Alan Jones debacle mocks justice

THERE is something seriously wrong with a justice system that favours known criminals aged under 18 but goes heavy on upright citizens.

THE quality of justice in NSW is most strange. The Appeal Court bizarrely found it necessary to disqualify Margaret Cunneen, one of the best Crown prosecutors the state had the good fortune to employ, from a gang rape case; a senior judge agreed with a Muslim defendant that – on highly specious grounds – female court staff could not handle his drinking water; and broadcaster Alan Jones has been convicted of a criminal offence for broadcasting the name of a most repellent young man of questionable age after his identity, through error, improperly appeared in The Daily Telegraph. Jones, who has for years been Sydney's most successful morning radio host, has always been on the receiving end of crude insults from those with smaller audiences and larger egos. But it now appears the judiciary – and the wannabe judges who run the highly politicised petty authorities – are joining the fray. Notably silent have been the legions of self-anointed protectors of free speech, the civil libertarians and civil rights lawyers because Jones' audience is not theirs and his appeals to common sense and understanding of government process usually expose them as the poseurs they are. The self-acclaimed leaders of the media, who will be out in force to tut-tut over incursions on press freedom tomorrow night at a dinner to be addressed by Jonestown author Chris Masters, have kept their mouths smugly shut. They only want freedom for their speech, not that which challenges their politically correct vision of how the world should be. Jones was found guilty under a rarely used law designed to protect innocent young victims of crime and children involved in criminal activities. The section of the Children (Criminal Proceedings) Act holds: It shall be conclusively presumed that no child who is under the age of 10 years can be guilty of an offence. That Act defines a child as a person under the age of 18. Tell that to the train drivers who had a brick thrown at the front of their train, or try convincing a victim of the mobs now ruling George St, that those responsible for bashing them cannot be guilty because they were too young. The law against publishing is even more ridiculous, prohibiting naming individuals even when they are dead at the time of publication or broadcast. It means, as one legal eagle has said, that should the premier of NSW have a child murdered by al-Qaeda, that child's identity could not be disclosed by the press during any subsequent court action. Jones' case involved members of a large Pakistani Muslim family, four of whom are convicted gang rapists and their late father was facing perjury charges when he died. The court heard that on April 10, 2004, a car thumping with loud music and bearing the number plate "ON DOLE" attracted some rude gestures from passengers in a taxi. The driver cut the taxi off at the next lights and at least two people got out and attacked the taxi and its occupants. One of them, who later claimed to be 14 years old, used a metal pipe. The taxi driver attempted to defend himself and struck out with a screwdriver, hitting one of the assailants, who later died. The supposed 14-year-old was a key witness in the Crown case against the taxi driver. He had a lengthy criminal record, had used multiple aliases and many birth dates. During the trial he said he was 14 or 15 "or something like that" and at a later hearing that he was "16, 17". His father didn't know and his mother could only guess, basing that guess on her assertion her first child was born in 1978. No one knew – least of all the prosecution. Even the magistrate could only deduce the witness was born between 1988 and 1992. Jones read The Daily Telegraph's report of the ongoing trial on air and was prosecuted by the DPP. Unfortunately, the DPP wasn't prepared and asked for continual delays running from 2006 and into this year, and all the while Jones was paying his counsel. Even the fact the prosecution's case was based on a witness it was prosecuting for perjury didn't seem to trouble the magistrate. Nor was she concerned by his police record, the evidence that he bashed the taxi driver with a metal pipe, or that he had even bashed his own sister. Legally irrelevant to this case, perhaps, but most telling about the character of the "child" whose identity had been inadvertently revealed by Jones and The Daily Telegraph. Deputy Chief Magistrate Helen Syme said she accepted Jones' argument that the urgency of breakfast radio meant he could not check everything that went to air. "From time to time, negligent or reckless behaviour may occur," Syme said, fining Jones $1000 and handing him a nine-month good behaviour bond – and a criminal record. Radio 2GB licensee Harbour Radio was fined $3000 and News Limited, publisher of The Daily Telegraph, $4000. Jones is appealing the case. The transcript is worth reading. If this is the sort of justice meted out to a first offender, why should criminals have any respect for the law?