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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

Mongols gang leaders banned from talking to each other

THE Mongols bikie gang's top two members are now banned from talking to each other because police have taken unprecedented legal action to keep them apart.

The Advertiser can reveal that Mongols president Andrew Majchrak has been slapped with a Consorting Prohibition Notice that bans him from any contact with notorious bikie Mark Sandery, the gang's sergeant-at-arms.

Majchrak has also been served with another notice banning him from consorting with former Finks bikie Dylan Jessen - who has told the District Court he has not joined the Mongols in the recent "patch-over" of Finks members.

While Majchrak is not contesting the notice concerning Jessen - who is in Yatala Labour Prison awaiting sentencing after pleading guilty to unlawfully possessing a .22 calibre pistol - he has lodged an application in Adelaide Magistrates Court seeking a review of the notice banning any contact with Sandery.

More: Inside Adelaide's bikie underworld

While police have declined to comment because of the court action, senior lawyers said the police move was "a clear indication'' police still viewed the Mongols as a major public safety threat, despite the gang's <a href="http://www.adelaidenow.com.au/news/south-australia/finks-say-patchover-to-mongols-will-restore-core-values-curb-criminal-acts-and-drug-use/story-fni6uo1m-1226752428051" title="www.adelaidenow.com.au">recent public claims it was leaving its lawless, violent past behind</a> .

"The notices are aimed squarely at stopping the key members of the gang from talking. It is a very, very effective disruption tactic,'' one senior lawyer said.

More: Mongols challenge Government to win election without bikies fight

"If they can't talk, they can't do business, it's as simple as that. A good analogy would be like watching what would happen to a company if the managing director and the general manager can't communicate. It just doesn't function.''

Police can issue a Consorting Prohibition Notice under the Summary Offences Act against individuals who match certain criteria involving both their criminal history and police intelligence on their suspected criminal activities.

The penalty for breaching the notice is two years jail.

Majchrak faced Adelaide Magistrates Court last week on a charge of possessing a prohibited weapon - a $14,000 solid gold, two-fingered Finks ring that police have described as a knuckleduster.

Sandery was released from Yatala in August after serving a 14-month sentence for possessing an SKS semi-automatic rifle and 700 rounds of ammunition. He has vowed to seek revenge against Hells Angels rivals who were involved in the shooting of his 11-year-old son in September 2011.

The Consorting Prohibition Notices are not connected to the association orders that can be issued once a bikie gang is declared a criminal organisation under the Serious and Organised Crime (Control) Act.

Police are in the final stages of preparing an application to have the Mongols declared under that Act.

More: Mongols won't fight to keep club fortifications

Adelaide Magistrates Court documents reveal police issued the notice against Majchrak prohibiting contact with Sandery on October 21, just a fortnight after half of the 65-strong Finks members patched over to the Mongols.

Majchrak's lawyer Craig Caldicott lodged an application on November 18 seeking a review of the notice and an order that it be revoked.

The application lists numerous grounds for the review, but primarily states "there was no basis, or proper basis, for being satisfied of the matters'' set out in the notice issued against Majchrak.

The matters "in particular'' were that Mr Majchrak habitually consorted with Mr Sandery; Mr Majchrak and Mr Sandery subscribe to an outlaw motorcycle gang that subscribes to a "1 per cent" culture; that the Mongols MC, as successor of the Finks MC and the Hells Angels MC, are engaged in an ongoing conflict in which Mr Sandery is centrally involved and that prohibiting Mr Majchrak from consorting with Mr Sandery would achieve any of the matters set out in the final bullet point of the notice.

"Further, and in any event, there is no basis, or proper basis for concluding that it was appropriate that a notice be issued . . . either at all, or in the terms issued,'' the application states.

 

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