Justice Kirby has told the court it is a dangerous thing to jail someone for what they might do.
Where do these butt ugly ALP sows get off anyway? Are there no laws against truth in advertising?Shadow Attorney-General Nicola Roxon says the Government should be using all of its influence to ensure that proper legal standards apply.
NICOLA ROXON: Well we've been calling for the process to commence. We were really worried about the delay and people being held for such a long time without being charged.
So obviously we welcome that the charges have come and that the hearings do seem to be proceeding, but we have to ensure that a proper process is actually undertaken. We want the normal standards of criminal justice to apply. They apply to Americans, there's no reason that they shouldn't apply to Australians.
The High Court Justice Michael Kirby has warned that a Queensland law allowing indefinite detention of people judged to be a danger to the community could be the start of a slippery slope.
The comments were made during a challenge to the law by imprisoned serial rapist Robert John Fardon.
Fardon's 14-year sentence for rape ended last year but he remains in custody under the 2003 law.
His lawyers say he is being punished when no crime has been committed.
CATHERINE MCGRATH: The Prime Minister says that the 'military commission' will respect the basic principles of our criminal justice system.
NICOLA ROXON: Well it's hard to see how the Prime Minister can have the view that this process reflects the normal standards of criminal justice when the normal rules of evidence don't apply, when there's no appeal rights, where there isn't an independent judiciary that is actually hearing the claims. So, we will be watching very closely. They'll be an independent legal observer, we understand, who will attend this process, and we urge the Government to use all its influence with the United States to make sure this process can stand up to scrutiny. Because otherwise we just create further problems down the track.
CATHERINE MCGRATH: Given that Australia is locked in at this stage, yet other countries have had their prisoners released, what does that mean about David Hicks' rights at this point?
NICOLA ROXON: Well I think it's worrying for every Australian than an Australian citizen might have a lesser standard of justice apply to them to people from other countries.
Justice Kirby has told the court it is a dangerous thing to jail someone for what they might do.
But lawyers for the Queensland Government say Fardon is being detained to protect the community, and not as punishment.
CATHERINE MCGRATH: So what at the moment will you be watching for over the next month or so?
NICOLA ROXON: Well obviously we'll be watching how the legal argument is pursued, how the commission is set up, what sort of time people are given to prepare their case, whether access is granted to important witnesses and other matters. We don't want to run or follow in every detail, the case against Mr Hicks or Mr Habib. We just want the Government to give us a guarantee that proper standards will apply so that this trial is fair and can withstand scrutiny.
CATHERINE MCGRATH: But in principle, you think that the military commission system is unjust?
NICOLA ROXON: Yes. In principle we're concerned that there are no proper rights of appeal, that there are no adequate rules of evidence, and we are concerned that that doesn't provide a setting for a fair process. We want to make sure that if people are accused of being involved in terrorist activities, that when they are convicted, that their convictions are beyond reproach. That will not happen if a proper and fair process doesn't apply for Mr Hicks.
Justice Kirby has told the court it is a dangerous thing to jail someone for what they might do.
But lawyers for the Queensland Government say Fardon is being detained to protect the community, and not as punishment.
They have also rejected claims the law is unconstitutional because it interferes with the discretion of courts.
The High Court has reserved its decision.
ELEANOR HALL: Nicola Roxon, the Shadow Attorney-General, speaking to Catherine McGrath.
By pr posted 2 August 04
PM, Carr attacked as judge pulls plug
In November 2002, as chairman of the International Commission of Jurists, he told a Senate inquiry "it is patently clear" that proposed anti-terrorism legislation "is aimed at Muslims". His submission said the new laws would be "subverting [liberty] more effectively than terrorism could ever do".
He was an undercover agent for the blues
He was my journalist, he was working undercover. The fellow knew all of the moves.... He really had me romping, bare footing stomping. He just kept igniting my fuse....
Mamdouh Habib: Taunted and Tortured!
Four Corners [Walls]: Terrorist [?] - or Taunted by the Australian Defence, [War], Force who sacked him as a cleaning contractor? Who is Mamdouh Habib? And why was he harassed by the Australian Federal Police? Then tagged and labelled as a spy? Why was he vilified by the community? When he fled to Pakistan how did he end up being tortured in Egypt? And how did he end up at Guantanamo prison camp reserved for the men America calls "the worst of the worst:
The ALP's fascist police states
Welcome back Sid-in-knee. Old Falangist Samaranch would surely feel right at home in any number of fascist police states around this wide brown land today. Who needs Franco when you have Beattie, Rann, Carr, Bracks and co. Flamin' fascist fucks the lot of them.
Up there Khasali: Innocent man new bail laws
The New South Wales Supreme Court has asked innocent man Bilal Khazal to increase to amount of surety offered, before the bail is formally continued.
Pentagon names tribunal for Hicks trial
The Pentagon has named the militants who will decide the fate of Mr David Hicks and two other Guantanamo prisoners charged by the United States in the first US military tribunals since World War II.
You have choses Bob The Barbarian!
New laws to make it difficult for people charged with terrorism offences to get bail have been whisked through the New South Wales Parliament after only being introduced earlier today.
Programs: Keeping Robert Fardon in jail after more than a decade - when he should have been getting corrected with programs - whilst taxpayers footed the bill of at least 20,000 dollars a year - is a failure of the alleged correctional system. What investigation was there to determine how Fardon was treated in prison whilst he was there? Zip! If failure of the prison system results in draconian laws then fix the system by providing programs and rehabilitation.
Related:
NSW Legislative Council's Inquiry on Home Detention
Submissions closed last Friday 30 July for the Legislative Council's Inquiry into Back-end Home Detention.
Carr Govt dramatic increases in the NSW prisoner pop...
Following the opening of the 500 bed Kempsey prison, and a new 200-bed prison for women at Windsor the Council of Social Service of NSW (NCOSS) and community organisations specialising in the rehabilitation of prisoners, have expressed concern....
Govt stands by child sex offender program
The Western Australian Government is standing by a taxpayer-funded agency that offers conditional confidentiality to child sex offenders.
Brisbane Lions and Reloaded Corporate Predators
Former Brisbane Lions player Adam Heuskes has denied allegations that he raped a woman in London four years ago. Well-alleged offenders certainly wouldn't admit to rape because that's a crime. And if they were not charged or tried by their peers then they were just corporate predators reloaded and on the loose.
Rapists more criminally versatile than Paedophiles
Parents to be given paedophile details? But rapists are more criminally versatile than Paedophiles!
Therapy key for teen sex offenders
US: One girl allegedly was raped in the boys' bathroom at Folsom High School on a warm midday in March. Another told officials the same boy, a freshman at the school, had tried to rape her days earlier in a girls' bathroom. Two other girls told investigators the boy had committed lesser sex crimes against them at school within the previous week. If true, such a pattern of escalation is worrisome, according to experts who study and treat sex offenders.
Vic database to track sex offenders' movements
The Sex Offenders Registration Bill is due to be tabled in Parliament later this week. Sex offenders will have to tell police if they change their names, address or work and will not be allowed to work with children.
Bulldogs simply not the best!
SIMPLY NOT THE BEST AND DEFINITELY NOT BETTER THAN ANYONE, ANYONE I'VE MET.
Justice Brian Sully subscribes to jail retribution
"The high odds are that you will be found out, tracked down and sent to jail . . .then you will be as much at risk from others as your victim was at risk from you."
Today Sex offenders TOMMORROW YOU!
To suggest there is a need to restrict their movement is rubbish! This is a grab for civil liberties in NSW and it offends everyone else who is free to associate because soon it could be you who is restricted or someone you know.
Gang-rape, police, disparity and the law..
The young woman and her friend have told police they met the players in Coffs Harbour on the evening after the Bulldogs played a trial match there and went back to the team's hotel with them.
Who let the dogs out? (woof, woof, woof, woof)
The Prime Minister has thrown his support behind the National Rugby League (NRL), saying the Bulldogs affair should not reflect on the game as a whole.
Today Paedophiles TOMORROW You!
To suggest there is a need to restrict their movement is rubbish! This is a grab for civil liberties in NSW and it offends everyone else who is free to associate because soon it could be you who is restricted or someone you know.
Juvenile Justice in America: Rehabilitation or Retribution?
What do you think should happen to juvenile criminals who commit serious crimes? Do you believe in the possibility of rehabilitation for these youthful offenders? Or do you believe in retribution or the punishment of these young criminals in the adult justice system?
Sexual Abuse: Testimony
I'm Debbie Ingraham, and I'm an activist for Restorative Justice. I'm also a former litigant who filed an unsuccessful civil suit against a family member for incest, and a former victim advocate. I bring a 30 year personal perspective of "real life" experiences that come from living with the effects of sexual abuse.
Sex offenders: The Umbrella and the Violin [REGISTERED]
The Umbrella: John Watkins the NSW police minister has now convinced State and Territory Police Ministers to categorise label, packaged and bar code people, who have been convicted of Sex offences, as dogmatic.?
WA Jail trade in 'sex for favours'
THE West Australian Government has ordered an inquiry into claims guards at Perth's main women's prison are trading favours for sex, and encouraging inmates to form lesbian relationships.
DPP must decide on next step in Volkers case by end of week! Rock Spider V's the Justice System? Queensland's Attorney-General wants a report from the office of the Director of Public Prosecutions (DPP) by the end of the week on how it will respond to criticism about its handling of indecent dealing charges against swimming coach Scott Volkers.
Plan to keep sex offenders from young after release
Child-sex offenders would be subject to court orders prohibiting them from visiting such places as parks when children are present under a re-elected Labor Government, said Carr.
NSW Prisons Inmate Development Committee speaks out
I am writing on behalf of the IDC Inmate Development Committee in area 3, MSPC at Long Bay. Area 3 is where, the Department is congregating minimum-security offenders within maximum-security walls whilst awaiting mandatory programs at Cubit (Sex Offenders Program).
Alleged Rock Spider speaks out about sexual assault accusations
Volkers was committed to stand trial last year after being charged with indecently dealing with three girls he had coached in the 1980s.
Alleged Rock Spider rules QLD DPP?
One of three women behind indecent dealing allegations against top swim coach Scott Volkers says the matter will continue to haunt her unless it goes to trial.
Punishment By Imprisonment Is A Medieval Concept
The following accounts of prison rape are taken from various human rights sites on the WWW that deal with this abuse, which seems to be in epidemic proportions in the US, Australia, and many other countries.
