The Northern Territory Country Liberal Party Opposition leader, Denis Burke, has suffered a political tsunami in the state elections, with a big swing against him in his seat of Brennan.Denis Burke, the lone Australian political leader who supported the reintroduction of capital punishment in Australia, learned last night that Northern Territory voters are the wiser.
Last night, a thunderous roar went up with predictions that Denis is almost certain to lose his seat to his Labor namesake, James Burke.
Country Liberal Party supporters are at a loss to explain the huge swing against the Liberal Party, saying the swing to Labor is worrying. In contrast, Chief Minister Clare Martin, a strong opponent of capital punishment, has won her seat of Fannie Bay, comfortably.
Let's recap:
In 2003, ACADP conducted a telephone poll with all political leaders across the nation. They were asked whether they would support calls for the reintroduction of capital punishment in Australia. Every political leader from the Liberal, Labor, Democrats, Green and National Parties said they are opposed to the death penalty and would never support its reinstatement.
All but one... the Northern Territory Liberal Opposition Leader, Denis Burke. He was the lone political leader in favour of the reintroduction of capital punishment. Denis said he supported the death penalty in Australia under certain circumstances.
The Northern Territory has the highest Aboriginal incarceration rate in Australia. The United Nations Human Rights Committee and Amnesty International have criticised Denis in the past, for passing legislation on discriminative mandatory sentencing laws.
Within the last two years, ACADP has tried to contact Denis on a number of occasions to discuss the issue of capital punishment. Alas, Denis has never returned our calls. Why?
However, Denis managed to find time to voice his support for the re-introduction of capital punishment on the Derryn Hinch Program on Melbourne Radio 3AW. Hinch, a long time media journalist and supporter of capital punishment is also battling a public outcry over another matter. His days as media journalist now seem numbered.
The Federal Government does not have the power to impose the death penalty on any State or Territory in Australia. But it does have the power to block any State or Territory from reintroducing the death penalty.
Commonwealth of Australia Constitution Act - Section 109:---"Inconsistency of laws - When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid."
The last state politician to seriously venture forth on the reintroduction of capital punishment was former Western Australian state premier, Richard Court. He had to back down in the face of an outcry so great, that he soon said he had been misquoted. He had for some time supported the notion of a referendum for the re-introduction of capital punishment, believing that the public was strongly in favour. To his surprise, he discovered that voters had dumped him out of office at the following state elections.
In a letter to ACADP dated 4/10/2000, Richard Court stated that he had decided against holding a referendum because civilised democratic societies have established courts of law and appellate procedures to prevent the fate of individuals, however unpopular they are, being decided by the unreasoned and unstable force of "public clamour".
Rumour has it, that Denis Burke is now considering moving to Texas.
By ACADP 19 June 05
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AUSTRALIAN COALITION AGAINST DEATH PENALTY
Australian Students Against Capital Punishment
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The Premier Australian Internet
Resource on Capital Punishment
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Here come de Judge - Time to Leave [266]
There have always been examples of rulings and interpretations that have supported the saying "The law is an ass". This is increasingly the case, because even the best intentioned judges are now facing an avalanche of new technologies and social change. But, it is no good making excuses for the judiciary and continuing to accept their strange interpretations. We must recognise that not only judges but the whole legal system will struggle more and more. In the end the whole system will become a farce. This is the way empires end.
