OFF THE WIRE
Queensland's opposition leader says although the state's new bikie laws
are a mess she won't support calls for the chief magistrate to resign.
Queensland's
Chief Magistrate Tim Carmody announced earlier this week that contested
alleged bikie bail applications will all be dealt with at set times in
the same Brisbane court.
Under the new rules, no more than two applications will be heard a day.
Mr
Carmody's directive has outraged lawyers and civil rights' groups who
say it could leave defendants unjustly behind bars, while one MP has
called for his resignation.
Opposition Leader Annastacia Palaszczuk says she does not back calls for his resignation.
"I don't support that at all," she said on Wednesday.
"I'm not going to be like Premier Campbell Newman and comment on particular magistrates or judges."
Ms Palaszczuk says the laws are a mess and Queenslanders deserve an explanation from Mr Carmody.
"The
issues between the government and the courts is becoming murky, it's
becoming messy, and a very detailed explanation is needed," she said.
Bar Association of Queensland President Roger Traves is backing Mr Carmody, despite having reservations about the directive.
"Recent calls for the resignation of the chief magistrate are without foundation," he said.
"There is no sensible basis for them."
He added that the court should be permitted to get on with its work.
Mr
Carmody says reports his directive ensures he will handle all decisions
in cases of disputed bail for accused bikies are incorrect.
"It regulates where and how they will be heard, not by whom," he wrote in a letter to the editor in Wednesday's Courier-Mail.
Mr Carmody also says his directive wasn't prompted by any particular bail decision or a lack of confidence in the magistracy.
United Australian Party leader Alex Douglas says Mr Carmody can't continue in his role given the circumstances.
"He has no right to make a directive to other judicial officers," he said on Wednesday.
"It
is contempt for their professionalism. It is also a contempt for the
process by which they were appointed to those positions."
Queensland Council for Civil Liberties president Michael Cope has said the unprecedented edict may be unlawful.
"It
is clearly going to lead to people being held in custody for a long
period of time, in breach of the obligation in the law that they be
brought before a magistrate forthwith and their case for bail heard," he
said.
Mr Carmody's directive applies to any contested bail application not yet set down for hearing.
Police
prosecutors will no longer handle contested bail applications involving
bikies, which will become the responsibility of the Office of the
Director of Public Prosecutions.
http://www.brisbanetimes.com.au/queensland/queensland-bikie-laws-a-mess-annastacia-palaszczuk-says-20131106-2x1hz.html#ixzz2jtPuPMGl
