Queensland laws on bikie gangs and sex offenders will fail: Tony Fitzgerald
- AAP
- October 28, 2013
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.
Queensland laws on bikie gangs and sex offenders will fail: Tony Fitzgerald
- AAP
- October 28, 2013
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.
Queensland laws on bikie gangs and sex offenders will fail: Tony Fitzgerald
- AAP
- October 28, 2013
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.
High profile legal team to fight gang laws
- AAP
- December 04, 2013

Bikies are preparing to challenge the Queensland government's anti-gang laws in the High Court. Source: AAP
The challenge, to be lodged within weeks, will argue the laws go against protections enshrined in Australia's constitution and defy separation of powers.
Zeke Bentley of Brisbane-based Irish Bentley Lawyers will spearhead the United Motorcycle Council of Queensland's challenge against the laws.
He will be joined by Wayne Baffsky, a Sydney barrister who successfully defeated similar legislation in New South Wales.
Mr Bentley is the son of Walkley Award-winning investigative journalist David Bentley, who reported on corruption in Queensland during the Bjelke-Peterson era.
He says the laws erode the separation of powers in Queensland by empowering political interference into the administration of criminal justice.
"Australia is a wonderful place to live and that is a direct result of the protections built into our constitution and the separation of powers."
Mr Bentley said, while the government's campaign had focused on bikies, the laws could be used quite broadly.
"They apply to any group the government of the day decides to classify as unlawful, and they apply to innocent people who meet a member of an unlawful group socially," he said.
Mr Bentley says the High Court challenge will also question the retrospective nature of the legislation, which applies to any Queenslander who has ever been a motorcycle club member.
"If you were in a club in 1965, even for a few weeks and haven't ridden since, you are still subject to these laws and have fewer rights than anyone else," he said.
Queensland's anti-bikie gang legislation, introduced in October, imposes mandatory prison sentences on gang members and restricts their ability to meet in public.
The government last month expanded those laws to extend the list of industries from which bikies are banned.
UMC spokesman and Rebels veteran Mick Kosenko says riders have to fight the laws to protect their civil liberties.
"Well, we haven't got a choice," he told ABC radio.
Attorney-General Jarrod Bleijie said: "We always expected a challenge and we are ready to fight back."