…from the quill of Antisthenes the Younger
As if Gillard has not ruined Australia’s reputation enough, we now have two typical products of the modern educational system helping her. I am guessing that those two attended some educational factory which groomed them to be standard Green voters, i.e. people unable to see consequences of their actions. (I charitably leave aside the malice verging on misanthropy, which taints a significant portion of Green voters and practically all of the Greensparty leadership.)
Prior to Jacintha Saldanha’s death I intended to write about just two obvious points.
Firstly, that one easily predictable consequence of the mindless stunt was that now it would be even more difficult to obtain information by the telephone from a hospital about a relative or a loved one. This will be causing considerable anguish to countless people.
Secondly, that those radio buffoons would not dare to try that trick on Gillard’s or Conroy’s family and would not even dream of annoying any of the Left dictators or terrorists currently on the death bed like Hugo Chavez, Fidel Castro or Marx forbid, Nelson Mendela. The British Royal family is always a fair, hardly ever biting back, game.
Unfortunately, more has to be written. Without attempting to pre-empt a London’s coroner’s verdict, the following is based on an assumption that Ms Saldanha took her own life as a direct consequence of that humiliating 2DayFM stunt. The radio station is owned by Southern Cross Austereo.‘’I don’t think you can blame these guys completely for what happened,” said ex-Austereo host, Peter Helliar. “Nobody knows what frame of mind the nurse was in.’’ One can be reasonably certain that dirt digging started before her body was cold. So far only these were found: a qualified nurse, an Indian, a mother and a Catholic, all of which makes her a less worthy person in the eyes of our Leftist, feminist and anti-Christian media. If nothing else is found, something will be fabricated.
A suicide would seem to be an over-reaction, but we do not know whether the victim was in some vulnerable, weakened state or suffering from a medical condition. Nevertheless, tortfeasors have to take their victim as they find her. See the “egg shell skull principle” bellow.
Tim Blair has dealt with the usual clamour for more regulations:
Not alone in Australian media, Wendy Harmer was initially impressed by the prank, tweeting: “Those two kiddos are legends!” Within days, news broke of Saldanha’s suicide. “I admit, I hadn’t heard this particular call in its entirety. I should have before I commented. Lesson learned,” wrote the veteran radio presenter afterwards. “Now that I have … it’s clear that the two DJs involved have broken the rules.”
The specific rules to which Harmer refers may be found in the Australian Communications and Media Authority’s Commercial Radio code of practice, which states: “A licensee must not broadcast the words of an identifiable person unless: a) That person has been informed in advance or a reasonable person would be aware that the words may be broadcast. b) In the case of words which have been recorded without the knowledge of that person, that person has subsequently, but prior to the broadcast, expressed consent to the broadcast of their words.”
Saldanha was not identified by name in the broadcast, but obviously was identifiable to her fellow staffers. These rules already exist. What point is there is adding further regulations if current regulations aren’t followed?
Indeed. And Andrew Bolt:
“THE London hospital that treated Prince William’s pregnant wife Catherine says the Australian radio station behind a prank call did not check with them before the hoax was broadcast.
Sydney station 2Day FM said it had tried to contact King Edward VII’s Hospital five times to discuss the prank call conducted with two nurses, one of whom, Jacintha Saldanha, was found dead on Friday in a suspected suicide.
But a hospital spokesman said: “Following the hoax call, the station did not talk to anyone in hospital senior management or anyone at the company that handles our media inquiries.”
Mr Bolt gently hints that someone at the station may not be telling the truth. I do not know – should we trust the people who employed the pitiful clown and were responsible for supervising them? The sad saga tells us something about the Austereo management, the 2Day FM station’s target audience and generally about a society where the tasteless antics of Chaser’s simpletons are admired.
On Monday, three days after Ms Saldanha’s suicide, the radio duo performed on a TV current affairs programme. Apparently well coached by their lawyers, we heard ‘not foreseeable’, ‘nobody could have foreseen’ etc. in almost every sentence.
The eggshell skull rule is a legal doctrine that says the wrongdoer takes the victim in the condition he/she finds him. There is no allowance for an already weakened state of the injured party. If a defendant negligently injures someone, the defendant is responsible for all the consequences, whether they were foreseeable or not. The rule is applied in tort and criminal cases involving a plaintiff in a vulnerable, weakened state or suffering from a medical condition.
The dead can’t sue, but dependants of the deceased in certain circumstances can or at least could. I do not know the modern English law of torts. I also do not wish to judge the genuineness or otherwise of the television remorse; somehow I feel that more will be said in future.
So while you are contemplating the approaching Christmas, a season of goodwill to all, stop for a moment to reflect that there are nasty human beings out there; some pretending to be just thoughtless.