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THE man who presided over Queensland's historic
corruption inquiry has launched a scathing attack on the Newman
government's bikie and sex offender laws.
Tony Fitzgerald QC has warned Queenslanders not to be duped by
laws he views as dangerous.
This month, the government gave itself the power to bypass the
courts and keep some sex offenders in jail indefinitely.
Parliament also passed new laws that mean judges must now impose
two sentences on criminal bikie gang members who commit a serious
crime - one for the crime itself and another for being part of a
declared criminal gang.
Mr Fitzgerald says Queenslanders should understand the gravity of
the laws, which he warns are likely to fail.
New laws will fail, Fitzgerald says
"History teaches us that claims that repressive laws will reduce
serious crime are usually hollow and that laws which erode
individual freedom and expand a state's power over its citizens are
fraught with peril," he writes in an opinion piece in The
Courier-Mail.
He says parliament could chose to enact any law.
But parliamentarians "don't have a 'mandate' to give effect to
prejudices and ill-informed opinions, ignore ethics and conventions
or attack fundamental values such as personal freedom or essential
institutions such as the judiciary".
Mr Fitzgerald says both sets of laws are populist and suggests
they exploit the fears of less-educated Queenslanders.
He cites Wikipedia's definition for a demagogue, saying it
provides an uncomfortable insight into modern politics.
"A demagogue ... is a political leader in a democracy who appeals
to the emotions, fears, prejudices, and ignorance of the
less-educated citizens in order to gain power and promote political
motives."
Mr Fitzgerald is also scathing about how the government has
handled concern about its laws.
Last week, Premier Campbell Newman called critics of the sex
offender laws "apologists" for pedophiles.
"It is extremely arrogant and socially destructive for
politicians to slander citizens who disagree with their 'political
solution' or to denigrate the judicial branch of government and its
generally conservative judges, who must make sometimes unpopular
decisions in accordance with the law and available evidence and
their oath of office," Mr Fitzgerald writes.
"And it is incomprehensible that any rational Queenslander who is
even remotely aware of the state's recent history could for a moment
consider reintroducing political interference into the
administration of criminal justice, even to the point of making
decisions about incarceration."
Mr Fitzgerald said he wrote the piece as a private citizen who
was not aligned with any political party.
"I am a private citizen who has noticed that more problems are
solved by thoughtful discussion than political grandstanding and
personal abuse," he said.
The premier's office declined to directly address Mr Fitzgerald's
criticisms today.
A spokesman for Mr Newman said the government was simply
delivering on its plan to make Queensland safe.
- See more at: http://www.theaustralian.com.au/national-affairs/state-politics/queensland-laws-on-bikie-gangs-and-sex-offenders-will-fail-tony-fitzgerald/story-e6frgczx-1226748089355#sthash.sNKVnMFQ.dpuf
Hi D
Discover news with your
friends. Give it a try.
To get going, simply connect with your favourite social
network:
THE man who presided over Queensland's historic
corruption inquiry has launched a scathing attack on the Newman
government's bikie and sex offender laws.
Tony Fitzgerald QC has warned Queenslanders not to be duped by
laws he views as dangerous.
This month, the government gave itself the power to bypass the
courts and keep some sex offenders in jail indefinitely.
Parliament also passed new laws that mean judges must now impose
two sentences on criminal bikie gang members who commit a serious
crime - one for the crime itself and another for being part of a
declared criminal gang.
Mr Fitzgerald says Queenslanders should understand the gravity of
the laws, which he warns are likely to fail.
New laws will fail, Fitzgerald says
"History teaches us that claims that repressive laws will reduce
serious crime are usually hollow and that laws which erode
individual freedom and expand a state's power over its citizens are
fraught with peril," he writes in an opinion piece in The
Courier-Mail.
He says parliament could chose to enact any law.
But parliamentarians "don't have a 'mandate' to give effect to
prejudices and ill-informed opinions, ignore ethics and conventions
or attack fundamental values such as personal freedom or essential
institutions such as the judiciary".
Mr Fitzgerald says both sets of laws are populist and suggests
they exploit the fears of less-educated Queenslanders.
He cites Wikipedia's definition for a demagogue, saying it
provides an uncomfortable insight into modern politics.
"A demagogue ... is a political leader in a democracy who appeals
to the emotions, fears, prejudices, and ignorance of the
less-educated citizens in order to gain power and promote political
motives."
Mr Fitzgerald is also scathing about how the government has
handled concern about its laws.
Last week, Premier Campbell Newman called critics of the sex
offender laws "apologists" for pedophiles.
"It is extremely arrogant and socially destructive for
politicians to slander citizens who disagree with their 'political
solution' or to denigrate the judicial branch of government and its
generally conservative judges, who must make sometimes unpopular
decisions in accordance with the law and available evidence and
their oath of office," Mr Fitzgerald writes.
"And it is incomprehensible that any rational Queenslander who is
even remotely aware of the state's recent history could for a moment
consider reintroducing political interference into the
administration of criminal justice, even to the point of making
decisions about incarceration."
Mr Fitzgerald said he wrote the piece as a private citizen who
was not aligned with any political party.
"I am a private citizen who has noticed that more problems are
solved by thoughtful discussion than political grandstanding and
personal abuse," he said.
The premier's office declined to directly address Mr Fitzgerald's
criticisms today.
A spokesman for Mr Newman said the government was simply
delivering on its plan to make Queensland safe.
- See more at: http://www.theaustralian.com.au/national-affairs/state-politics/queensland-laws-on-bikie-gangs-and-sex-offenders-will-fail-tony-fitzgerald/story-e6frgczx-1226748089355#sthash.sNKVnMFQ.dpuf
Recreational bikers have been asked to register
rides with police. Photo: Andy Zakeli
Queensland Police want recreational motorcycle riders
to give them a call before heading out on the roads, to avoid
law-abiding citizens being “harassed” by police.
The proposal was discussed at a private meeting
between Queensland Police Minister Jack Dempsey, senior police and the
Australian Motorcycle Council, which represents recreational riders and
outlaw motorcycle clubs.
Authorities and the council spent more than an hour
thrashing out issues surrounding the government's tough new bikie laws
at Parliament House on Thursday.
Deputy Commissioner Brett Pointing, the head of
Operation Resolve. Photo: Harrison
Saragossi
Outlaw clubs – such as the Hells Angels and the
Bandidos – were not invited.
AMC spokeswoman Eva Cripps said there had been a “huge
escalation” of recreational riders being pulled over and unnecessarily
searched by police in the last three weeks.
“Police say they know who the [outlaw club] members
are, yet they find it difficult to identify them because they don't wear
their colours any more. The only option is to pull over all riders,” she
said.
Ms Cripps said the council was fundamentally against
the idea of riders needing to inform police before heading out in
groups, but said fed-up clubs were likely to support the scheme.
“The clubs will let the police know what they're doing
to stop the harassment... We're quite concerned about the fact that
people riding a legal form of transport have to report into police to
stop themselves being harassed,” she said.
Mr Dempsey said the meeting between authorities and
the AMC was productive.
He said the finer points of the notification scheme
were yet to be worked out, but flagged the possibility of clubs being
able to use the internet to register rides with police.
“I think there is going to be a greater interaction
and greater understanding of legal motorcycle groups and associate clubs
in the future,” Mr Dempsey said.
“These aren't the people that we are targeting. We are
targeting the criminal gangs and thugs, and we make no apologies. We're
going hard, we're going fast, and we're going to go further than ever
before in relation to getting rid of these parasites on the streets of
Queensland.”
Deputy Queensland Police Commissioner Brett Pointing,
the head of the state-wide Operation Resolve, said most officers had a
“limited knowledge” of legitimate motorcycle groups.
“One of the strategies gang members have used is to
de-identify themselves straight away and that's meant we've had to
undertake many interceptions throughout Queensland,” he said.
– additional reporting by Nick Wiggins, 4BC