Another price to be paid for police tunnel vision?

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.

Dead man phone-fingered for his private secrets

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.

Model Litigant Obligations: government’s reputation is ‘rancid’, CLA says

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

A law unto themselves, absent model principles

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.

Govt right to proceed cautiously with bail reforms

By Dr Karen Gelb

In the aftermath of Melbourne’s Bourke St tragedy, in which a driver ran amok in the CBD in January 2017, the Victorian Government announced changes to the state’s bail system along with a two-stage major review of Victoria’s bail laws.

The first tranche of reforms is due to begin on 1 July this year, with the second set of amendments still to be debated in the upper house of Parliament.

Opposition Leader Matthew Guy has continued to chastise Daniel Andrews for delaying commencement of the bail reforms, calling instead for them to begin at the end of March.

Questing for justice

The education of lawyers can last a lifetime…sometimes somebody else’s, in jail. James Moore explains why it is important for civil society to question our laws and legal structures.  20 March 2017