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.
A Brisbane judge has adjourned a bikie bail review to seek clarity on Premier's comments on the case
- The Courier-Mail
- October 30, 2013
Brisbane judge George Fryberg was extremely critical of comments attributed to Mr Newman in a media report about the Premier's intention to seek a review of a Holland Park magistrate's decision to grant a so-called bikie bail.
Justice Fryberg yesterday said if comments attributed to the Premier were correct then, Mr Newman had put the court in an invidious position -- as they were clearly intended to put pressure on members of the judiciary to toe the government line.
Lawyers for Director of Public Prosecutions Tony Moynihan, QC, were before Justice Fryberg this morning seeking a review of a decision, on October 18, to grant bail to alleged Bandido Jared Kevin Anthony Brown.
Magistrate Colin Strofield released Brown on conditional bail - including a $20,000 surety - on charges relating to his alleged involvement in a now infamous Gold Coast riot.
Mr Stofield's decision resulted in Mr Newman making statements in the media of his intention to order the Director of Public Prosecutions seek a Supreme Court review of the decision.
Justice Fryberg, at the start of proceedings, asked prosecutor Todd Fuller if Brown's case was the one Mr Newman had referred to in an ABC report.
He was referring to a report last Thursday in which Mr Newman is quoted as saying he wanted the Queensland judiciary to "start realising what the community wants and act accordingly.''
"To protect the community - that's all the Government is after (and) this is all the Queensland Community is after,'' the report quoted Mr Newman as saying.
Mr Newman was also quoted as saying he "respectfully disagreed'' with Mr Strofield's decision to grant bail and wanted judiciary to interpret laws "as they were designed by the Parliament''.
When Mr Fuller confirmed Mr Newman's comments were directed at Brown's case, Justice Fryberg demanded to know if the Premier had since retracted that statement.
"If we (judges) hear remarks on the the record that are not withdrawn it's hard for members of the public to avoid the conclusion that the court was bending to the will of the government,'' Justice Fryberg said.
"The government's principal spokesman (Premier Newman) has publicly told the court what the outcome should be ... and that's what is troubling me.''
Justice Fryberg went on to say if Mr Newman's comments were not retracted he would seek submissions from the DPP and Brown's lawyers as to why the matter should not be stayed permanently.
He then adjourned the hearing until tomorrow, with instructions to Mr Fuller to establish the Premier's current position on the report comments.
Minutes earlier the DPP was forced to withdraw a similar review of a Sunshine Coast magistrate's decision to grant bail to a so-called member of the Rebels outlaw motorcycle gang.
Maroochydore Bernadette Callagahan recently granted bail to alleged Rebels gang member Lorne James Campbell bail.
Mr Fuller told the court the Crown would not proceed with its application as Campbell had pleaded guilty to the charge for which he was granted bail on Tuesday.
Solicitor Adam Magill, for Campbell, said his client was fined $300 after pleading guilty to a breach of bail.
Outside court, Mr Magill slammed the State Government for putting pressure on the DPP to do its bidding.
"It's a disgrace. This is another attempt by the Government to second guess the considered decisions of members of the judiciary,'' he said.
"This is only a sign of things to come. It is out of control.''
Opposition Leader Annastacia Palaszczuk called on Mr Newman to withdraw his attacks on the judiciary in Parliament this afternoon, saying the courts were now in crisis.
"Because of the Premier's extraordinary attacks on the judiciary, we now have a situation where our courts are in crisis,'' she said.
"Today the Premier and the attorney-general need to apologise, they need to withdraw their comments.''
Ms Palaszczuk said there was now an unprecedented standoff between the executive government and the courts and it was Mr Newman's responsibility to resolve it.
"We now have had situation where day in day out the Premier has launched a full scale assault on our judiciary,'' she said.