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.
All bikie bail decisions usually made by individual judges now rest with state's chief magistrate Tim Carmody
- The Courier-Mail
- November 05, 2013
Chief Magistrate Tim Carmody has issued an edict that will effectively ensure he makes all the decisions in cases of disputed bail for accused bikies.
Bikies should not be granted bail
Appeal lodged after bikie bail case put on hold
Justice Fryberg accuses Newman of bully tactics
The Newman Government and the judiciary have been at loggerheads over several bikie cases with tough new laws banning outlaw gang members from being granted bail.
However, several bikies have been granted bail by magistrates because the prosecution was not able to successfully prove they were gang members.
The extraordinary decree by Judge Carmody will enrage members of the Queensland magistracy who will see the decision from the recently-appointed chief magistrate as a slight on their professionalism.
The practise direction, dated November 4, states it applies to any contested bail application throughout the state which has not yet been set down for hearing.
"Unless the Chief Magistrate otherwise orders in the interests of justice, all bail applications to which this practise direction applies, will be listed for hearing in Court 20 in the Brisbane Magistrates Court, not before 2.30pm,'' Judge Carmody said. "No more than 2 applications may be listed on one day.''
The directive states the primary objective was to ensure all applications proceed without delay as well as reduce costs for the Office of the Director of Public Prosecutions and ensure "security for all".
The decision means contested bail application cases from outside Brisbane will have to be heard via video link.
Attorney-General Jarrod Bleijie last night declined to comment on Judge Carmody's directive.
However, it comes after the Government was left seething over Sunshine Coast Magistrate Bernadette Callaghan's decision to granted bail to an alleged bikie because his Rebels gang membership could not be proved.
The alleged bikie, Lorne James Campbell, is facing extortion charges.