Ruffled Eagle Feathers
A clash of Queensland judicial personalities flared earlier this week, with the Courier Mail newspaper reporting on Wednesday a serious difference of opinion between retired District Court Chief Judge Patsy Wolfe and current President of the Court of Appeal Margaret McMurdo. When Judge Wolfe retired in September last year, Justice McMurdo gave a speech at an Australian Association of Women Judges luncheon, held in Judge Wolfe’s honour, in which she lamented what she perceived to be the deepening state of gender inequality on the Queensland bench. The following day Judge Wolfe reportedly wrote a private letter to the Newman government, distancing herself from Justice McMurdo’s comments, and claiming no one at the luncheon agreed with her remarks.
A Crisis Of Credibility
Sadly, there is a growing sense of inevitability surrounding impending execution of Bali Nine members Andrew Chan and Myuran Sukumaran. The political rhetoric continues, but most Australians sense the Indonesians just aren’t listening.
A Call To All Good Men – Stop Domestic Violence
It’s high time for good men to stand up and do something about domestic violence. Last year domestic violence was the leading cause of death and injury in women under 45 in this country. It reportedly accounted for 40 per cent of police time, and cost the economy $13.6 billion. The Easter period alone marked the death of six women and children in a single week. This year, which is not yet two months old, we have already seen 14 Australian women allegedly killed by domestic violence. If that figure runs true, we are online for the shocking statistic of two domestic violence related deaths per week in 2015. That represents a 100% increase in such crimes since last year. It underscores what campaigners have long warned, that domestic violence is at risk of reaching epidemic proportions in Australia.
Vive l’humanité
As distressing as last week’s terrorist attacks in Paris proved to be, they were not the first, and certainly not the worst, acts of terrorism the French people have endured in living memory. During the German occupation of France in the early 1940s, Christian soldiers scoured the streets and homes of France arresting, gaoling, and murdering thousands of Jewish citizens. In that terrible time, the French people demonstrated their capacity to endure and overcome racism, terrorism, and inhumanity.
Showtime
Talk about art imitating life imitating art imitating life.
In the 2002 American action-comedy movie Showtime two odd-couple cops are ordered by the LA Police Department to pair up for a reality television police show. Hard-nosed veteran detective Mitch Preston (played in delightfully irascible fashion by the great Robert De Niro) is a distinctly unenthusiastic participant, but his new partner, brash and charismatic rookie Trey Sellars (Eddie Murphy), laps up the glamour and attention of his 15 minutes of fame, revelling in his new-found celluloid celebrity. Throughout the film the grisly Preston, who just wants to get his serious police work done, bemoans his flashy partner’s corner-cutting and grandstanding for the cameras, ignoring the all-important grunt work in favour of sexy TV stunts.
Open Justice – Racial Inequality, Video Evidence And Probable Cause
Questions about racial inequality continue to simmer in the United States following last week’s decision of a Staten Island Grand Jury not to indict Officer Daniel Pantaleo to stand trial for the killing of Eric Garner earlier this year. It’s a decision which has even some of the country’s most staunchly conservative commentators, such as Fox News traditionalist Bill O’Reilly, scratching their heads in disbelief. Protesters in New York have taken up from where the citizens of Ferguson left off. But unlike the unsavoury shooting of Michael Brown in Missouri, which was shrouded in conflicting versions of events, the video evidence of Garner’s death was there for all to see. The deceased’s non-threatening behaviour was visible, his cries for help audible, and the excess use of force by the Officers, irrefutable. Upon examining the deceased’s body, the coroner labelled Eric Garner’s death a homicide, having regard to the fact that he died as a result of a violent attack. The video clearly shows the officer applying a rear chokehold, a manoeuvre banned by the NYPD in 1993. The evidence was damning. Or so we thought. On 3 December 2014, a Staten Island Grand Jury declined to indict the officer.
The Underbelly Issue
A couple of years back, at the International Criminal Law Congress, I delivered a paper on the effect of pre-trial publicity on jury trials. Victorian Supreme Court Justice Betty King, who presided over the trial of Melbourne underworld figure Carl Williams and others charged in the wake of the Melbourne gangland war, was on the same panel of speakers. Justice King famously banned the high-rating Underbelly television series from being aired in the state of Victoria during Williams’ trial because of the prejudicial effect it might have on the deliberations the jury. Naturally, the ban caused quite a stir and upset a lot of people, not least of all the producers at Channel 9. But in the end it probably had significantly less effect than Justice King had hoped it would. Despite the television ban, the first episode of Underbelly was available online, everywhere throughout the world wide web, within 20 minutes of it being aired on television in states outside Victoria.
Ten Years On
10 years ago today, on 27 November 2004, the indigenous community of Palm Island erupted. The islanders had just heard read out at a public meeting the autopsy report into the death of the local man known posthumously simply as Mulrunji. He had been arrested a week earlier and taken to the Palm Island police lock-up, where he died a short while later following a scuffle with a Senior Sergeant of Police. A medical examination found he had sustained a cut above his right eye and four broken ribs, his portal vein was ruptured and his liver was split almost in two.
Supreme Court Rules Incentive Clawbacks Unenforceable
What goes up must come down, and vice versa. In a town that’s seen more than its share of booms and busts, landlords understand the concept all too well. In this town, when the cold winds of the economic winter blow, you cut your cloth to meet the market. If capturing a plum tenant means gifting them a rent-free period, or even shelling out for a fancy fit out, so be it. What you lose on the swing, you pick up on the merry-go-round. Or do you?
Lest We Forget
Today marks the 96th anniversary of the end of World War I. In four short years that conflict resulted in an estimated 40 million casualties, including over 200,000 young Australian soldiers killed or wounded in action. In the Battle of the Somme, the first day’s hostilities alone saw over 57,000 British casualties, and the overall body count eventually rose to over a million soldiers killed or wounded. A little over a year earlier another 340,000 men had fallen on the Gallipoli peninsula. It was hailed as the “war to end all wars.” Unfortunately, things didn’t quite turn out that way.
Exactly What They Take
Frank Darabont’s 1994 film The Shawshank Redemption is an enduring classic of American cinema. Based on the Stephen King novella Rita Hayworth and the Shawshank Redemption, it tells the story of Andy Dufresne, a young banker sentenced to life imprisonment in the tough Shawshank State Penitentiary for the murder of his wife and her lover, a crime he says he didn’t commit. That’s tough material for any audience, and when the film was first released it all but tanked at the box office. But eventually moviegoers came to embrace the morality tale at the heart of Andy’s redemption, and the film went on to outstanding critical acclaim, recognised as one of the best films of our time. Most of the most quotable quotes come from Andy’s fellow inmate Ellis “Red” Redding, played with understated dignity by the great Morgan Freeman, whose gentle narration becomes a quiet commentary of Dufresne’s desperate struggle to maintain his self-worth in the face of brutality and hopelessness.
To Have And To Hold
Picture: Dylan Nolte Source: Unsplash In a recent matrimonial property dispute case, the Full Bench of the Family …