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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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Hi D Discover news with your friends. Give it a try.
To get going, simply connect with your favourite social network:

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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

"FINK" ring was "poor taste" bling but not knuckleduster, court hears

 
 
Fink ring was 'like Katy P...

Former Fink, now Mongol bikie, Andrew Majchrak outside Adelaide Magistrate's Court after being charged with possessing a prohibited weapon. Source: News Limited

TO POLICE it was a knuckleduster but a former Fink bikie's gold ring is just a piece of "bling" like that worn by pop starlet Katy Perry, a court has heard.

High-ranking Mongol Andrew Majchrak appeared before the Adelaide Magistrates Court on Wednesday charged with possession of a prohibited weapon.

The court heard the charge dates back to September last year when a member of the Crime Gangs Task Force noticed Majchrak wearing a two-fingered ring which spelled "FINK", on Grote St, near the Hilton Hotel.

 

The face of the FINK ring.

The face of the FINK ring. Source: News Limited

 

Lawyers for Majchrak tried to get the case dismissed but Chief Magistrate Judge Elizabeth Bolton found there was a case to answer.

Giving evidence in the no-case submissions, Brevet Sergeant Richard Miller told the court he immediately noticed a large ring on Majchrak's right hand and in his opinion it was a knuckleduster or met the definition of a knuckleduster.

"My attention was drawn because of the sheer size of the ring and clearly the fact that it was joined at two fingers," Brevet Sgt. Miller said.

He said in his view it was a knuckleduster designed to protect the knuckles and "increase the force or impact" of a blow.

"If used to punch somebody, it would inflict a great deal of harm," he said.

 

 

Katy Perry wearing her trademark candy ring. AFP PHOTO / ODD ANDERSEN

Katy Perry wearing her trademark candy ring. AFP PHOTO / ODD ANDERSEN Source: AFP

 

Under cross-examination Brevet Sgt. Miller said he had seen similar two-fingered rings seized from members of motorcycle gangs and other "quite delicate" rings worn by women.

"But certainly nothing of the obvious size and brutality (of this one)," he said.

He said in his opinion the ring was designed "in an attempt to skirt around legislation".

Lawyers for Majchrak submitted that the ring was not designed to be worn across the knuckles.

Andrew Moffa said the ring was a piece of bling which was not in accord with the legislation.

"The defence says it's a bling ring," he said.

"Our position is, one might say, it's a poor taste bling ring but that does not mean it's not a ring."

Giving evidence in the trial, jewellery buyer Michael Brinkley said the fashion for such large rings essentially came out of Hollywood.

He said celebrities such as Snoop Dog, Katy Perry and Pink were wearing the rings as part of their brand.

He said the style was still in its infancy but it was growing.

Mr Brinkley estimated the nine carat gold ring to be worth more than $14,000.

Under cross-examination from the police prosecutor, Mr Brinkley said Katy Perry's ring would not be as heavy.

"Katy Perry would probably put more diamonds in it, less gold," he said.

He said there were not a lot of people wanting to spend $15,000 for such a ring.

"Generally it's people from Hollywood," he said.

Judge Bolton has reserved her decision until January.

 

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