Robert Whale - "black belt, third dan incompetence"

[winner69]

On the Dominion Finance thread I posted how incredible it was Whale got off the charges laid against him because, even though a director, he had not read the Trust Deed that Dominion operated under

Chalkie is even more incredulous
http://www.stuff.co.nz/business/opinion-analysis/8589994/Reasonable-doubt-view-beggars-belief

No doubt this guy is still offering advice and looking after company affairs

[Ahgong]

Has the judge set a precedent where ignorance is a valid defence? Does this mean that directors can avoid reading important documents and then claim ignorance? Is there an appeal process to a higher court against the not guilty verdict?

[CJ]

Should be charged with Gross Negligence. As a lawyer on the Board, legal documents should be your thing, especially when you sign off on them.

But I assume his wealth is locked up in Trusts so no point sueing, hence the criminal charge.

[percy]

Should be charged with Gross Negligence. As a lawyer on the Board, legal documents should be your thing, especially when you sign off on them.

But I assume his wealth is locked up in Trusts so no point sueing, hence the criminal charge.

Whale is a disgrace as is the judge.

[Xerof]

It's right up there with:

I didn't inhale

and

I did not have sexual relations with that woman

[Under Surveillance]

Has the judge set a precedent where ignorance is a valid defence? Does this mean that directors can avoid reading important documents and then claim ignorance? Is there an appeal process to a higher court against the not guilty verdict?

One hopes the judge has had the wit to report the ignorance/incompetence of Whale to the law practitioners disciplinary outfit, with the recommendation that Whale be struck off as unfit to practice.

[percy]

One hopes the judge has had the wit to report the ignorance/incompetence of Whale to the law practitioners disciplinary outfit, with the recommendation that Whale be struck off as unfit to practice.

Well put.!

[J R Ewing]

Incompetence ought not to be an excuse or defence in any case. If you take on a job as a director of a company taking funds from the public, you ought to be in effect certifying that you are competent as well as honest.

But perhaps that would preclude us from having enough jobs for the boys that want to ride the gravy train.

[Marilyn Munroe]

Mr Whale is/was a solicitor with 30 years of experience and held himself out to be a specialist in commercial law. Yet when he was called to account he used the Bart Simpson "I didn't do it" defence because he never read the prospectus even although he signed it.

The investors in Dominion Finance would have been just as well protected if a cockies dog had occupied Mr Whales directors chair.


Boop boop de do
Marilyn

[macduffy]

So does this mean that we are all on notice now that company directors' statements/certificates can't be relied on?

If so, we might as well do away with prospectuses, investment statements etc and save everybody the time and expense of producing and reading them.

(Sorry - feeling in a particularly cynical mood this morning.)

[Balance]

So does this mean that we are all on notice now that company directors' statements/certificates can't be relied on?

If so, we might as well do away with prospectuses, investment statements etc and save everybody the time and expense of producing and reading them.

(Sorry - feeling in a particularly cynical mood this morning.)

When it comes to the justice system, it is right to be cynical at all times because we have had appalling cases of injustice, miscarriages justice and justice applied for the full benefits of the criminals at the deadly expense the victims.

We have seen :

Criminals allowed on bail to then go and murder on their victims,

Criminals given community service when they have caused unbearable and soul destroying hardships and even suicides to their victims,

Criminals being praised as outstanding pillars of society when they have caused grievous bodily injuries,
etc etc etc

And of course we have Arthur Allan Thomas - and we have the cops still covering up after destroying decades of this person's life.

http://www.stuff.co.nz/business/industries/8542534/Split-verdict-for-Dominion-Finance-trio

But in this case, my reading is that the judge had no choice - FMA chose to charge Whale with theft (!!!!!????) ... not very clever!

They should have charged him with misleading statements in the prospectus - i.e.. same charges laid against that other freeloading nincompoop Doug Graham.

But I have come to expect bugger all from the FMA - they have squandered opportunities to show that they are NOT part of the old boys' network and they have to date, failed dismally.

[blobbles]

Add to that most likely Scott Watson's case (completely discounting the stories of 2 expert witnesses who say the victims were dropped off on a completely different boat) and David Bain's complete miscarriage of justice... The result again make you wonder about the level of integrity in the Police and the ability of judges... But I agree, I would be asking the FMA "What is it you think you actually do?"

[Marilyn Munroe]

So a criminal in NZ would be better off robbing with a fountain pen rather than a six gun?

Boop boop de do

Marilyn

[Balance]

Add to that most likely Scott Watson's case (completely discounting the stories of 2 expert witnesses who say the victims were dropped off on a completely different boat) and David Bain's complete miscarriage of justice... The result again make you wonder about the level of integrity in the Police and the ability of judges... But I agree, I would be asking the FMA "What is it you think you actually do?"

FMA is all about using a sledge hammer to crack a few peanuts, and then, bring out a peashooter to try and wound an elephant.

Put a QC in front of the FMA and watch them run to the hills. The personnel in there are lightweight nobodies who cannot foot it in the real world.

A few of them are ex NZX who were happy to put up with Mark Waldon's bully boy's tactics towards staff. What does that say about their back bones to front up to the big bad boys out there?