Peter Ridd writes of this unbelievable example of arrogance and hubris from James Cook University on his GoFundMe page:
Dear All,
There has been a flurry of media activity on the case but the main news is that it looks as though the Vice Chancellor (VC) is digging in. She and the Provost Prof Chris Cocklin released an extraordinary statement saying the Judge was wrong on all 17 findings against JCU (see link below). In my opinion, she had not read Judge Vasta’s judgement and clearly does not comprehend what has just happened.
But this means that unless the JCU council (the governing body) deals with the VC, an appeal is likely. In my media statements I have repeatedly stated that the JCU council will be complicit in this mess if they do not deal with the VC and Provost. Due to the huge media response in Australia, the council will have heard this loud and clear.
JCU has near infinite resources from the taxpayer and the VC will not pay a cent when she ultimately loses. It matters not to JCU if they appeal on weak grounds, and the VC may well have retired from the university in the time it could take, perhaps 5 years, if it goes all the way to the high court.
An appeal will cost the best part of a million dollars – much more if it goes to the high court. But I reckon that if we are forced, we can raise the funds. I am very confident that we can win any appeal, although we would want to look closely at whatever mischief they come up with.
The fact is that we have the upper hand – we won the first round 17-nil. The university is bleeding reputation due to its own mistakes, and there is growing anger especially in North Queensland. If they think they can intimidate us with an appeal, they should think again.
Kind regards
Peter
https://www.jcu.edu.au/news/releases/2019/april/response-to-federal-circuit-court-judgement
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I am not a lawyer and certainly not familiar with Australian law but is seems from a logical standpoint the University would have a hard time appealing these decisions. It takes two to tango, and both Prof. Ridd and the Univ. agreed to the terms of the contract when it was signed. Unless the Code of Conduct was referenced in the contract as superseding any contract terms, it seems to me at least, that the Univ. automatically waived that option. Consequently I would think the contract would be the controlling document and the terms should be decided solely on contract law.
Not very surprising, really.
The Judge effectively said that the VC and Provost are simply not fit to run a University. So they either resign now, or go down swinging. They appear to be opting for the latter.
This is a standard legal tactic of FUD, which has obviously worked as the debate on this thread shows. Simply by saying “We disagree with the judgement and will appeal”, JCU has unleashed the Fear that there might be an appeal which the University’s deep pockets can prolong and repeat. There will now be a long period of Uncertainty while the reported appeal is awaited and therefore Doubt that the judgement will finally stand. JCU can get reported in the mainstream media that they disagree with the judgement and will appeal, and that is the message that will get remembered, not Peter Ridd’s 17-0 result and the judge’s damning comments.
The idea of getting an unsubstantiated headline into the MSM is so deeply ingrained in Climate “Science” that this is a standard tactic. It is a classic case of “a lie can travel halfway around the world while truth is getting its shoes on”.
This is therefore a brilliant PR move that has cost them nothing. It is one reason that I get cynical about lawyers and big organisations.
The more they dig in their heels, the more it alerts potential students, potential post graduate students and most critically anyone with talent that this is NOT the place to be. Without students, without post graduate students and with people with talent bypassing JCU, the whole institution will collapse within a few years. All the staff-the lot will lose their jobs complete with the stain of being associated with a disgraced organisation. All of this because a pompous VC will not admit she was wrong and do the right thing.
Bingo.
If JCU decides to appeal (which isn’t really certain yet) they will have to deal with a flood of bad publicity and a flood of hostile letters.
But the letters that will really make their hair stand on end will be the ones that begin with, “I am declining your offer of admission.”
Is there anybody who is not deeply troubled by the utter lack of ultimate justice in the justice systems of (at least) all the English speaking counties of the world?
It is especially unjust when one of the parties is being financed by the taxpayers. Who can’t see the injustice in that?
Pretrial discovery is slow and costly to everyone…even to those deposed. I spent over half a day answering banal irrelevant questions costing me a day of work with no compensation…and the case…after over a year of delays…never went to trial (thankfully).
The whole system smells like it was devised by lawyers (wink wink) purely for the cause of justice (wink wink) that just happens to take hundreds of hours (wink wink) to adjudicate even the simplest of disputes.
There has to be a better solution…that will never happen from the “inside”.
As protection from legal system abuses, future individuals might decide to do a high res 3D virtual reality multi camera video (with high fidelity audio) recording of their entire public lives.
it is interesting to read the Wikipedia entries on Bob Carter, Bjorn Lomberg, Murry Salby, Jennifer Maharosi (and probably others) who have become victims of the intolerance of Australia’s Universities/Research Institutes to anyone who dares question the AGW mantra. According to Wikipedia, none of them have any scientific credibility at all. Presumably Peter Ridd will be treated in the same way, regardless of any court outcomes.
What has become common with these anti-intellectual free speech quelling efforts in the US, if for prospective students and parents to vote by not attending these schools. For example, Evergreen State has seen a very large drop in attendance since they allowed their activist students to call for the removal of a professor. I hope many Australians do the same.
JCU are deceptive in their response
But it seems pretty clear that nearly all climate extremists are deceptive when they are seeking to impose the consensus.
How to fight this?
Resisting the climate consensus is not that far removed from resisting Sharia, or the old Catholic church or early protestantism.
Only individual responsibility can solve this problem. So long as JCU has access to the “public purse*’ they will prevail, not by right but by attrition. Alexis de Tocqville understood this in his seminal work: ‘Democracy in America (1840 ..yes 1840).’
Without consequence there will be no correction. The individual MUST be accoutable for his actions, else he will continue to pursue the delusion.
Cheers
Mike
It is often the case that when people in power get reprimanded for questionable practices, they start experiencing a decrease in brain cells. They feel the loss so begin relying on their power alone. Ergo the stupidity of comments made by those in power post-reprimand.
It is often the case that when people in power get reprimanded for questionable practices, they start experiencing a decrease in brain cells. They feel the loss so begin relying on their power alone. Ergo the stupidity of comments made by those in power post-reprimand.