Justice Kirby to be replaced by NSW judge

Justice Michael Kirby will be replaced on the High Court bench by the New South Wales Court of Appeal judge, Justice Virginia Bell.

She is the fourth woman to be appointed to the High Court and her appointment will take effect from February 3 next year.

Justice Kirby will retire after reaching the mandatory retirement age.

Justice Bell began her career with the Redfern Legal centre in 1978 and served as counsel assisting the Royal Commission into the New South Wales Police Services.

She has also sat on the bench of the New South Wales Supreme Court and as a Commissioner with that state's Law Reform Commission.

Quote: As anyone can see by these links and perhaps many more posted elsewhere, His Honour Justice Michael Kirby has spoken out for social justice issues. I do hope that Virginia Bell follows in his footsteps. From the team Mr Kirby...Thanks.

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Brennan to head human rights consultation
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Failures show need for bill of rights - Kirby
High Court Judge Michael Kirby says government failures on law reforms justify enacting a charter of rights.

Same-sex relationship laws still lagging
High Court Judge Michael Kirby says despite moves to amend discrimination in a number of federal laws, same-sex relationships have been left behind.

Judge attacks disparity in laws
Australia has a long way to go in protecting the rights of women, Aborigines, migrants and homosexuals, High Court judge Michael Kirby said.

Push for federal charter of human rights
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Poor pay sees lawyers stop legal aid work

The Law Institute of Victoria is predicting that the state's court system will be overloaded with unrepresented clients because of inadequate funding for legal aid.

The institute says pay for legal aid work has become so poor and the workload so great that hundreds of lawyers have made the decision to immediately stop taking on cases.

A recent survey by the Federal Attorney-General's department showed that a third of law firms that have done legal aid work in the past have stopped mostly because the rate of pay is about half the going commercial rate.

The president of the Law Council of Australia, Ross Ray, says it is a national problem for all state governments and the Commonwealth.

"The system is really calling out for help and it is time the State and Federal Government paid appropriate attention to the issues. It is the community that loses out and it really is time this was dealt with," he said.

The president of the Law Institute of Victoria, Tony Burke, says the legal aid system in Victoria is in crisis and legal aid lawyers are preparing to down tools.

"We are expecting that as a consequence, there will be delays in the courts," he said.

"The courts will struggle. Judges and magistrates will have to deal with many more unrepresented people. There will be inconvenience. The cost of running the courts will increase. The cost of policing will increase and the cost of corrections will increase.

"For too long in Victoria we have had what is effectively a gaping wound in the criminal justice system and it has been patched over by the unpaid labour of lawyers in the worst-paid sector of the private legal profession. Now that unpaid labour won't any longer be available and the problem will get worse."

Mr Burke says legal aid lawyers were once paid almost as much as they could earn from paying clients, but now they earn somewhere between 15 and 45 per cent of the average private fee.

"The Victorian Bar recently did some research which shows that junior barristers, for example, who in the main would have had at least six years of tertiary education and several years in practice, are earning as little as $36,000 a year," he said.

"And that is sometimes half and less than a half of what is being paid to the public prosecutors at the other end of the bar table and it is even less than what is being paid in the private profession."

Mr Burke says lawyers who take on legal aid cases are now required to do more background work than in the past and they are not getting paid for it.

"We are expecting that some hundreds of lawyers who in the main are doing legally aided work will cease to do this effectively pro bono or charity work that isn't covered by legal aid and that will have a reverberation through the system," he said.

"That happens now. That is beginning today, the practitioners are saying enough is enough. They are not going to continue with this charity work they are not paid for any longer."

The state Attorney-General's office referred request for comment to the managing director of Legal Aid Victoria, Bevan Warner.

Mr Warner is urging lawyers not to stop working for legal aid.

"Well, it would have a significant impact and I sincerely hope that that doesn't occur," he said.

Mr Warner confirmed Victoria Legal Aid had an operating deficit of more than $20 million last financial year, and said there should be more Commonwealth funding.

"Whereas the State Government has provided ongoing assurances in relation to funding sufficient to preserve service levels, the Commonwealth Government has not and services in Commonwealth law matters have had to be reduced by 30 per cent," he said.

"Ten years ago the Commonwealth Government contributed approximately 60 per cent of legal aid funding and last year this figure had dropped to 30 per cent.

"Now Commonwealth's policy is to encourage parents to focus on their needs of their children when they separate and just yesterday I was advised of a situation where a parent on income support had not seen their eight-year-child for some years and having a home with $170,000 equity meant they were ineligible for legal aid to have a lawyer put the case for contact with the child.

"Now the only option available to this parent was to sell or refinance the home and to fund their own action."

Mr Warner says lawyers' fees are now under review.

"Legal aid is committing to reviewing its fee structures to ensure that the time allowances that are comprehended in our fee structures are contributing to an effective court system and one that avoids unnecessary court events," he said.

"But it is important that we align these time allowances with proposed new court procedures that will come into effect late next year and the Law Institute is aware of these plans."

A spokesman for the Federal Attorney-General, Robert McClelland, says legal aid received a one-off funding boost of $7 million last year, including about $2 million dollars for Legal Aid Victoria.

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Law council backs Family Court merger plan
The Law Council of Australia has backed recommendations to revamp family law by integrating the Family Court with the Family Law Division of the Federal Magistrates Court.

Failures show need for bill of rights - Kirby

High Court Judge Michael Kirby says government failures on law reforms justify enacting a charter of rights.

Justice Kirby says decision making power began moving from Parliaments to party leaders and executive government.

He says some reforms are not sexy enough to get Ministerial attention and are neglected.

" The defects in institutional parliamentary proceedings ... are a further reason to consider in Australia a charter of rights," he said,

Justice Kirby says it could be useful for Judges to have a role in prodding Parliaments when breaches of fundamental human rights outlined in a charter are allowed within the law.

Related:

Judge attacks disparity in laws
Australia has a long way to go in protecting the rights of women, Aborigines, migrants and homosexuals, High Court judge Michael Kirby said yesterday.

Suspended sentence in winery terrorist plot
A Victorian grape grower who planned to blow up a rival winery in the state's north-east has been given a suspended sentence.

Some Risdon inmates in solitary confinement for years: reports
Risdon's solitary confinement unit is under investigation. The Tasmanian Ombudsman has begun an investigation into the unit after hearing inmates have not had access to enough sunlight or fresh air.

Black Australia's doing fine, says G-G
The Aboriginal leader Pat Dodson said the head of state's remarks were superficial and suggested that all that was needed was to "force these [remote] people out of their communal ways …

Women's battle for equal pay continues
ALMOST 40 years after it became unlawful to pay women less than men for equal work of equal value, women are still earning on average $196 a week less than men.

Push for federal charter of human rights
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QLD judge-only trials 'not the answer'
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Planned phone-tapping laws in Qld
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Watered down same-sex laws pass in ACT
Laws granting same-sex couples legal recognition passed the ACT Legislative Assembly Thursday night, but the territory government is still furious it was forced to water down its legislation.

Australia: Concerns of a police state
Cameron Murphy...a massive reduction in police accountability to the community. NSW police now have special emergency powers to bug or track people for up to four days without a warrant. Under the biggest shake-up to the state's surveillance laws, police will have up to four days to monitor people before needing to apply retrospectively for an emergency warrant from a Supreme Court judge. NSW Attorney-General John Hatzistergos said the new police powers flowed from an inter-governmental Australian terrorism summit in 2002.

Australia to sign up to anti-torture treaty
Australian complicity in War Crimes in the Middle East, Torture, Rendition. In Australia Draconian Laws, Indefinite Solitary Confinement of prisoners at places like the HRMU at Goulburn Correctional Centre.

UN Torture Committee Blasts Australia
In its report on Australia, the Torture Committee was critical of Australia's prisons, counter-terrorism laws, mandatory immigration detention and of the way Australian officials have ignored torture and mistreatment overseas in places like Abu Ghraib.

LINE IN SAND ON MENTAL HEALTH
“Patients under state control have had their social interaction reduced, and right to smoke removed. These vulnerable and isolated citizens, to whom the state owes a special obligation, are extremely distressed and have asked for community assistance,” said JA spokesperson Michael Poynder.

Faheem Lodhi - another non-terrorist jailed under Australia's 'anti-terror' laws? Jack Thomas, a non-terrorist, has been jailed under Australia's anti-terror laws. Now Faheem Lodhi has been convicted under the terror laws on flimsy, circumstantial evidence. It is likely he is another non-terrorist jailed for political purposes under the terror laws.

Police illegally raiding homes: lawyer

A Gold Coast lawyer says police raided the home of his client for no reason.

Glenn Mylne is also representing four Gold Coast police officers who say they have been involved in 'raid days' when illegal warrants are issued to search the homes of innocent people.

They have made complaints to the Crime and Misconduct Commission (CMC).

The Queensland Police Service (QPS) says it has been investigating complaints against some of its officers for almost a year.

The QPS says it is investigating the officers' complaints, but is unaware of complaints from anyone who has had a search warrant served on them.

But Mr Mylne says illegal 'raid days' have been happening for five years and one of his clients is affected.

He says it may not be appropriate for justices of the peace to issue search warrants.

"The standard required by a magistrate would be expected to be higher than the factual standard required by a justice of the peace, who, when it comes down to it, don't have any real legal training," he said.

A police media statement says the Ethical Standards Command has been trying for nearly a year to get specific information about wide-ranging and nebulous complaints from a small group of officers.

It says one of the officers has been stood down and is facing serious criminal charges.

Same-sex relationship laws still lagging

High Court Judge Michael Kirby says despite moves to amend discrimination in a number of federal laws, same-sex relationships have been left behind.

Delivering the Rights Australia inaugural John Marsden lecture in Sydney last night, Justice Kirby said denying homosexuals the civil status of marriage was discriminatory.

He said that while many other countries had adopted marriage or civil union laws to protect the civic rights of same-sex couples, Australia lagged behind.

"In Australia, legislation is presently before the Federal Parliament to rectify the discriminatory provisions in a large collection of federal laws," he said in his speech.

"However, relationship measures lag behind."

Justice Kirby said even civil unions seemed a bridge too far.

"The relationships of same-sex couples can only be registered, rather like a dog or busker's licence."

"I hope that fellow citizens of goodwill who think upon this will not be surprised if many homosexual people in loving relationships say politely to this differentiation: 'Thank you, but no thank you'."

Justice Kirby said the debate on recognition for same-sex unions would continue in Australia.

"The direction of history, at least in countries like our own, seems to be in favour of the abiding principle of the equality of citizens of all ages, races, colours, creeds and sexualities," he said.

Marsden

Mr Marsden was president of the NSW Law Society and the NSW Council of Civil Liberties during his career.

He died in 2006.

Justice Kirby said Mr Marsden was a considerable achiever, although not without flaws.

"He was courageous and fought tenaciously for civic equality in Australia," he said.

"That is why the lecture has been named after him."

Other criticisms

Justice Kirby also used the lecture to criticise sodomy laws, which still exist in more than 30 Commonwealth countries including Zimbabwe.

He said he had been invited to speak on that topic at the 2009 Commonwealth Law Conference in Hong Kong.

"If John Marsden were here, he would be urging us all to lift our voices to tackle this relic of colonialism which, like the death penalty, persists in many Commonwealth countries, supposedly bound together by mutual respect for human rights," he said.

"Whereas in some countries the criminal laws have been repealed and reformed, the root cause for the animosity and hostility to homosexual people remains the teachings of religious leaders.

"The pain that John Marsden felt over the teachings of his church are translated in many countries, including sometimes our own, into violence, blackmail, hatred, stigma and discrimination."

Justice Kirby retires from the High Court next March.

Related:

Senate to mull gay couple law changes
Debate will begin in the Federal Senate today over proposed changes to remove discrimination against same sex couples.

Concern over anti-terrorism laws

THE Haneef inquiry emerged briefly into daylight yesterday to hear the former chief justice Sir Gerard Brennan express concern that security laws are causing "too great an erosion of our fundamental rights".

Sir Gerard was speaking at a forum examining what he called the "novel" and "drastic" anti-terrorism laws used to detain and interrogate the Gold Coast doctor Mohamed Haneef for 12 days in July last year.

Dr Haneef was charged with terrorism offences but these charges were later dropped. A former judge, John Clarke, QC, is conducting an inquiry into the fiasco.

Sir Gerard listed three areas of concern: "Unjustified discrimination, which drives a wedge between elements of our society; excessive interference with human rights, and absence of judicial supervision which exposes individuals to oppressive exercises of power."

The former chief justice spoke of lack of transparency in the detention process and lack of effective access to the courts. He asked: "Is it possible to devise an effective pathway to legal advice and to a court exercising habeas corpus jurisdiction, casting on the Commonwealth authorities the burden of justifying detention, compulsory questioning and isolation of individuals from contact with family and friends?"

Sir Gerard was plagued by calls on his mobile phone while speaking at the microphone. "Does anybody know how to control these things," he asked. "I'm dashed if I do."

The president of the Law Council, Ross Ray, QC, said: "The price the government agencies must pay for assuming greater powers is an increased level of public scrutiny of their actions."

Speaking in public for the first time since his inquiry began, Mr Clarke rejected calls for him to be given royal commission powers to compel witnesses to give evidence and produce documents. Things were going well with the powers he had, he said. "I remain unconvinced that the alternative would have been more effective." He is due to report in November.

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Haneef's lawyer says inquiry is weak
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Stand down, lawyers tell Keelty
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Haneef to seek compensation
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Haneef advice ignored by Andrews: lawyers
Lawyers for former Gold Coast-based Dr Mohamed Haneef say they have obtained new documents showing former immigration minister Kevin Andrews ignored advice from his own department.

Haneef's lawyer wants secret dossier released
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Haneef lawyers want more powers in probe
Lawyers acting for Mohamed Haneef want an inquiry investigating the failed terrorism case against him to be given the powers of a royal commission.

Haneef case evidence 'to remain secret'
The retired judge who is investigating the case of Dr Mohamed Haneef says much of the evidence he has received will have to remain secret.

AFP denied lawyer to Haneef: report
Mohamed Haneef's lawyers say the Australian Federal Police (AFP) repeatedly denied their client's request for a lawyer to be present during his first interview.

Legal experts to mull Haneef case
The head of the inquiry, retired Supreme Court judge John Clarke QC, says the forum will examine legislation as it applied to Dr Haneef.

Terror suspects held in 'repressive' conditions: lawyer
Lawyer Rob Stary who represented five of the men convicted of terrorism related offences said the conditions they were held in were 'repressive. He said the Government should review the anti-terror laws.

Key witness terrorism trial previously jailed
Outside the court, defence lawyer Rob Stary criticised Federal Attorney-General Robert McClelland for comments made while the trial was still underway.

'Traumatic, stressful' terrorism trial - lawyer
A lawyer for one of the men found not guilty in Australia's largest [scapegoat] terrorism trial has spoken about the effect of the long-running trial on his client and on his own life.

Benbrika guilty on terrorism charges
A Victorian Supreme Court jury has found Abdul Nacer Benbrika guilty [Draconian Laws] of leading a terrorist group.

Jury discharged in terrorism book trial
Khazaal's barrister said his client wrote just two paragraphs in the book, with most of it written by other people.

Jury finds man guilty of terrorist book charge
A Supreme Court jury has found a man guilty of one terrorism-related offence and is still considering its verdict on a second terrorism-related charge.

Judge attacks disparity in laws
Justice Kirby was at the University of NSW last night to accept an honorary Doctorate of Laws for his ''eminent service to the community''.

Suspended sentence in winery terrorist plot
A Victorian grape grower who planned to blow up a rival winery in the state's north-east has been given a suspended sentence.

High Court rejects appeal against Thomas retrial
The High Court has rejected an application for an appeal by Melbourne man Jack Thomas against his retrial on terrorism-related charges.

Bill: Independent reviewer for terrorism laws
Two Liberal Senators have introduced a private member's bill calling for an independent reviewer of terrorism laws.

Push for overhaul of laws on terrorism
In a paper in Judicial Review he said that the National Security Information Act "gives the appearance of having been drafted by persons who have little knowledge of the function and processes of a criminal trial".

Court denies Lodhi leave to appeal
Lodhi claimed the trial did not establish that he had actually decided to carry out a terrorist attack.

Thomas to appeal retrial order
Lawyers for Victorian man Jack Thomas will appeal to the High Court against a decision to retry him on terrorism related charges.

Court orders retrial for Jack Thomas
The Court of Appeal has ordered that Victorian man Jack Thomas must be retried on terrorism-related charges.

Push for overhaul of laws on terrorism
In a paper in Judicial Review he said that the National Security Information Act "gives the appearance of having been drafted by persons who have little knowledge of the function and processes of a criminal trial".

Court denies Lodhi leave to appeal
Lodhi claimed the trial did not establish that he had actually decided to carry out a terrorist attack.

Hicks media gag order ends
As part of the deal, he was also banned from speaking to the media after his release in December 2007.

Terror trial halted over prison conditions
A Supreme Court judge has put a Melbourne terrorism trial on hold and ordered Corrections Victoria to change prison conditions of the 12 accused men

Faheem Lodhi - another non-terrorist jailed under Australia's 'anti-terror' laws? Jack Thomas, a non-terrorist, has been jailed under Australia's anti-terror laws. Now Faheem Lodhi has been convicted under the terror laws on flimsy, circumstantial evidence. It is likely he is another non-terrorist jailed for political purposes under the terror laws.

Legal experts to mull Haneef case

The handling of the case of Mohamed Haneef will be discussed at a public forum in Sydney today.

It is part of an inquiry into why the former Gold Coast-based doctor was charged over a terrorism plot in the UK and why the case against him collapsed.

The head of the inquiry, retired Supreme Court judge John Clarke QC, says the forum will examine legislation as it applied to Dr Haneef.

Among the invited speakers are former High Court chief justice Sir Gerard Brennan and Ross Ray QC from the Law Council of Australia.

Australia's counter-terrorism laws will be scrutinised at a public forum in Sydney today.

The inquiry is due to report back to the Federal Government by mid-November.

Quote: What happened to Dr Haneef is similar to what happened to all the alleged terrorists. Draconian laws - and people used as scapegoats - in the so called war on terror - which is state terror - that serves as propaganda to fuel the illegal and degrading wars - and crimes against humanity - perpetrated on Iraq and Afghanistan.

Where are the terrorists? There has to be terrorists. Otherwise the war on terror is fake. Like, no weapons of mass destruction in Iraq!!! None other than those used by the state terrorists, the coalition of the killing, in pre-emptive wars on foreign nations states.

Related:

Haneef's lawyer says inquiry is weak
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Stand down, lawyers tell Keelty
THE Australian Federal Police Commissioner, Mick Keelty, should stand down pending the outcome of the Clarke Inquiry into the handling of the Haneef case, the Australian Lawyers Alliance said yesterday.

Haneef to seek compensation
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Haneef advice ignored by Andrews: lawyers
Lawyers for former Gold Coast-based Dr Mohamed Haneef say they have obtained new documents showing former immigration minister Kevin Andrews ignored advice from his own department.

Haneef's lawyer wants secret dossier released
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Haneef lawyers want more powers in probe
Lawyers acting for Mohamed Haneef want an inquiry investigating the failed terrorism case against him to be given the powers of a royal commission.

Haneef case evidence 'to remain secret'
The retired judge who is investigating the case of Dr Mohamed Haneef says much of the evidence he has received will have to remain secret.

AFP denied lawyer to Haneef: report
Mohamed Haneef's lawyers say the Australian Federal Police (AFP) repeatedly denied their client's request for a lawyer to be present during his first interview.

Legal experts to mull Haneef case
The head of the inquiry, retired Supreme Court judge John Clarke QC, says the forum will examine legislation as it applied to Dr Haneef.

Terror suspects held in 'repressive' conditions: lawyer
Lawyer Rob Stary who represented five of the men convicted of terrorism related offences said the conditions they were held in were 'repressive. He said the Government should review the anti-terror laws.

French sworn in as Chief Justice

Robert French replaces Murray Gleeson who retired last week.

Robert French has been sworn in as Chief Justice of the High Court at a special sitting of the court in Canberra.

Justice French is the first Western Australian to head the court and is well known for his work on Aboriginal rights.

He chaired the Native Title Tribunal for four years and helped establish the Aboriginal Legal Service in WA in the 1970s.

Law Council of Australia president Ross Ray paid tribute to Justice French's early career.

"Your law firm practice was extraordinarily diverse and you did a substantial amount of work without fee," he said.

"You found it hard to say no.

"It's said that Your Honour took to a new level the tradition in the Australian legal profession of putting back into the profession and into the administration of justice significant voluntary and informal pro bono work."

Federal Attorney-General Robert McClelland told the ceremony, Justice French has an outstanding reputation as a jurist.

"You are renown for combining your technical legal excellence with a wide interest in broader social and economic issues," he said.

"As a result of your experience at the National Native Title Tribunal, Your Honour has had first hand exposure to cultural diversity and the particular problems facing Indigenous Australians."

New judges SA Supreme, District Courts

South Australia's solicitor-general Chris Kourakis has been appointed as a Supreme Court judge.

He replaces Justice Bruce Debelle, who retired last month after 18 years on the bench.

Justice Kourakis becomes the first in SA to take the Senior Council title instead of Queens Counsel.

Attorney-General Michael Atkinson says he is pleased to make the appointment.

"We don't expect another appointment in the Supreme Court for some time to come so it was important now to set a firm base for the Supreme Court's future and I think Chris Kourakis is recognised as the most outstanding silk in South Australia," he said.

The SA Government has also bolstered the strength of the District Court to help clear a backlog of criminal cases.

Long-serving prosecutor Peter Brebner has been appointed.

SA's new solicitor-general is Martin Hinton, who has served as a senior crown prosecutor in the office of the Director of Public Prosecutions for the past eight years.

Push for federal charter of human rights

High Court Judge Justice Michael Kirby has again called for Australia to adopt a charter of human rights.

Justice Kirby made the remarks in response to a commitment by the Federal Government to consider the issue last year.

Victoria and the ACT have already adopted their own charters of human rights.

Justice Kirby told the Law Institute of Victoria he expects a similar charter to be accepted at a federal level.

"What we all have to do is to try to understand the ... what it's like to wear other shoes," he said.

"And essentially that is what a fundamental charter and principles encourages people to do."

QLD judge-only trials 'not the answer'

Civil libertarian Terry O'Gorman says judge-only trials are not the answer.

Laws to go to Parliament next week will allow the prosecution or the defence to apply for a trial to be heard by a judge-only in some complex or notorious cases.

In rare notorious or complex trials, judges may sit without a jury.

Civil libertarian Terry O'Gorman says judge-only trials are not the answer in matters such as the Ferguson and Patel cases.

"In controversial trials, the only way to deal with recent problems is to allow questioning of jurors," he said.

"If the judge-only trial is being brought in to deal with recent incidents of controversial figures and media excessive publicity, we reject it for that reason.

"We say the real way of fixing up that problem is to allow questioning of jurors."

Wrongful convictions

Retired Supreme Court Judge Jim Thomas said hung juries can waste a lot of money, but the community must decide whether it's prepared to bear that cost in return for a superior system.

"There's a greater risk of a wrongful conviction if you have a chance of someone being convicted by an 11-to-one vote than there is on a 12-nil vote," he said.

Mr O'Gorman is also opposed to majority verdicts.

"We say how can a verdict possibly be beyond reasonable doubt if one juror simply doesn't agree?" he said.

"We say that majority verdicts aren't healthy and they just encourage compromise, and that's not a proper way to run a jury system."

Related:

Justice Action submission regarding Dennis Ferguson, the ICOPA Resolution, and the Qsld Government review of sex offence management, is downloadable from their website.

Here is the Qsld review ”A New Public Protection Model for the Management of High Risk Sexual and Violent Offenders”.

Father of two offers home to Dennis Ferguson
A father of two has offered to share his home with convicted pedophile Dennis Ferguson. Brett Collins, an ex-prisoner and advocate for prisoners' rights, has offered to have Ferguson live with him in his Sydney home. Mr Collins says he is angered by the community uproar surrounding Ferguson.

Paper faces stalking charge
Queensland Police Commissioner Bob Atkinson will be asked to consider charging a newspaper with stalking after it asked readers to help put a man back in prison.

Crime files reviewed under new law

South Australian police are reviewing as many as 10 old criminal cases, as double jeopardy [draconian] law takes effect.

People acquitted of major crimes, such as murder or manslaughter, could now face a second trial.

SA Attorney-General Michael Atkinson says a new trial would only occur where there was new evidence, or where an acquittal was considered tainted or justice had been hampered. [Or where the authorities and corporate media weren't satisfied?]

He said between five and 10 cases were again under scrutiny.

"There are cases now being re-investigated by the police that will be able to be brought to trial by this change in the law, but for obvious reasons I'm not at liberty to tell you what those cases are," he said.

Related:

Burrell to appeal again over Whelan murder
The High Court has ordered the New South Wales Court of Criminal Appeal to re-hear an appeal by convicted murderer Bruce Burrell.

Burrell sentenced to life for Whelan murder?
In his defence, his lawyers argued that the prosecution case was based on speculative and intrinsically flawed circumstantial evidence. What's more, Bruce Burrell's lawyers pointed out there wasn't a shred of forensic evidence linking him to the crime. Not a single hair, not even a microscopic trace of Kerry Whelan's DNA was ever found, despite extensive searches of his cars and property. [But the jury's guilty verdict demonstrates that a strong circumstantial case can be sufficient to ensure a conviction?

TRIAL BY MEDIA! or trial by a Jury?
Once a person is charged there should be a media black ban on that case until a jury has found the person either guilty or not guilty. If the media have the power to elect our political parties then they also have the power to find people guilty. Especially people who are being tried over and over again. Now with no double jeopardy rules and majority verdicts in NSW then high profile cases have become susceptible to being tried by the media and not by the jury in my humble opinion.

Power struck off over child porn conviction

Former New South Wales deputy crown prosecutor Patrick Power has been struck off the roll of legal practitioners after his conviction for child pornography.

The 55-year-old was convicted after pleading guilty to downloading explicit material from the internet.

He was originally sentenced to a non-parole period of eight months but this was reduced on the grounds the former prosecutor had to serve the sentence in an isolation unit.

He spent six months in an isolation unit at Long Bay jail and was released in January this year.

Following the conviction, the NSW Bar Association removed his practicing certificate.

Today, the association has been successful in having Mr Power permanently removed from the state's roll of legal practitioners.

The court heard he was guilty of professional misconduct, and not a fit and proper person to remain on the roll.

Mr Power has also been ordered to pay court costs.

Child abuse compo must be fairer: lawyer

A lawyer says SA needs a fairer scheme to compensate abused former state wards

The lawyer for alleged victims of child abuse has written to the South Australian Premier urging that a fairer compensation scheme be set up.

Peter Humphries says his law firm is representing about 150 people who were former wards of the state.

He says the SA Government's current compensation scheme can result in discrepancies in payouts between victims of similar types of abuse.

Mr Humphries says pursuing compensation through the courts can be also be stressful for victims and he favours a statutory scheme.

"My guess is that even those who might have a reasonably good case to take to court would probably opt to get involved in some statutory scheme as I say if that was reasonably fair," he said.

The recent Mullighan inquiry investigated cases of abuse among former state wards and made a range of recommendations to the SA Government.

Related:

Compensation for SA sex abuse victims
The South Australian Government says it will focus on compensation for victims, now that the inquiry into the sexual abuse of children in state care is complete.

Top lawyers demand corruption probe

South Australia's top lawyers are petitioning State Parliament for an inquiry into corruption.

Petition organiser Craig Caldicott says the lawyers each have experienced first-hand, or heard anecdotal evidence of, corruption across all levels of government.

The list of supporters include Mark Griffin QC and SA Director of Public Prosecutions Stephen Pallaras.

Mr Caldicott says the group wants an independent commission against corruption set up in SA, like those elsewhere.

"Why is it only in South Australia we don't need such a body where every other state in Australia has similar concerns and has very functioning commissions into corruption?" he asked.

"We have the opposition calling for it, we have the independents calling for it and we now have a large number of lawyers who are calling for such a commission.

"It is a clear signal to the Government that this is what is needed."

Related:

Murder prompts police complaints review
The coroner found Adelaide police made 49 mistakes in failing to investigate the circumstances leading up to the shooting murder of Chris Wilson, 23.

MP's push to scrap Police Complaints Authority
A South Australian politician is drafting legislation to scrap the Police Complaints Authority following a coronial report released yesterday. The report identified 49 mistakes by police which contributed to the murder of 23-year-old Chris Wilson.

Call for ICAC in SA
The South Australian Opposition has renewed its call for the Government to establish an Independent Commission Against Corruption (ICAC).

Haneef inquiry could be waste of time and money: lawyer

The lawyer for former Gold Coast [scapegoat] terrorism suspect Dr Mohamed Haneef says he is worried a Government-ordered inquiry into the case will be a waste of time and money.

It is believed that Australian Federal Police Commissioner Mick Keelty and former immigration minister Kevin Andrews will neither give evidence in public nor face cross-examination during the inquiry which is due to begin next week.

Peter Russo says he is concerned that the full facts about last year's bungled prosecution might not be revealed.

"The problem is that the inquiry should be able to get to the truth, but without having proper coercive powers there is some difficulty in the inquiry getting to the bottom of why Mohamed was first of all detained, and what information the AFP were in possession of," he said.

Related:

Haneef: The Interrogation.

Genre
Theatre
Location
Carlton Courthouse
Address
349 Drummond St, Carlton
Date
16 April 2008 to 3 May 2008
Phone Bookings
(03) 9347 6142

There is little moralising; the real villain is the legislation itself.

Someone must have been telling lies about Dr Mohamed Haneef, because without having done anything wrong he was arrested one fine evening.

OK, so you have heard the Kafka line 100 times before, but as Graham Pitts' play about the Haneef affair suggests, there is an uncanny and disturbing correspondence between Dr Haneef's detention by Australian Federal Police in Brisbane in July 2007, and that of Joseph K. in Kafka's The Trial.

As it is, what is on trial in Haneef: the Interrogation is not so much Haneef or the police, but the anti-terrorism legislation that allowed and facilitated his arrest in the first place.

Pitts has based his play on the transcripts of more than 6000 questions asked of Dr Haneef during his detainment on suspicion of assisting a terrorist organisation. There are two basic roles, that of Haneef (Adam McConvell) and his interrogator (Simon King), and both actors demonstrate a fine commitment to the understandably wordy script.

Pitts uses the transcripts verbatim, but he injects a further dimension into the play by having the actors periodically step out of character to comment on the action, and the frequent absurdity of their discourse.

These shifts in tone and perspective bring fresh insights, though not all are successfully executed. The first transition, in particular, is difficult to bring off, especially as the audience is not expecting it. This feature will no doubt improve, however, as the actors settle into the rhythms of the play and their multiple roles.

This production makes simple but effective gestures to interrogation, with chairs, naked light bulbs, and closed-circuit TV projections dominating.

The director, Gorkem Acarolgu, toys with the audience at times, but ensures that absurdity and indignation go hand in hand with anxiety and uncertainty, just as in Kafka.

Pitts has edited the transcripts carefully, allowing the characters of the interlocutors to develop. Our sympathies are pushed towards Haneef, with a few jokes generated from dim-witted questions by the interrogator.

Yet like the complex treatment of interviewing detainees in Theatre du Soleil's Le Dernier Caravanserail (seen here in 2005), the play is careful not to over-simplify, nor to belittle the policemen who, after all, are just doing their jobs. There is little moralising; the real villain is the legislation itself.

Haneef tickets going fast, writer to speak

The Civil Rights Defence tickets for 'Haneef: the interrogation' are going fast.

The writer, Graham Pitts, has agreed to give a forum at the end of the
performance! Graham is a great raconteur. The La Mama bar will also be open

To reserve a ticket email:
tebbutt.john@gmail.com

The tickets are $20. The event is a CRD fundraiser.

Tickets can be picked up & paid for at the New International Bookshop (see
below)

Performance details:
Friday, May 2nd, 6.30 (no late entries)
La Mama Carlton Courthouse,
Drummond St (nr the cnr of Elgin).
Pick up and pay at:
New International Bookshop in Trades Hall Building
54 Victoria St (cnr of Lygon St) Carlton, 9662 3744.
They only accept cash.
Opening Hours:
Tuesday-Friday: 12pm-7pm
Saturday: 12.30pm-5pm
Call to confirm late opening
Closed Sunday & Monday

Haneef's lawyer says inquiry is weak
The inquiry into Australian authorities' handling of the Mohamed Haneef case needs stronger powers to avoid becoming a "toothless tiger", the former terror suspect's lawyer says.

Push for overhaul of laws on terrorism
Anti-terrorism laws are just 'state sanctioned terrorism' aimed at 'innocent people' and using them as 'scapegoats' for Australia's 'alleged war on terror'. These laws were meant to project 'fear' in the community that we somehow need to be protected so that the government can wage war on innocent people for resources around the world unchallenged.

Hicks media gag order ends
As part of the deal, he was also banned from speaking to the media after his release in December 2007.

Habib mistreated but not in Aussie embassy
There was little doubt that Mamdouh Habib was badly mistreated after he was detained by Pakistani and US authorities in the wake of the September 11 attacks and no doubt whatsoever that he was taken to Egypt against his will, a Federal Court judge has found.

ASIO, police don't trust each other, report finds
A LACK of trust between the Australian Federal Police and ASIO has hindered co-operation between the anti-terrorism agencies, a report commissioned after the collapsed prosecution of the Sydney doctor Izhar ul-Haque has found.

Secret policemen's bill: $7.5m
Mr McClelland separately ruled out compensating or apologising to the Sydney medical student Izhar Ul-Haque, who a Supreme Court judge said had been kidnapped by ASIO officers. The conduct of ASIO in the case of Mr ul-Haque, who was cleared of terrorism charges, is being reviewed by the Inspector-General of Intelligence and Security, Ian Carnell.

Tough police powers outlive APEC
CONTROVERSIAL powers granted to NSW police during last year's APEC summit are likely to be made permanent - or at least available to police for any special event - under a proposal to be taken to state cabinet.

Faheem Lodhi - another non-terrorist jailed under Australia's 'anti-terror' laws?
Jack Thomas, a non-terrorist, has been jailed under Australia's anti-terror laws. Now Faheem Lodhi has been convicted under the terror laws on flimsy, circumstantial evidence. It is likely he is another non-terrorist jailed for political purposes under the terror laws.

Sydney paedophile has sentence reduced

The Court of Criminal Appeal in Sydney has reduced the jail sentence of convicted paedophile Gary Featherstone by six years.

The 59-year-old former music teacher was sentenced to 13 years jail in 2006 after pleading guilty to 12 charges of indecently assaulting four young boys.

The assaults occurred between 1983 and 1989 on victims aged between 11 and 14.

At the time of sentencing, the judge described Featherstone as a predator who targeted vulnerable boys for his own pleasure.

But Featherstone today successfully appealed against the severity of his sentence.

He will now spend a minimum of seven years in jail and will be eligible for parole in September 2011.

Outlaw politicians' lies, 2020 told

Prominent Victorian barrister Julian Burnside QC has asked this weekend's 2020 summit to support a plan to make it illegal for politicians to lie to the public.

Mr Burnside is attending the future of governance session at this weekend's summit in Canberra.

And he has warned that many of the reform ideas coming out of the summit could be worthless without a more fundamental change in public life.

"If politicians are able to lie to us, mislead us about what's going on, about what they're planning to do, the whole system will not work," he said.

"We can have all these elaborate ideas [about] re-designing the constitution, but if they lie to us we can't hold them to account."

Support for a republic and changes to the constitution were prominent among the early exchanges in the governance session this morning.

The participants will continue their group discussions throughout the afternoon before coming together for today's final session.

Ruthless and grubby: DPP lashes Morris Iemma's team

THE Director of Public Prosecutions, Nicholas Cowdery, has dumped a bucket on the Iemma Government, describing it as "ruthless", guilty of "grubby" tactics and saying it has "crucified" his office.

Mr Cowdery also said he believed the Premier, Morris Iemma, was controlled by backroom powerbrokers and that the Attorney-General, John Hatzistergos, was a "micro-manager" who had lost sight of the "bigger picture".

The interview came in the wake of an Auditor-General's report, ordered by the Treasurer, Michael Costa, which found the Director of Public Prosecutions' office had failed to demonstrate it was efficient and that over the past five years its budget had been increased by 40 per cent while its caseload fell 30 per cent.

The Government will use the report to place a politically appointed executive director in the office to manage finances, with the position to have the same status as a deputy director of public prosecutions.

Mr Cowdery expressed concern at that appointment, saying it could lead to the DPP's independence being compromised and endanger politically sensitive cases such as the recent conviction of the former minister Milton Orkopoulos for child sex offences.

Mr Cowdery blamed legislative changes, public sector pay rises and difficult cases for the figures produced in the report. He said the budget had been increased because it was previously inadequate and said the report should have focused on workload, rather than caseload. He said in the past year there had been a 15 per cent increase in caseload.

Mr Cowdery said he and his staff had been "targeted" and "crucified" by Mr Costa, who wrote to the Auditor-General requesting the report.

"It seemed to me from the request that Costa made to the Auditor-General that he was looking for some basis for criticism of this office," Mr Cowdery said. "Despite the words that are spoken from time to time, the Government is not comfortable with the idea of an independent office of the DPP making prosecution decisions independently of outside influence.

"Certainly since the last election there has been a refocused targeting of me and independent prosecutors."

He pointed to laws introduced last year establishing limited periods of tenure for his successor and crown prosecutors, "the continuing refusal to acknowledge we are in financial difficulty in this office", and "the suggestion there should be an executive director appointed" as ways his office was undermined.

Mr Cowdery accused Mr Hatzistergos and his office of exerting "constant pressure by correspondence and otherwise" on him and his office.

"My experience with the Attorney-General has been that he likes to micromanage the activities of the agencies in his portfolio and particularly this office and my concern is that in that micromanagement he may lose sight perhaps of the bigger picture that policymakers need," Mr Cowdery said.

Asked his opinion on the Premier, Mr Cowdery said that he had never met him but "my view is that he probably acts at the urging of others behind the scenes rather than establishing his own agenda and running with it".

He said Mr Costa was "a very determined and forceful individual who likes to get his own way".

Mr Cowdery said the appointment of an executive director would lead to the "politicisation" of his office with a "political appointment to a senior managerial position".

"The public needs to know that there will not be outside influences, perhaps subtle ones … pushing the decision-making and the prosecution process in particular directions or even in particular cases," he said.

"The possibility would be there of an administrative person, a manager, being privy to legal information … perhaps having some influence of the resources applied to dealing with particular matters."

Mr Cowdery accused the Government of a "grubby and unjustified" attack against the shadow attorney-general and former deputy director of public prosecutions, Greg Smith, over his handling of the case involving the former deputy senior crown prosecutor Patrick Power being found to possess child pornography.

The Police Minister, David Campbell, at the behest of the Premier's office, flayed Mr Smith in Parliament last year over his actions in informing Mr Power of the discovery before informing police.

Mr Smith, after consulting Mr Cowdery, called in Power last July after child pornography was found on Power's work computer. He questioned him about it before allowing him to leave. Mr Smith then called in police.

Mr Cowdery conceded yesterday that perhaps "other views" to the actions of himself and Mr Smith on the Power matter were the "the right way to go" and added that "we've conceded that we'll take different action in the future".

But he said of the attack on Mr Smith that it was "very unfair, improper and out of place".

He said of the Government in general: "I think ruthless is a fair word to describe it. There is little room for give and take when the Government has a particular idea of what we should be doing. Recent experience is that it just keeps insisting that things be done until they are done."

He made a joke during a photo session that he felt as if he was being crucified at Easter time and then confirmed in the interview that was how he felt.

"It's ironic [the report] comes after Easter but … [it] will have a serious effect on morale in the office. The lawyers in this office already feel that … the whole office has been singled out for unfavourable treatment and this will only make those feelings worse."

Mr Cowdery admitted that overseas travel he had regularly undertaken at taxpayer expense to attend conferences in his 13 years in the job had not helped his "cause in the public eye or political eye".

But, he said "the reality is those overseas trips that have been made have all been with the approval of the attorney-general at the time" and had all been "looking at ways of improving our methods of enhancing the service we provide here".

NSW Govt 'trying to muzzle DPP'

The New South Wales Government is fighting off accusations it is interfering with the independence of the state prosecutor by appointing a manager to his office.

The Director of Public Prosecutions (DPP), Nicholas Cowdery, has poured scorn on the Iemma Government over law and order issues and resources for his office.

His complaints last year that planned funding cuts would force him to refer some cases to the police prompted an investigation by Auditor-General Peter Achterstraat.

Mr Achterstraat has found the Office of the DPP needs a new senior manager to steer its budget and keep it accountable.

"It's critical for the director to focus on the prosecutorial role of the office, rather than necessarily spend time involved in managing people and resources," he said.

He says the position is needed to ensure wise spending and introduce better management and accountability systems.

Mr Achterstraat's report says it is critical that the executive director reports to the DPP but Mr Hatzistergos wants to take it further.

"I also believe it's important that it reports to myself, particularly in the circumstances where there has been opposition in the past to the creation of this position and particularly in the circumstances where I think it's important that the recommendations of the Auditor-General be implemented without resistance," he said.

'Payback time'

Opposition Leader Barry O'Farrell says it is an attempt to rein in a powerful and independent critic.

"It's about trying to muzzle the current director..." he said.

"It's further evidence that this is all about Nick Cowdery. It's all about interfering with the independence of the prosecutions. It's not about the public interest."

Greens MP Lee Rhiannon agrees it is "payback time" for the DPP.

Mr Cowdery was not willing to speak out today. In his official response contained in the report, he agrees with most of the recommendations but takes issue with a few.