Page 1491 - Week 06 - Thursday, 2 July 2020
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These flawed laws also gained national attention. The Law Council of Australia—this is not the legal profession locally; this is the Law Council of Australia—said that the change was a “great concern”. They went further, and said:
We strongly believe that the right to a fair trial by jury must continue to be observed unless the accused consents to a judge only trial.
The jury is a fundamental part of the system of criminal justice in this country whereby the community plays an important and direct role in the administration of justice. Jury trials provide a safeguard against the arbitrary or oppressive enforcement of the criminal law by those in authority. They also allow for impartiality to be observed.
The option to be tried by judge alone … is available in some Australian jurisdictions. But that option is only available where the accused waives the right to a jury trial.
… in these uncertain times it is more critical than ever that Australia upholds the administration of justice.
Indeed, some of the most telling comments came from former Chief Minister Jon Stanhope. His comments were published on 6 April. This is what former Chief Minister Jon Stanhope said about this terrible law passed by the Attorney-General, the Labor Party and the Greens:
The world really is going mad. The ALP and the Greens in the ACT combining to legislate, in the face of opposition from the Liberal Party, the Human Rights Commission, the Law Society, the Bar Association and the Legal Aid Commission to deny an accused person in the ACT a basic right cherished and defended in liberal democracies for 800 years, namely the right to trial by jury.
This is a fundamental tenet of the rule of law and it is notable that other jurisdictions across Australia are facing the Covid-19 crisis, including most notably the Liberal Government in NSW have not taken this draconian step. To be fair, one does need to concede that Iran, Russia, Turkmenistan, Saudi Arabia and North Korea have adopted the same position as ACT Labor and the Greens on the issue of an accused person’s right to a fair trial.
Attorney-General Gordon Ramsay and Minister for Justice and Greens Leader Shane Rattenbury, who championed this amendment, should in particular hang their heads in shame. Caroline what were you thinking? A progressive government? You must be joking.
MADAM SPEAKER: Mr Hanson, when you are referring to someone, please refer to them by their—
MR HANSON: Madam Speaker, this is a quote directly from former Chief Minister Jon Stanhope. It is not me addressing Caroline Le Couteur as “Caroline”. It is a quote from the former Chief Minister.
MADAM SPEAKER: Thank you.
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