Editorial: Yvette D’Ath tasked with changing court r ules – again

The attorney-general who in 2016 sponsored restrictions to the principle of open justice is now tasked with undoing them, writes the editor.

Attorney-General Yvette D’Ath is back in all-too-familiar territory.

It is not often we can laud a sitting politician for delivering a genuine victory for common sense, but today we do – welcoming Premier Steven Miles’s move to back with action his rhetoric about open justice.

Too often, populist politicians complain loudly and publicly about the behaviour of magistrates and judges, but then do nothing about it.

Yesterday, however, Mr Miles used the first parliamentary sitting day of his premiership to announce he would remove restrictions that were imposed by Labor eight years ago on journalists accessing courts.

We wrote in this column a week ago that with genuine community concern about the courts being too lenient on repeat young offenders, “at the very least, Queenslanders deserve to know what is going on”.

We wrote that when the media is denied access, the public is denied knowledge of the court process – and that this does nothing to dispel fears of personal safety, nor does it instil confidence in our legal system. It is after all, we wrote, Your Right in a democracy To Know this stuff.

Mr Miles echoed this sentiment in parliament yesterday, saying: “The public has the right to know what is going on in our court system. We want journalists to be able to cover these stories.”

He went on to say in answer to a later question from the opposition – which is also backing open justice – that he believed “that that kind of transparency and scrutiny is important and appropriate”.

We say, bravo. While a process is still to be run to determine exactly how the law should be changed to support his intent, the Premier is doing what so few politicians who have made political hay from criticising the judiciary in the past have done. He is changing the law to set the rules for the magistrates.

It was a week ago that Mr Miles was asked, in front of an audience at the Brisbane Convention Centre, for his views on the fact that the hearings for four of the five youths charged in relation to the shopping centre stabbing death of Ipswich grandmother Vyleen White had been held in closed court.

The Premier responded by saying he would talk with his Attorney-General Yvette D’Ath about how to best “change magistrate behaviour”.

“We haven’t considered this as a government policy, but my opinion is that where reporters can be in those courts … magistrates should let them,” he said.

“I think at the moment magistrates are erring too much on the side of not allowing journalists in … I think they’re making the assessment too often.”

Well, who knew, but it turns out that the best way to change that behaviour is to change the laws that govern the courts.

Section 20 of the Children’s Court Act was changed in 2016 by the Palaszczuk government to ban “ordinarily” journalists from Children’s Court hearings.

Reporters can apply to the magistrate to be allowed in, but that application can only be granted if, in the court’s opinion, the journalist’s presence would not be prejudicial to the interests of the child.

Such applications are rarely granted, with magistrates usually pointing to that open-ended excuse as a reason to keep things secret. In so doing, after all, they are acting in accordance with the intent of the law – that it should be the exception rather than the norm that reporters are allowed in the courtroom.

The attorney-general, who in 2016 sponsored those restrictions to the principle of open justice, was none other than Ms D’Ath – the same minister now tasked by a new Labor premier with undoing them.

You couldn’t make this stuff up.

VIDEO A REMINDER OF ROAD DANGERS

Take a minute to watch the above video of the shocking car crash involving Greens MP Amy MacMahon.

The collision, which has put Ms MacMahon and two other people in hospital appears to come out of nowhere – the mundane street scene instantly transformed to one of horror.

Ms MacMahon was driving from one community event to another when the terrifying crash occurred at Kangaroo Point about 6.30 on Monday night.

Her colleague Michael Berkman was emotional yesterday as he fronted media after watching footage online of the serious crash: “It’s quite harrowing to watch and it gives a clearer sense of how serious the incident was.”

It is a stark reminder to everyone about how quickly things can turn bad on the roads, and how well modern cars, with self-tensioning seatbelts, airbags and crumple zones can protect their occupants.

Although we do not yet have a timeline for her recovery, we do know Ms MacMahon is receiving the best possible care at Princess Alexandra Hospital.

She has been overwhelmed by public support.

While many of us may disagree with some Greens policies, we should all unite in wishing Ms MacMahon all the best for a speedy recovery.

We send our best wishes and hope she can return to serving her community as soon as possible.

Responsibility for election comment is taken by Chris Jones, corner of Mayne Rd & Campbell St, Bowen Hills, Qld 4006. Printed and published by NEWSQUEENSLAND (ACN 009 661 778). Contact details here