Real justice – as opposed to expensive, unproductive ‘law and order’ auctions around election times – helps the victims heal as well as punishing the perpetrators, says WA Chief Justice Wayne Martin. He gives examples of progressive justice systems being introduced throughout Australia, many of them learning from the practices that imbued Aboriginal culture over tens of decades of history in Australia. Read his Sir Ninian Stephen 2018 lecture.
A B Greer is out of jail after 25 years, but there is more doubt now than there has ever been about whether he should ever have been in jail. His conviction occurred during the peak period of WA police bastardry, a time which has generated many cases of wrongful convictions. WA’s two most senior criminal barristers, Percy and McCusker, both believe in his innocence. A miscarriage of justice in which the wrong person is convicted is as much a tragedy for the victim’s family as it is for the family of the wrongfully convicted person.
Police in Florida USA have crept in to a funeral home to enlist the help of a corpse they created to unlock the man’s mobile phone. Avoiding the man’s fiancee, who was at the funeral home at the time, they have tried to use the dead man’s fingers to gain access to information. So far, the phone has stayed mute. Meanwhile investigations continue over how fellow police came to shoot the man dead in the first place, over the ‘crime’ of having illegal tinted windows on his car.
CLA’s submission on a Model Litigant Obligations Bill, proposed by Senator David Leyonhjelm, has at last been published on the website of the Senate committee inquiring into the proposed new law. CLA says the Attorney-General’s Department does not abide by existing law because it fails to actively police, enforce and even simply report annually as it is required by legislation to do on how well, or otherwise, the government is acting as a model litigant. CLA tells the committee the Australian government’s reputation in this area is “rancid”. CLA submission is here: CLA’s and other submissions are here
Bill Rowlings* questions how ‘professional’ is the Legal Profession Board of Tasmania. It’s a quango that only recently worked out it needs to abide by model litigant principles, a decade after it was created. And it seems to particularly dislike the right of people to question, scrutinise and dissent.
It is a body which annually seeks funding approval from the Attorney-General and reports formally to the AG each year, making it a quango despite its claims of “independence”. It has 10 statutory functions. Handling complaints is the third listed, but seems to dominate its activities overwhelmingly. Educating the public is one of its activities which appears to have received a very much lower priority.
Justice in Australia doesn’t come in just one size: a new form, restorative, is starting to reintroduce victims and criminals to each other for better outcomes for both sides. 5 April 2017