Opinion: Court proceedings for young alleged offenders must be transparent

The maxim that ‘justice must not only be done, but must also be seen to be done’’ has never had more resonance than it did this week in Queensland. Even after a law change allowing media access to children’s courts, we still saw censored proceedings, writes the editor.

That old maxim – “justice must not only be done, but must also be seen to be done’’ – has never had more resonance than it did this week in the state’s children’s courts.

After a change in law allowing media access to Queensland courts hearing matters related to juveniles, we still today saw censoring of proceedings and thwarted attempts to sit in on court hearings.

One magistrate expressed concerns that the media reporting on juvenile crime was misdirecting focus away from more important issues such as domestic violence and families living on the streets. Another barred the media from hearing details about a teenager accused of killing his mother’s partner in an alleged stabbing.

The change in laws regarding media reporting in the children’s courts stemmed from public outrage over the death of Vyleen White last February.

Vyleen, aged 70, was allegedly stabbed and killed in an underground car park in front of her six-year-old granddaughter because her alleged assailant wanted to steal her Hyundai Getz.

The new laws were intended to make children’s courts open to not only media, but victims of crime as well as the families of victims.

They were intended to allow journalists, previously required to apply to attend proceedings, to attend the court and report proceedings unless barred from doing so to prevent any prejudice to the administration of justice.

Last week, on August 30, Premier Steven Miles and Attorney-General Yvette D’Ath issued a joint statement in which the Attorney-General declared that media access to the courts would help give the wider community confidence in the justice system.

“Open justice is fundamental to our strong democracy,’’ Queensland’s first law officer said.

Open justice is certainly fundamental to a strong democracy, but what occurred this week was far removed from open justice.

It was Lord Hewart, the then Lord Chief Justice of England, who exactly 100 years ago, referring to the vital importance of the public’s perception of justice, wrote that justice should not only be seen to be done, “but should manifestly and undoubtedly be seen to be done.’’

Juvenile criminals in Queensland and across Australia have long been quarantined from Lord Hewart’s axiom, largely with public support.

But in recent years there has been a dramatic shift in public opinion.

Very few will argue that the key issue in the looming October state election is community anxiety about crime and, more specifically, juvenile crime.

The very fact that the government moved to open up the state’s children’s courts to the media is a direct result of that anxiety which has grown across the state, forcing both the ruling government and the opposition to create policies to address the issue and even manifesting itself in street protests.

Some judges – public servants paid by taxpayers operating in forums funded by taxpayers – are using their discretionary powers to control information coming out of their courtrooms despite the public’s clear desire to be better informed about juvenile crime.

The Queensland government made the right move in opening up the courts. It’s up to magistrates to follow through, reflect the will of the people and allow the public to know the truth about this crisis.

HELPING KIDS SURVIVE AGAINST HORROR DISEASE

There are now more than 380,000 Queensland children with no protection against meningococcal as the state faces an outbreak of Invasive Meningococcal Disease (IMD).

It’s a health crisis in the making, sparking a warning from the state’s chief health officer John Gerrard who notes in a story in today’s Courier-Mail that only 14 per cent of children have been vaccinated against the potentially fatal disease.

Dr Gerrard is urging parents to get their kids vaccinated against all vaccine-preventable strains of meningococcal.

It’s sound advice from an expert, yet the vaccine hesitancy which has marked the post-Covid years suggests there are still far too many Queenslanders who will ignore the warnings.

The Australian Medical Association just last month sent off a submission to the federal government’s 2025-2030 National Immunisation Strategy highlighting the crucial role Australian GPs have played in making Australia a world leader when it comes to vaccination rates.

But Australia is by no means insulated from an international trend which has seen a drop off in childhood vaccinations, driving a global resurgence in measles and other infectious diseases.

Vaccines have a proven track record in saving lives and we would urge all parents to take this matter deeply seriously.

Responsibility for election comment is taken by Melanie Pilling, corner of Mayne Rd & Campbell St, Bowen Hills, Qld 4006. Printed and published by NEWSQUEENSLAND (ACN 009 661 778). Contact details are available at www.couriermail.com.au/help/contact-us