Legal fraternity hits back at Premier’s attack on judiciary

Queensland’s legal fraternity has hit out at the Premier’s “weak and unprincipled” attack on the judiciary, warning continued criticism damaged public confidence in the justice system.

Queensland’s legal fraternity has hit out at the Premier’s “weak and unprincipled” attack on the judiciary, warning continued criticism undermined the separation of powers and damaged public confidence in the justice system.

It comes after Steven Miles criticised magistrates for not allowing journalists access to court appearances for children charged with the murder of grandmother Vyleen White, saying he would speak to the Attorney-General about “changing magistrates behaviour”.

But the Premier has since come under fire for the comments amid revelations he voted for Labor’s 2016 Bill to close the children’s courts.

Queensland Premier Steven Miles laughs off a question about youth crime at the Queensland Media Club. Picture: Sky News Australia

“Here is Mr Miles back again putting his weak leadership on full display by attacking magistrates rather than admit it is his own government’s laws…,” Queensland Council for Civil Liberties Vice-President Terry O’Gorman said.

“Attacking Queensland Magistrates for applying laws brought in by Premier Miles’ own Labor Government requiring that a court ‘look only at the potential prejudice suffered by the defendant’ is an unprincipled, weak and pathetic stance by a Premier spooked at losing the upcoming October Queensland state election on law and order grounds.”

Mr O’Gorman said it followed a “disgraceful and gutless attack” on the courts last year when a Townsville magistrate released 10 juvenile defendants from watch houses.

“And yet here is the Premier at it again by suggesting his Attorney-General, who is supposed to defend attacks on Queensland’s Judiciary where Judges and Magistrates are not allowed to speak publicly under the fundamental separation of powers doctrine, should somehow ‘change Magistrates’ behaviour’,” Mr O’Gorman said.

Queensland Council for Civil Liberties Vice-President Terry O'Gorman.

Queensland Law Society President Rebecca Fogerty also took aim at the Premier’s comments.

“Violent crime is deplorable, and we denounce it,” Ms Fogerty said.

“But our whole community suffers when fundamental principles like the separation of powers – which exist to protect us from the excesses of state power – are questioned and degraded.

“To be clear – criticism of the courts is not inherently problematic in a healthy democracy. But targeted attacks in the context of certain cases is improper and undermines public confidence in our justice institutions.”

Mr Miles, in a statement, said he would “not apologise” for saying journalists should be allowed by magistrates to be in court more often.

“We give the courts the tools they need to do their jobs effectively – if the legal community is saying we need to change the law to reduce magistrate discretion I will consider that,” he said.

“There will always be times reporters shouldn’t be allowed in children’s court. But the community should rightly expect that whenever there can be that scrutiny there should be.”

Mr Miles, speaking at the Queensland Media Club this week, said magistrates were “erring too much on the side of not allowing journalists in” to court rooms.

“I can think of instances, though, where it’s reasonable. You might have domestic violence issues, you might have child safety issues, I can see that there are reasons why magistrates should, on a case-by-case basis, be able to make that assessment,” he said.

“But I think they’re making the assessment too often not to have reporters there. And I’d certainly look for ways to encourage magistrates to consider making the courts more open.

“I think that is good for scrutiny of our court processes. But also good for helping you do your job in translating to the community what happens in those courtrooms.”