Tim Blair


New Criterion



Thursday, May 06, 2004
AS ULTRA-TOLERANCE CAN KILL FREEDOM, so can ultra-justice destroy justice.

The NSW Court of Criminal Appeal overturned the convictions of Bilal Skaf and his brother Mohammed over the gang rape of a 16-year-old girl in Gosling Park at Greenacre on August 12, 2000.

President Keith Mason and Justices Brian Sully and James Wood ordered a retrial for both brothers.

The retrials were ordered because two jurors conducted their own experiments at the park where the alleged rape occurred after deliberations had begun.

How material was the jurors' disobedient search for truth you'll have to read the full judgement to work out. This decision, if it stands, may have a profound impact on the reputation of our courts.

Let's just hope the victims are willing to run the gauntlett yet again of the Skaf family's hatred and their own terrible memories.