A Matter Of Privilege
Confidential communications between lawyers and their clients are sacrosanct. They are subject to legal professional privilege, which means they cannot be disclosed by anyone – including the lawyer – to anyone else – including the government, the courts, the police, or anyone at all – without the client’s express authorisation. That principle has been around for about 500 years, and remains a fundamental tenant of our legal system. But it has, at times, been sorely tested.
More Robust Times
For many the recent retrospective by Brisbane’s Courier Mail newspaper, celebrating the 30 year anniversary of the game-changing Fitzgerald Commission of Inquiry into Police Corruption in Queensland, will have brought back memories of more robust times. Between 1987 and 1989 the inquiry, presided over by Tony Fitzgerald, then a razor-sharp and highly regarded Brisbane barrister, systematically uncovered and dismantled an entrenched culture of police corruption that led all the way to the top.
NRL Match Fixing Investigation
Today’s news that six NRL stars will be interrogated over alleged match fixing, and face jail if they refuse to co-operate with investigators, brings into sharp focus a recurring issue for professional sports people. Having endured the debacle that was the recent ASADA doping investigation into the AFL and NRL, and more recently still match fixing allegations in the sport of basketball and the greyhound industry live baiting scandal, it is very clear to me that few sports administrators, and virtually no sports men and women, have any real appreciation of the concept and purpose of the right to silence, and the interplay between contractual and legislative obligation as it affects statements against interest.
A Matter Of Restraint
Today’s news out of the Broncos Rugby League headquarters about an alleged “drunken incident” involving star centre James Roberts has let more than a few old spectres out of the closet. Newspapers today reported that an allegation Roberts verbally abused a barmaid in a drunken rage at the Normanby Hotel has been referred to the NRL’s integrity unit, which reportedly imposed a 12 month alcohol ban on Roberts in 2014 following his sacking at Penrith.
Can Police Just Randomly Stop and Search Me?
At festivals like Splendour in the Grass and Greazefest, music lovers have become accustomed to seeing police routinely searching people suspected of having drugs in their possession. In certain circumstances police are entitled to do that, but it’s not just open season. Police are not entitled to just randomly stop and search people for no good reason. Unless a police officer has an actual search warrant, then they’re not entitled to detain and search a person except where they suspect on reasonable grounds that person has drugs in their possession.
Trial of the Century
I was just a kid when OJ was publicly apprehended by the LAPD. I knew little of the man known as ‘The Juice’, and had no understanding of his place in the psyche of 20th century USA. I had no idea he was so revered by the American public, or why, and had no inkling of the bloodshed that had defined LA’s racial divide in the decades preceding the case. I merely saw another celebrity on trial.
“Kelly” MacGroarty RIP
This week saw the passing of my very dear friend and mentor Kelly Macgroarty, one of Queensland’s greatest criminal law defence barristers of any era. Born Neil Joseph Macgroarty 81 years ago, he inherited the tag “Kelly” from his father Neil Francis Macgroarty, himself a distinguished Brisbane barrister who served as Queensland Attorney General in the Moore government of the 20’s and 30’s.