James O’Doherty: NSW Attorney-General’s bail reform long overdue

The phrase “the wheels of justice turn slowly” may well have been coined with NSW Attorney-General Mark Speakman in mind, writes James O’Doherty.

The phrase “the wheels of justice turn slowly” may well have been coined with NSW Attorney-General Mark Speakman in mind.

Six months since the state’s first law officer ordered a review into a spate of contentious bail decisions, he has finally proposed reforms.

The two entirely uncontroversial changes Speakman will take to cabinet before July 4 will impose tougher technical standards for electronic monitoring devices that are proposed for an accused offender as a condition of bail and move to block convicted criminals heading for a prison term from being let out while awaiting sentencing.

On both issues, Speakman has been forced to act in the face of public outrage. On the latter, he was also given a directive from his boss.

In this column last year, I noted voters in focus groups observed by The Daily Telegraph identified law and order as an issue that favoured the Coalition government.

The NSW government has ceded to community concerns and will implement changes to bail conditions to bolster its law and order credentials for the next state election.

But more than six months on and after more community outrage at bizarre bail decisions, it would not be surprising if that view had changed.

Speakman tasked the Bail Act Monitoring Group in November with examining no fewer than eight bail decisions which did not pass muster.

They included decisions to bail an alleged drug kingpin, a bikie and an alleged rapist.

At the time, the Attorney-General ordered a “comprehensive briefing” so he could “seriously consider” any advice from the panel.

“I expect an interim update on this work by the end of the year,” he said.

The group still has not issued its final report, which is expected in around six weeks.

Slow to act … NSW Attorney-General Mark Speakman. Picture: Richard Dobson

It is only now Speakman is proposing any changes – to impose tighter technical specifications on electronic monitoring bracelets if that device is a condition of bail.

The change is designed to prevent future cases like that of Mostafa Baluch, who allegedly cut off his private ankle monitor before being caught while allegedly trying to flee to Queensland.

It is hardly a groundbreaking reform, so why did it take so long?

Speakman’s second reform came after Dominic Perrottet declared he would “fix” the legal system to stop convicted paedophiles being on bail while awaiting sentencing.

Speakman moved quickly to propose that reform and rightly so. He will propose a clause be inserted in the Bail Act requiring someone convicted of a crime to be refused bail before sentencing if a judge considers they will get prison time – unless “exceptional circumstances” apply.

Alleged drug kingpin Mostafa Baluch was arrested after allegedly removing his ankle monitor. Picture: Richard Dobson

The Attorney-General will take both proposals to cabinet before July 4, where they are certain to be approved.

Labor will support any legislation which prevents bail decisions like that which let convicted paedophile Neil Duncan walk free before sentencing, so the changes could become law by August.

Speakman rejects the assertion the changes have been forced by a raft of bad judicial decisions.

“The government is always alive to the need for legal reform in any area where cases arise that demonstrate community expectations need to be met,” he told me on Wednesday.

The Premier made the right call when he vowed on Wednesday to “fix” the legal system to prevent convicted paedophiles from being released on bail while awaiting sentencing.

“If that person is facing jail time then, certainly, they should not be allowed out between the conviction and the actual sentencing hearing,” Perrottet told 2GB’s Ray Hadley.

The failure to keep convicted paedophile Neil Duncan behind bars has likely damaged the government’s standing on law and order among voters. Pictures: Jack Tran

Former director of public prosecutions Nick Cowdery is staunchly opposed to any strengthening of bail laws. Even he told me giving a convicted paedophile bail didn’t pass the pub test (though he did say the pub test should not be used to govern the legal system).

In intervening on Wednesday morning to call for bail reforms, Perrottet moved to shut down a potential landmine for his government ahead of the next election.

As a Liberal told me on Wednesday, failing to prevent future bail fails would have risked making the 2023 poll a contest on law and order – and a battle in which the Coalition could not be certain of victory.

On law and order issues, Labor leader Chris Minns is tougher than some on his party’s left flank feel comfortable with.

For example, he was forced to stare down furious members of Labor’s Left faction after he declared the Opposition would support a crackdown on protesters causing mayhem on our roads.

As a Labor MP told me at the time, revelations Minns steamrolled ­members of his party into being tougher on crime could only help the Labor ­leader in the court of public opinion.

Apart from a few salvos from his left flank, the Labor caucus has been largely unified since the bloodletting that installed Minns as leader last year.

The same cannot be said for the government.

Internal Liberal party feuds were again exposed this week when Transport Minister David Elliott accused Treasurer Matt Kean of treachery over claims (which Kean denies) that the Treasurer intervened in the federal election just two weeks from polling day.

The Premier was forced to haul both men into line.

Disunity is death in politics and the friendly fire is an unforced error which only helps the other side.