BRISBANE: Journalist and documentary-maker Anne Delaney would probably rather be working on her latest project than sitting in the Inala magistrate's court, facing a possible two year stretch in a Queensland gaol.But next week the film-maker will defend herself against a charge of illegally 'interviewing' a prisoner in the Wacol women's prison.
Delaney has been charged under Section 100 of the Queensland Corrective Services Act, which makes it an offence to "interview" a prisoner either inside or outside a Queensland gaol.
Ms Delaney spoke to prisoner Louise McPhee, but did not record the interview or even take any notes of the conversation. McPhee is in prison for the manslaughter of her child but Delaney thinks there may have been a miscarriage of justice in the case.
After spending a short time with the prisoner, Delaney was confronted by two police officers and arrested inside the Wacol facility.
The journalists' union, the MEAA, has called on the Queensland DPP and the Director-General of the prison system to drop the charges. Federal Secretary of the MEAA, Chris Warren, describes the actions of the Queensland Corrective Services department as a "death sentence" for democracy if journalists can't investigate or reveal information that is clearly in the public interest.
"Queensland's recent history highlights that responsible journalism is a vital weapon against corruption. The Fitzgerald Inquiry proved that," said Warren.
So far the Queensland media seems to be ignoring this story, but the global clearing house for press freedom, the International Freedom of Expression Exchange, has put the case on its alert list.
A fundraiser in Sydney last weekend raised over $5000 towards Delaney's court costs. SMH journalist David Marr spoke at the gathering, and he told Crikey that the Corrective Services media policy is designed to censor and control media access to prisoners. "The policy allows access only if it does not embarrass the Queensland Government."
Anne's case is listed in the Inala magistrate's court for hearing on Tuesday and Wednesday next week. The MEAA is concerned that Section 100 of the Queensland Corrective Services legislation may be unconstitutional, given several high-profile cases which ruled there is an implied right of comment on political matters in the Australian Constitution.
Anne Delaney has worked for the ABC and SBS and has produced and directed several films. Now her lawyers have taken the unusual step of notifying all the state and territory Attorneys General that a possible constitutional issue it to be raised in the Inala local court, which is more used to hearing cases of drunk and disorderly.
By Martin Hirst posted 17 November 05
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In Queensland the prisons are protected from unwanted media attention by legislation that forbids media access to prisons under threat of legal sanction.
In 1996 former Courier Mail journalist, Ms Ella Riggert, was fined $1050 for conducting an interview with Tracey Wiggington, Queensland's alleged 'vampire killer', at Brisbane Womens Prison. Two other Queensland journalists, Ms Lou Robson and Channel Nine ACA reporter, Margueritte Rossi, also suffered the same fate when they conducted 'unauthorised' telephone interviews with prisoners from the Woodford and Arthur Gorrie Correctional Centres. Both journalists were fined $300 but no conviction was recorded.
Riggert, Robson and Rossi were constricted by law to accept the sanctions of Section 104 (10) of The Queensland Corrective Services Act 1988 No.89 which carried a maximum penalty of $3000 or two years imprisonment for anyone who; (f) without the authority of the Commission, interviews a prisoner (within the meaning of section 10) or obtains a written or recorded statement from such a prisoner, whether within or outside of a prison commits an offense against this Act. The Queensland Corrective Services Act 2000 reinforced the previous Draconian sanctions with harsher penalties for those who tried to penetrate the veil of secrecy that surrounds the Queensland prison system.
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