You got that wrong ACT Crusader. Gagger could have written his summary before the first post.
I am going to play this again in slow motion guys, and if you concentrate real hard you might follow the play. It is a classic that has been used before, almost as common as the double cut out runaround. Its called the "we did not like the outcome of the process so rather than appeal we will rerun the trial in the media where the rules of evidence do not apply".
Wayne Smith says that DP received a MMS on 9 June with TWO lewd images attached. Because WS is not one of those nasty unethical lying journalists I am happy to accept without question that he has :
1 seen the messages on the phone,
2 been told by DP or seen her sworn evidence that is the case, or
3 something like 2 except someone at the ARU told him
The independent tribunal found that it was absolutely satisfied that Beale sent a text with ONE lewd image. This was apparently based on a forensic examination of Beale's phone. It would seem no evidence was offered in response by DP or the ARU. The Tribunal found that the image was sent to DP's phone by an unknown 3rd party.
Reading between the lines I have to assume everyone in the room was pondering how it came to be included in Beale's MMS message. Never mind that, until the Tribunal decision is appealed or further legal action is taken there will be no need to submit the phone for forensic examination.
Now WS is free to write articles inferring that Beale did send a message with two images but was nevertheless found not guilty. How terrible. Lets all run around propagating the now proven bullshit that he sent both of the images or that he has not been punished. I am glad WS is out there fighting for truth and justice.
I am all for unmasking the second sender, Waratah or not. I just don't think it is going to happen.