Alexander Downer, Schapelle Corby, and a Home Invasion...

It would probably be fair to say that Alexander Downer as Foreign Affairs Minister in the John Howard Liberal Government that he would have expected to take some heat over any role he could have played in securing the release of Schapelle Corby from Kerobokan Prison in Bali. This might be particularly so considering that Ms. Corby is still in Kerobokan prison and suffering from severe mental illness, including two attempts at suicide.

However, as a former Foreign Minister who has been out of government for some time and who is focused much more on conflicts in other parts of the world, he probably was not expecting a stranger to walk into his home and start abusing him on his failure to get Ms. Corby released from prison and then imploring him to do something to get her out now.

Yet, this was the case last Thursday. Downer was sitting down watching the news at 6.15pm when an elderly woman walked through an unlocked front door, sat down on his couch and then proceeded to give him an earful. There is little doubt that incidents like these get people to thinking about their home security. Without a doubt there is going to be some ramped up security at the Downer household from now on, starting with locking the doors.

It would seem that Mr. Downer was not in fear of his life, and asked the woman who she was, which triggered a tirade that culminated in the old lady suggesting that if Mr. Downer did not get Corby out of jail then God would damn him. Cutting to the chase, Downer called the police, the woman disappeared through his garden, the police arrived, the woman was gone. The police believed that they knew who the woman was and apparently an arrest has subsequently been made.

There is plenty to be said for the passion and commitment of Schapelle Corby's supporters, but it is incidents like these that make one wonder to what extremes some people are prepared to go in pursuit of their cause. A home invasion of the former foreign minister's home is certainly ratcheting it up to the next level.

It is a worrying development, aside from the action being a home invasion, I really fail to see how this sort of thing helps Schapelle and her supporters get her out of jail.

Your Home as Your Castle

Some interesting news out of Ohio in the US. Interesting if you are into legal, law, and legislation like I am. If you're not then you might want to skip this post.

The Ohio Legislature has passed a law which states that a home-owner who wounds or kills an intruder in their home is going to be presumed to have been acting in self-defense. This is known as the "Castle Doctrine". It interestingly also applies to motor vehicles.

If you have read my previous posts you will know that I am not a fan of guns or weapons in general. They have a purpose, but I am not sure that a society armed to the teeth is any safer than one where no or very few guns exist.

The previous incarnation of the law required that a home-owner prove that they were acting in self-defense. However, the new law shifts that burden to prosecutors to prove that the home-owner was not acting in self-defense. This is going to be very much a case of shoot first and ask questions later. There may be times where a home-owner acts in legitimate self-defense and other times where they do not. There would seem to be plenty of scope for a defense attorney to use the provisions to get a defendant a free pass for a wounding or death that was not self-defense but because it occurred in a home or a car then the presumption is that it was self-defense.

I wonder whether in 12 months time there might be some regret at this new law. It certainly seems to make it easier for all people to carry concealed weapons. This is likely to make the lives of some public servants such as police officers even more dangerous than it was prior to this piece of legislation being enacted.

Some of the things that citizens can now do and the protections afforded them include, among others:

• Home-owners are presumed innocent where an intruder is wounded or killed;

• The law applies to vehicles as well;

• Home-owners who rightfully use self-defense are immune from civil lawsuits initiated by the intruders, if they survive, or their families; and

• A landlord cannot evict a permit-carrying tenant for keeping a firearm on the rented premises.

The land of the free and home of the brave just became a little scarier by my reckoning.