Monday, July 7, 2003

Scandal? New South Wales Local Courts

Media access limited by new laws: Opposition

The New South Wales Opposition says the media access to documents in criminal court proceedings will now be restricted under new laws, which come into effect now. Shadow Attorney-General Andrew Tink says there could be delays in reporting cases because the media will have to apply for access to the files after cases are finished.

The new law says access to documents can be delayed until after proceedings are finally disposed of and that may take a long time!

Bob Debus??????????????????????????????????Please Bob?????????????????????????????????? Come on ?????????????????? But Bob!

In cases that need to be hidden for a long time or perhaps forever this could be long enough for an important person to finish the job they are not entitled to do.

Political insurance? Like a politician booked for drink driving. Or a Judge for lurking in public toilets. Who knows what you'll have to wait for?

I can tell you what cases you won't have to wait for though. People the government want to exploit and convict whether the purpose is the crime, public example or loss of government revenue.

The important people will escape from the public gaze like they never committed a crime at all. People who already are not asked questions because of their high position will go unnoticed after they have committed a crime.

This legislation protects the government and gives the government grace to either report or not depending on the circumstances behind the crime and whether it suits them or not.

Presently when documents are tendered in court the access for the media follows very soon after.

The laws apply to local court proceedings.

It stands to reason because low courts have a history of corruption. Magistrates are bought and sold in NSW everyday for the people who cannot afford a damaged reputation.

In a statement, the department says it will be meeting Police Legal Services today to clarify any misunderstandings about the new provisions.

By Public Deception 7 July 03

THE CHOOK: THAT'S CROOK? The Attorney-General's department says the changes enshrine in law the right of the media to access court documents available in open court. What! The media didn't have that right before? Nonsense!


O'Shane blasts constitution
Controversial New South Wales magistrate Pat O'shane has described the Australian Constitution as flawed and grossly inappropriate.

Retrospective Laws: Mesmerised like a chook syndrome
What is it? This chook syndrome. Perhaps it is when we allow 800-year-old rule of law to diminish for a dictator like Bob Carr.

Innocent until proven guilty
Presumption of innocence. A hallowed principle of criminal law to the effect that the government has the burden of proving every element of a crime beyond a reasonable doubt and that the defendant has no burden to prove his innocence. It arises at the first stage of the criminal process but it is not a true presumption because the defendant is not required to come forward with proof of his innocence once evidence of guilt is introduced to avoid a directed verdict of guilty.

Civil Liberties Council slams NSW law and order fight
The Civil Liberties Council says the law and order fight in New South Wales is an indictment on both the major parties. Spokesman Cameron Murphy says the State is already one of the toughest in the area of criminal justice in the world. He says the tightening of bail laws will only add to the number of people in jail.

Abolition of 800 year old double jeopardy law a crime
The New South Wales Opposition has described a decision by the State Government to abolish the double jeopardy law as a political stunt.

NSW A-G moves to stop criminals and ex-criminals selling stories
From next month criminals or ex-criminals who try to profit (earn a living for paid work, like writing a book etc..) from their crimes in New South Wales will have the proceeds confiscated.

The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.

Litigants are drowning: in the High Court
There were so many self represented litigants appearing in the High Court that more than half of its registry staff's time was taken up in dealing with them. The "go it alone" litigants have to take on tasks well above their qualified league causing them stress. This growing problem cannot be left unchecked.

Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has [allegedly] led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank.

Prisoners can prove innocence for $20?
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.

Mr. & Mrs. Mandatory Sentencing
Well congratulations to the bride and groom. Could you please be upstanding and raise your glasses for Mr. And Mrs. Mandatory.