The Daily Telegraph: It’s time to shine a light on world of legal darkness
The Daily Telegraph Editorial: In NSW, the administration of justice is so often concealed that it amounts to an oppressive veil of secrecy over significant sectors of our judicial system. The Daily Telegraph aims to cast light by pursuing greater access across a range of judicial matters.
A motorcycle accident nearly 100 years ago, more than 16,000km away, led to the foundation of a crucial legal concept.
That crash saw a fellow named McCarthy hauled before a British court on a charge of dangerous riding.
He was quickly convicted, but McCarthy’s lawyers then discovered that a clerk in the court who was involved in the sentencing process also worked for lawyers pursuing the motorcyclist in a separate civil matter.
This had not been disclosed.
So the decision was appealed, and the court’s eventual ruling included this line: “Justice should not only be done, but should manifestly and undoubtedly be seen to be done.”
So it should.
But in NSW, the administration of justice is so often concealed that it amounts to an oppressive veil of secrecy over significant sectors of our judicial system.
In just the past two years, a massive 366 suppression orders have been placed on legal cases. This means that identities of criminals and, in some examples, entire trial proceedings are concealed from the public.
Those suppression orders are in addition to other secrecy measures that prevent publication of the names of sexual predators listed on the Child Protection Register.
Furthermore, the public is sometimes not permitted to know of alleged crimes committed by people out on bail.
“A basic principle of our legal system should be open access to justice,” Labor’s shadow attorney-general Paul Lynch told The Daily Telegraph.
Instead, the media is routinely prevented from reporting all the details of criminal trials. There are also barriers to the publication of witness statements and other documents.
As well, there is little consistency to non-publication rulings. Such decisions are frequently made by court registrars. To seek publication, media organisations are required to argue their cases with the assistance of expensive legal teams.
It all adds up to a world of legal darkness. The Daily Telegraph aims to cast light by pursuing greater access across a range of judicial matters.
Meanwhile, how did things work out for McCarthy, our wayward 1923 motorcyclist? He was acquitted on appeal.
Justice was done.
And, as it should also be in NSW, it was seen to be done.
PROMO THAT CUTS BOTH WAYS
If Gillette aimed to score global headlines, job done. But if the razor maker’s campaign against “toxic masculinity” was a bid to boost sales, perhaps it won’t be such a triumph.
An international backlash is seeing Gillette products shunned by formerly loyal customers turned anti-Gillette activists. And another social justice issue has now come to light following Gillette’s misdirected virtue signalling adventure.
Gillette charges substantially more for its women’s razors than it does for products aimed at men.
That’s not exactly being the best they can be.
A GREAT WORK IN PROGRESS
Australia is one of civilisation’s greatest successes. Our remote land, unknown except to its original inhabitants mere centuries ago, is a thriving, wealthy, creative and cohesive social masterpiece.
We enjoy lives so harmonious by comparison with those endured elsewhere that it is little wonder so many seek to join us from nations around the world.
And all of this is due to the people who have built our nation: the Makers of Australia.
These men and women are in some cases well known and, in other cases, lost to history. Some began their nation-building work hundreds of years ago, and some work today.
But they all have one thing in common. Their efforts have shaped and are shaping our land — from establishing our cities and initiating our industries to defining our culture and crafting our democracy.
As Australia Day approaches, put aside arguments over the date and the symbolism.
Instead, look at the evidence.
Australia’s greatness is all around us, in our people and our passions. It is a cause for celebration every single day.
The Daily Telegraph, printed and published by the proprietor, Nationwide News Pty Ltd A.C.N. 008438828 of 2 Holt St, Surry Hills NSW 2010, at 26-52 Hume Highway, Chullora. Responsibility for election comment is taken by the Editor, Ben English.