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Folklaw 2 December

Litigation a gambleCasinos seem to be the latest institutions that are having the buck passed on to them. Now, Folklaw in no way, shape or form, supports gambling, casinos or more particularly,…

user iconLawyers Weekly 02 December 2005 SME Law
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Litigation a gamble

Casinos seem to be the latest institutions that are having the buck passed on to them. Now, Folklaw in no way, shape or form, supports gambling, casinos or more particularly, the dreaded poker machine, but come on. The casino is there for two purposes and two purposes only — to attract gamblers and take their money. However, a “rooned” French gambler has sued a casino for failing to prevent him from losing his money. Jean-Philippe Bryk, 44, claimed the Grand Café casino in Vichy owed him a duty of “information, advice and loyalty”. Well, besides putting up signs everywhere saying “Give up, you’re not going to win”, there’s not a whole lot they can do really. A spokesman for the casino said the whole concept of gambling was based around the “risk of losing”. Apparently Bryk is not all that good at recognising the obvious.

The Golden Rule

A judge known for his unusual punishments has sentenced an animal “rescuer”, who dumped 35 kittens in two parks in Painesville, Ohio, to a night in the woods without food or shelter. Michelle Murray, 25, who has claimed she was enduring family problems at the time of the offence, will serve a 15-day jail sentence. But when she turns up on the first day, a park ranger will drop her off at a remote location.

Associated Press reported that in sentencing Murray, Painesville Municipal Court judge Michael Cicconetti, asked: “How would you like to be dumped off at a Metropark late at night, spend the night listening to the coyotes coming upon you, listening to the raccoons around you in the dark night, and sit out there in the cold not knowing where you’re going to get your next meal, not knowing when you are going to be rescued?” How indeed?

In a previous case, Cicconetti sentenced a man who called a police officer a pig to two hours of standing on a city footpath in a pen next to a pig with a sign reading “this is not a police officer”.

Reckless wheeling

Handing out fines on motorways is not an uncommon task for police, but this case would have provided a bit of a change for officers in Germany. They had to pull up 67-year-old retired astronomy professor Wolfgang Hain on the A43 motorway in North Rhine Westphalia, where he was cruising along in his wheelchair at 9km/h, in traffic that was driving at more than 160km/h.

Hain told police he was heading to Vechta, more than 177 kilometres away, and had already travelled eight kilometres. Hain explained that when he passed his driving test, almost 50 years ago, any vehicle had been allowed to travel on the motorway, and he was not aware that the rules had changed. Officer Peter Feldkirch said the professor probably hadn’t factored in that it would take him 20 hours (and possibly a new set of tyres) to reach his destination.

Suspense and excitement outlawed

British grocery chain Sainsbury’s has reneged on a plan to sell Christmas puddings with lucky sixpences inside thanks to health and safety regulations, which regard them as a choking hazard. As the world becomes a more and more boring, staid place in which to live, thanks to such regulations, the sixpences will instead be attached to cards, with the recommendation that they be slipped under the bowl or placemat of a “lucky” family member. Tally-ho, what fun!

Its art, baby

A US student arrested for indecent exposure at a careers fair has claimed his flashing was actually a work of performance art. According to police, Misha Sulpovar approached a stall with his fly open, then coloured in his “bits” with a highlighter pen. The art and religious studies student at Webster University, Missouri, insisted he was challenging taboos. More like tab-ews.

Not so notorious

Apparently Michelle Leslie’s infamy has passed some Australians by. Listening to Triple J last week, Folklaw heard a segment in which Kim Beazley was asked his opinion on the Leslie saga. Appearing not to know what the reporter was talking about, he was urged with the words “the girl that was on the news before”. “Sorry, I wasn’t listening,” Beazley replied with a laugh.

Now, Folklaw is sure that was the only problem, that Beazley simply hadn’t been listening when the question was asked. However, the situation was not helped when Shadow Foreign Minister Kevin Rudd defended the faux pas and slipped up on the name of former media darling Schapelle. He called her Michelle Corby. Dear me.

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