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Queensland laws on bikie gangs and sex offenders will fail: Tony Fitzgerald

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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

Queensland laws on bikie gangs and sex offenders will fail: Tony Fitzgerald

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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

Queensland laws on bikie gangs and sex offenders will fail: Tony Fitzgerald

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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

Police fear bikie standover tactics to get guns

 
 
Police are concerned larger motorcycle groups may stand over social clubs.

Police are concerned larger motorcycle groups may stand over social clubs. Source: Supplied

 

POLICE fear outlaw motorcycle gangs will harass smaller social motorcycle clubs in a bid to arm themselves.

Authorities seized weapons from members of social clubs in August, concerned that larger groups such as the Hells Angels, Comancheros or the Bandidos might stand over them for weapons.

Yesterday, Benalla builder and farmer Thomas Finnie won back his firearms licence.

His guns were seized by Echo taskforce detectives because of his membership of the Derelicts Motorcycle Club, a group of 13, formed in 1968.

"If we were like a building, we'd be heritage-listed," Mr Finnie told the Firearms Appeal Committee.

The 56-year-old told the committee he was once fined $2000 after police seized a small amount of drugs while he worked as a truck driver.

But he avoided larger motorcycle clubs, and the Derelicts were more interested in looking after their families, he said.

Mr Finnie used the seized guns to control a fox problem on his 100ha property.

Gerard Maguire, for the Chief Commissioner, said: "There's no allegation of systemic criminality in relation to the Derelicts."

But he said police were concerned that the group had links with other clubs, including an annual pool competition with the Huns, and could be approached for their weapons.

The Firearms Appeal Committee has increasingly become a battleground between motorcycle clubs and police.

In August, police seized more than 100 weapons.

Since then the FAC has been hearing appeals by bikies whose weapons were seized and licences cancelled.

padraic.murphy@news.com.au

 

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