The courts have released the James Hardie directors from their fines and the restrictions on holding directorships - because of a small technicality, but at the same time they have confirmed that the firm remains " guilty as charged ".
It's about time our learned judges considered a few facts of life !
A company is an inert object. It has no capacity to make decisions - and therefore it's direction is entirely in the hands of those who direct it's activities. It is therefore impossible for a firm to take illegal action on it's own volition. It can only do that - at the instigation of those who control it.
Which raises an interesting question at law !
If the directors are innocent of any crime - but the company is guilty - how can that guilt be sustained if the company is unable to make any decision in it's own right ?
And if a crime has been committed, how can blame not be sheeted home to those who were in charge at that time ?
A conundrum that can only remain unanswered - which leads to a well known adage.
The law is an ass !
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