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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

The long arm of the law strangles riders’ liberty

 

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The long arm of the law strangles riders’ liberty
 

But for the fact some motorcyclists wear club colours and ride Harleys, these laws would not exist. Photo: Pamela Mirghani

David Leyonhjelm

 

For those of us who value liberty highly, the moral panic over outlaw motorcycle gangs is deeply troubling. When the panic subsides, as it inevitably will, we will be left with laws that weaken fundamental liberties and undermine the independence of our judiciary.

The new anti-bikie laws in Queensland do not mention bikies at all. Rather, they refer to “vicious lawless associates”.

Broadly defined, this can be anyone convicted of certain offences (some fairly minor) with current or past association with almost any group.

Those classified face a mandatory 15 years in jail (25 years for office bearers) on top of the normal sentence, with no parole unless they become an informer. The normal onus of proof does not apply either; the accused must disprove the classification.

They also refer to “criminal organisations”, declared on the recommendation of the minister based on any matter he considers relevant. A participant in a criminal organisation present in a public place with two or more other participants is liable for up to 3 years’ jail. It is also an offence to attend “prescribed” events or places. The accused is similarly obliged to prove the organisation is not criminal.

Police may stop, search and detain a participant for questioning at any time. Refusing to answer questions carries a penalty of five years in prison.

Enforced pink

 

Twenty-six motorcycle clubs have been declared criminal organisations, including one that does not exist. The Queensland government says it plans to establish a separate prison for convicted bikies where they will wear pink suits and be locked in their cells for 23 hours a day and denied television and exercise equipment.

It has sold the new laws to the public as highly targeted, designed to disrupt and dismantle the illegal activities of outlaw motorcycle clubs. The Premier says police will not harass or intimidate law-abiding riders, but riders have been told to ring a police hotline if they want to ride in groups of three or more in peace.

The reality is non-declared clubs have been raided and there are numerous stories of innocent motorcyclists being stopped and searched without reason. Uninvolved premises have been “prescribed”, members have been forced to give up certain occupations, and cafes and pubs are suffering from the loss of weekend riders.

Those riding in the same location as a group and caught on police video are liable to be marked as a person of interest, even interstate. There are claims such people have had renewal of their firearms licence declined.

What prompted all this was the infiltration of motorcycle clubs by serious criminals on the Gold Coast and a brawl there between two rival clubs. But while the Gold Coast gangster activity is certainly serious (far worse than the brawl), it is no worse than the mafia, triads and other gangs dealing in drugs, extortion and violent crime.

Failure of policing

 

But for the fact some motorcyclists wear club colours and ride Harleys, these laws would not exist.

What the Queensland laws reveal is a serious failure of policing. Not capable of catching the true criminals among the club members based on what they do, the government has opted to make them all criminals for who they are.

There are already substantial powers to deal with organised crime, including some that are highly coercive and go well beyond Peel’s Principles of policing. In direct conflict with those principles, the new laws are sure to further distance the police from the public.

Those with the power to make and enforce such laws forget they will not always be in a position of authority. One day they will be just ordinary citizens with the potential to be caught by the laws they introduced.

Indeed, a future government of a different political colour could use their wide discretion to imprison Campbell Newman and Jarrod Bleijie as participants in a declared criminal organisation present in a prescribed place. Clad in pink jumpsuits, all that’s missing is a sign over the prison gate declaring “Work sets you free”.

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