but there&#8217;s nobody chucking envelopes full of cash onto my desk and saying &#8216;thanks&#8217; for something I haven&#8217;t done.]</strong></p>
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		<title>
		By: Anthony Farrugia		</title>
		<link>https://daphnecaruanagalizia.com/2009/11/oh-pull-the-other-one-for-gods-sake/#comment-34868</link>

		<dc:creator><![CDATA[Anthony Farrugia]]></dc:creator>
		<pubDate>Thu, 19 Nov 2009 16:49:41 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=4099#comment-34868</guid>

					<description><![CDATA[Once the envelope with the dosh hit the boardroom table and was not chucked back in the face of the school buddy but remained there, then &quot;ergo&quot; as the denizens of the law courts spout, it was accepted.

Were the three confessors aware that their penitent&#039;s company is the Malta agent for Durex? That would have got their conscience in a twist.

Your last para says it all.]]></description>
			<content:encoded><![CDATA[<p>Once the envelope with the dosh hit the boardroom table and was not chucked back in the face of the school buddy but remained there, then &#8220;ergo&#8221; as the denizens of the law courts spout, it was accepted.</p>
<p>Were the three confessors aware that their penitent&#8217;s company is the Malta agent for Durex? That would have got their conscience in a twist.</p>
<p>Your last para says it all.</p>
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