Significant developments in Taswegia

Shoot that lamb chop ... How not to run a trial with a self-represented accused ... Closed court for dishonest lawyer ... Theodora explores the map of Tasmania

Silk Stephen Estcourt is one of the island state's ornaments.

A dedicated foodie, and promoter of all things edible in Taswegia, his blog, Reminiscence of a Food Tragic, is a feast for the senses.

Delicious pics of both delicate and hearty treats adorn the site. Vast sides or beef, tasty macaroons, salted cod, baskets of fresh veggies, yummy pastries are all snapped and posted online.

Most recently he was one of the movers behind the World Party, where "6,000 grazed, grooved and schmoozed" the day away to celebrate the "global flavours and sounds of Hobart".

Estcourt has been a leader of the rapidly developing photograph-what-you-eat movement.

Estcourt, centre, with carbs

So much so that it has caught on among various high-level Tasmanian jurists, who now photograph their morning toast, bowls of rice bubbles, old apple cores and cheese sandwiches and email them to each other, without further comment.

I'd love a snap of Andrew Abbott's dinner.

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Justice BlowDid you see the stupendous way in which the Tas CCA (Crawford, Evans & Blow) came to the rescue a self-represented blighter who fell foul of Justice Shan Tennent?

The Court of Crim Appeal found that the trial of Mr Christopher Isherwood miscarried because Tennent, Taswegia's first female Supreme Court judge, failed to advise him of his rights.

We assume this appellant is not the famed gay Anglo-American novelist.

Isherwood was found guilty of one charge of possessing child exploitation material on the hard drive of his computer.

His case was that he had brought the hard drive second-hand and had neither loaded the 12 files onto it nor did he know they were there. Consequently, it could not be said he had "possession" of them.

However, he did have possession of other files containing child pornography, but had deleted them long before the police searched his home and computer.

There seemed to be some confusion on the part of the coppers.

Isherwood made admissions in a police interview, but those admissions were in relation to the earlier files he had deleted. He said they were not admissions in relation to the porno files the subject of the charge against him.

The appeal judges accepted this, saying that the evidence about Isherwood's knowledge was inadequate. They allowed the appeal, quashed the conviction and substituted a verdict of acquittal.

Justice Tennent: conducted trial unfairlyOn the way out the they punted Shan Tennent into the outfield, with things like:

"A judge presiding at a criminal trial is under an obligation to ensure that the trial is conducted fairly and in accordance with the law ... the general rule is that the trial judge must advise the unrepresented accused person of any fundamental procedure or right which could be advantageous to the accused."

The instances that gave rise to the miscarriage of justice were neatly summarised.

1. The appellant wanted his mother to be a McKenzie friend and give evidence. Tennent said that his Mum could not stay in the court until after she gave evidence. In doing so she made a determination without calling for submissions. Consequently, she did not exercise her discretion properly.

2. The judge failed to advise Isherwood that he was entitled to make an opening address before adducing evidence and failed to invite him to make one.

3. She failed to advise the accused of the procedural consequences that adducing evidence would have on the right of the crown to make a closing address and the order of closing addresses.

4. She failed to call for submissions on whether the accused could refer to his notes when giving evidence. She simply said he couldn't. Again, her discretion was not exercised properly.

Good to have these things spelled out.

In 2005, when she was sworn in, Tennent was asked what sort of judge she wanted to be:

"A fair one," she replied. "It's a progression in my career and ... I'm sure I will enjoy it."

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While Justice Tennent is fresh in our thoughts, I see she had before her a few weeks ago a curious matter from the Taswegian Law Society.

Jo Matthews: delicate matterThe society brought to the attention of the court that former Hobart lawyer Joanne Frances Matthews had been found guilty of attempting to dishonestly acquire a financial advantage and making a misleading statement when she applied for a $7,000 first home owners grant.

She had falsely declared that she had not previously owned a home and was fined $15,000 by magistrate Daynor Trigg.

As though trying to protect some sort of endangered species Tennent closed the court to hear this delicate matter.

However, the Law Society was not seeking to strike Matthews off the jam roll. She has not practised since 2007, when this unfortunate event occurred, and she does not hold a ticket.

Why would she need to? She's now on the electoral staff of the independent Member for Denison Andrew Wilkie and hosted several of his campaign knees-up at her bijou Battery Point eatery Boss & Boo. 

One local blogger described this boho establishment as having a "velvety atmosphere".

Enough, already.