The state's newest Supreme Court judge, and former Labor attorney-general, Jeff Shaw, has issued a warning to his former political colleagues: do not allow the vagaries of politics to undermine the independence of the judiciary?But it is a pity Jeff Shaw didn't see it that way when the Carr government attacked Gregory Wayne Kable and denied Kable his democratic and civil rights to sue the government over his 7 months of false imprisonment and assault under the guise of the Community Protection Act 1994. The (CPA) a law designed for one person when Liberal Premier John Fahey thought he was God.
In fact the Carr Government went further and arranged a conspiracy by police to undermine Kable's integrity and to deny Kable access to Parliament House Sydney to tell his story to the other 300 politicians.
The High Court ruled the CPAct ,1994 as invalid but that thwarted Carr's leverage to gain votes by having less power to exploit citizens like Kable. So Carr decided to trip Kable over while he wasn't looking in the hope that he could save face and explain that the High Court was wrong to overturn draconian legislation.
These matters are shelved because a forum cannot be found to show evidence that the Carr Government is corrupt and that Carr himself should be jailed as a criminal.
Jeff Shaw Carr's previous hatchet man retired and now on the bench Shaw must be watched very carefully because Carr slotted him on the bench and now you read about how nice the guy is.
Shaw didn't say he was fed up doing Carr's dirty work. Shaw didn't admit that he was doing Carr's dirty laundry and would now like to wash his own cloths of the stench from Carr and his cronies.
There will always be a lackey like Bob Debus who should be jailed along side Carr. Perhaps we could put them in the same Cell. How about the High Security Unit in Goulburn segregated with no air, and a television that watches you for 23 hours a day?
In a short but pointed speech at his swearing-in ceremony in the Banco Court in Sydney yesterday, Justice Shaw also quoted the American writer Alexander Hamilton, who described the judicial sphere of government as the "least dangerous branch" .
"Although some of my former colleagues in the legislature might disagree, I accept the view of Alexander Hamilton, whose 1787 commentary on the Constitution of the United States referred to the judicial sphere of government as the least dangerous branch," he said.
"It is a check and balance against possible excesses of the executive and legislature."
Surrounded by friends, family, former political staff and legal and political figures including the Chief Justice of the Supreme Court, Jim Spiegelman, Gough Whitlam, Neville Wran and several current and former Carr Government ministers, Justice Shaw said his dual careers had provided invaluable insights.
He said working first as a barrister and then as a member of parliament and a minister had given him a clear sense of the "difficulties and pressures" faced by the court system and the government.
However, he advised there be "caution and proper consideration" before legislators circumscribed the powers of the courts in individual cases.
"I understand the vicissitudes of politics," he said. "However, nothing has diminished my profound belief that the independence of the courts and its judicial officers is utterly central to a free society."
He said that while the doctrine of the separation of powers might not apply in the strictest sense to a state parliament, judicial independence was also central to "our liberal democracy".
"This requires the fearless adjudication of matters whatever might be the criticisms that come from individuals, the media or even the executive government in relation to such decisions.
"It is important that there be understanding, knowledge and respect in the relationship between the executive government, the legislature and the courts."
Justice Shaw said that "a culture of civility" between those who made the laws - politicians - and those who enforced them - judges - was also imperative.
Judges, he said, afforded appropriate respect to the intention of legislation when applying legal provisions to particular cases before them. "Likewise, it is vital that legislators understand and respect the decisions of courts in individual cases, where the legislation is valid."
Tele Tales
Most people I know don't buy the Daily Telegraph. Why? Because of the lies and propaganda purported by them.
Partners in crime - history!
Roger Rogerson, the old hero, who never faced a result in the Warren Lanfranchi, or Sally-Anne Huckstepp murders, was let off in my opinion when the New South Wales Government rolled the legal system (deciding what evidence to give the police prosecutor) to have the jury believe the illusion they (the Government wanted to create).
By Gregory Kable 5 Feb 03 State Civil Prisoner
God: Now Soothsaying is up to me! Everyone I speak to has faith in Shaw but I tip him as the No Mercy Judge.When you put yourself beside your fellows look into the mirror and own up to your deceit only then will the true man emerge from the bench. Cross your fingers.
Related:
Australia: politicians should watch police
In Sydney yesterday the Opposition police spokesman, Andrew Tink, urged Federal Labor MPs to allow the public hearing of the claims, which include that senior police, the PIC and the Ombudsman's office were failing to investigate legitimate complaints of misconduct, including corruption in the police promotion system.
The community questions ICAC's slagging and fobbing you off?
The ICAC, Commissions, Ombudsman, Police Integrity Commission (PIC), and numerous Tribunals etc, are all arms of government set up as an insurance police for the government's 3 or 4 year election terms. In short they'll be out of office by the time you may be lucky enough to have your matter heard.
Who is bad?
Super Rat? M5? M11? K8? N2? So I trust that some people who, with the photos and guns guessed that a jury would quickly establish a case against a profiled person whom, you just had a picture and a history of. Common knowledge? The government knew their victims would take the blame. Not just chess in court, 'moving around the pieces', but 'putting false evidence, or not enough evidence before the jury."
2,500 crooked detectives? Or a corrupt Government?
Evan Whitton: Either two things occurred. If you said you didn't join the police force to extort money from working girls, your papers were marked 'not suitable for plain clothes' and you were sent back to uniform.
How to become corruption resistant in NSW
Don't trust those who cannot prove themselves with the little amounts of trust you give them. Just because they have a letter of perceived trust doesn't mean they can be trusted.
This is not how you eat 'antisocial behaviour'
Process corruption, perjury, planting of evidence, verbals, fabricated confessions, denial of suspects rights, a solicitor to induce confessions, tampering with electronic recording equipment, framing. Generally green lighting crime, and I say Murder, including the kids who overdosed on heroin. No doubt.
Black Knight - Long way to go home
In line with the current climate of police corruption and the demise of the reform unit set up by Wood, these facts ought to have been a good reason to leave Moroney out of the package as Commissioner.
Bob down and sniff my arse
These are serious invasions of privacy and draconian laws? Where are our democratic soldiers, the lawyers and the barristers who need to take on the government in the courts? Are they plastic? Or to busy feathering their nests? Or have they been cleverly purchased by this black government. Drug test police and politicians, and have the tests independently accessed.
Come in spinner? Or Come in sinner?
"You don't have, in my view very vigilant processes. I suppose it's akin to the problem of corruption within the police," he told the ABC radio. " People say there's corruption with the police (but) do you get the police to investigate problems within their own ranks?
Deeds
I am disturbed by Governments 'actions' in relation to shuffling the police service. Clive Small seconded into Parliament like a cocky in a perch. A breach of the fundamental Separation of Powers Doctrine does not in my view allow the thought of intervening, planning, or shuffling to stack the deck of our police service. The one that suppose to be autonomous according to Lord Denning. Where the Parliamentary Secretary can ask the commissioner of police to 'report' then sack him if he is not satisfied with such report.
Australia's Political Underworld...& their enforcers
The promotion of law and order means money to big business. Profits from insurance, security fixtures, patrol services and the like can only continue to grow if the perceived threat of uncontrollable crime wave escalates. In the past few months there have been many examples of the true nature of our blood thirsty politicians and their sinister attempts to spoon-feed a not so gullible public with their repetitious rhetoric.
Truth
Who is telling the truth? Well I guess Dr. Ed. Chadbourne or Mr. Peter Ryan may have the answer to that. Dr. Chadbourne sacked by Peter Ryan and more specifically in my view because he elected deputy commissioners Dave Madden and Andrew Scipione as the best men in the service in relation to his qualifications to make a recommendation in his capacity as human resources.That is if you believe that a Dr. can be corrupted.
Honesty
What is happening between the Police Service and politics is quite extraordinary at the moment. If stand over tactics don't work tell half the truth honestly and follow the example of sheep. Another word for it is sleaze, yeah. Another word for it is workplace harassment. Another word for it is bribing a Police Officer. Another word for it is misleading Parliament.
Tele Tales
Most people I know don't buy the Daily Telegraph. Why? Because of the lies and propaganda purported by them.
Lord Denning
Interesting how a member of the Police Board Mr. Tim Priest would hold grave fears for his safety from dangerous senior police but fails to name them or have them sacked. Rather Priest resigns as if he had no powers. Could that mean what he was saying is that the Governments are also corrupt?
Corrosive
Clive Small is Bob Carr's choice for the new Police Commissioner. It could only be the case considering his, Small's special appointment into Parliament House. Small who suffers from the little person syndrome is the ideal bend over boy who gets shuffled through his corrupt actions. Rolling the legal system for him after the fact, just like his predecessor Roger the dodger Rogerson.
Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.
Same boat
The Premier, Bob Carr, relies on a militia. A gang of bikies and our Police Service, to show all of us he is no murderer. He should be taken to the task along with his partners in crime like Clive Small to account for those people who like my self have been maliciously assaulted and who have complained, without any service and those who cannot speak for themselves who were murdered, like Terry Falconer. Terry murdered in custody.
Good Cop
Why have our democratic institutions broken down? It's not just the criminal justice system. The Anti-Corruption Network webmaster@anti-corruption-network.org exposes the same issues. A group of white-collar workers who say they have suffered as follows:
Dangerous
I refer to the Daily Telegraph article 22 March 2002 under the heading Priest quits advisory job.
Partners in crime - history!
Roger Rogerson, the old hero, who never faced a result in the Warren Lanfranchi, or Sally-Anne Huckstepp murders, was let off in my opinion when the New South Wales Government rolled the legal system (deciding what evidence to give the police prosecutor) to have the jury believe the illusion they (the Government wanted to create).
Police Chronology 1994-2001
View events in the NSW Police Force since the Wood Royal Commission began in 1994. 1994 May Justice James Wood is appointed Commissioner of the Royal Commission into the NSW Police Service ('WRC').
