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Chief slams Gerard Maley, ex-defence lawyer for CLP’s tough bail bid

Question time has descended into personal attacks after the government hit out at the Deputy Opposition Leader for ‘building his livelihood’ on getting offenders bail before going into politics.

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Question time on the last day of parliament sittings descended into personal attacks, with the government calling out the “hypocrisy” of Deputy Opposition Leader talking tough on crime despite being a defence lawyer before politics.

It kicked off when Nelson MLA Gerard Maley asked Chief Minister Natasha Fyles “why can no one in your government understand that businesses don’t want more security, they want less crime?” as he referred to the closure of popular CBD restaurant Char.

“That’s absolutely what we want as a government – we’re a part of our community, we want less crime,” she said in response.

Nelson MLA Gerard Maley, the CLP’s Deputy Opposition Leader, was criticised in parliament on Thursday for pushing for tougher bail laws despite being a defence lawyer before politics. Picture: Pema Tamang Pakhrin
Nelson MLA Gerard Maley, the CLP’s Deputy Opposition Leader, was criticised in parliament on Thursday for pushing for tougher bail laws despite being a defence lawyer before politics. Picture: Pema Tamang Pakhrin

“It’s particularly ironic to get the question from the Member for Nelson, someone who’s built his livelihood on getting violent offenders bail.

“He still appears on a law firm website and I quote the firm says the best defence for criminal offences charges ‘including assault, perjury, drug offences, fraud, robbery, theft, murder, manslaughter, public order offences, sex offences, tax offences and more’.

“Let’s call them out – they are slogans, they are shallow and hollow but Mr Speaker, they have no shame in collecting dollars to defend people.”

Many CLP members angrily interjected through Ms Fyles’ repeated jabs at Mr Maley, while Independent Goyder MLA Kezia Purick tried to raise a point of order on relevance.

Gerard Maley’s picture (right) still appears on the website of Maleys Barristers & Solicitors, which his brother and former NT politician Peter Maley owns (left). Picture: Maleys Barristers & Solicitors
Gerard Maley’s picture (right) still appears on the website of Maleys Barristers & Solicitors, which his brother and former NT politician Peter Maley owns (left). Picture: Maleys Barristers & Solicitors

Mr Maley’s picture still appears on the website of Maleys Barristers & Solicitors, which his brother and former NT politician Peter Maley owns.

Mr Maley no longer works for the firm and is now the CLP Deputy Opposition Leader.

He was contacted for comment but instead Namatjira MLA Bill Yan responded, saying it was a disgrace to hear “Chief Minister Dirt Fyles” criticise Mr Maley’s earlier career.

“Sadly this was no surprise to Territorians,” he said in a statement.

“Yesterday Labor dismissed the desperate cries of thousands of Territorians who want action on crime as ‘perception’ and ‘gossip’ and today the government who have no plan for the Territory spent question time ignoring Territorians again.

“Labor can’t talk about their record as under every measure Territorians are worse off since they came to government.”

It comes after a fiery week of sittings in which a petition calling for Declan’s Law was debated and the CLP’s bid to toughen bail laws was voted down.

Stronger bail laws just ‘tough talk’: govt

Wednesday, August 30

The Country Liberal Party’s push to give all violent alleged offenders a presumption against bail has been labelled “tough talk” as the topic returns to parliament.

The opposition’s bail legislation was debated during Wednesday’s sittings into the evening but did not pass.

The Labor bloc and Mulka MLA Yingiya Mark Guyala voted against the Bill while independents Blain MLA Mark Turner and Goyder MLA Kezia Purick sided with the CLP.

Araluen MLA Robyn Lambley was not present for the vote but previously spoke in support of it.

It comes after the government released the findings of a bail review – following Declan Laverty’s alleged murder – which recommended no further law reform.

However the government in March did legislate a presumption against bail for violent offences involving a weapon – a move which Opposition Leader Lia Finocchiaro said did not go far enough.

“The reason bail is so important is because such a huge proportion of criminals who are bailed go on to reoffend,” she said in a press conference on Wednesday.

Opposition Leader Lia Finocchiaro in NT parliament on Tuesday, August 29 2023. Picture: Pema Tamang Pakhrin
Opposition Leader Lia Finocchiaro in NT parliament on Tuesday, August 29 2023. Picture: Pema Tamang Pakhrin

“In today’s court list, you will, find 25 people in that court list for breaching their bail.

“This is a critical issue that we have been fighting the government on for a very long time.

“It’s about making sure that people who have no respect for the law or the safety of others in our community are not set free.”

The CLP has been fighting for all violent offenders to start with a position of no bail, as well as an expansion of the controlled and prohibited weapons list – and ultimately the penalties those offences carry – to include “weapons of opportunity” like rocks and smashed glass.

The latter is one area the government did strengthen last month to include axes and machetes, but again the CLP has argued that fell short of community expectations.

Police Minister Kate Worden said police had “assured” her current laws were adequate. Picture: (A)manda Parkinson
Police Minister Kate Worden said police had “assured” her current laws were adequate. Picture: (A)manda Parkinson

While the debate carried into Wednesday evening, Police Minister Kate Worden suggested in a press conference earlier that morning the government would not support it.

“Let me be clear, bail is an outcome of a crime being committed – it is not a preventive activity, it will not drive down crime,” she said.

“The community needs to understand that that’s tough talk by the CLP.

“What that pans out to be though, is that a court can still provide bail to that individual if their circumstances indicate to the court that they are low risk to the community.

“If we (legislate) against presumption of bail for absolutely every offender, you’ll may as well just take away the bail system and that is a really fundamental part of our justice system.”

Ms Worden also said police had “assured her” the current laws were adequate, however Ms Finocchiaro said her party’s legislation had the support of the NT Police Association president Nathan Finn.

‘Forever etched in my mind’: Mother’s grief laid bare in debate

Tuesday, August 29

A nine-point plan to fix a “broken system”, forged by the grieving mother of Declan Laverty, has been debated in Territory parliament.

The 20-year-old was fatally stabbed while working at a Darwin bottleshop in March – a tragedy that led his mother Samara to start a petition calling for ‘Declan’s Law’.

Chief Minister Natasha Fyles on Tuesday morning moved Ms Laverty’s petition be “considered immediately”, granting each member 10 minutes to speak.

While the CLP fought for the debate to have no time limit, Labor used its numbers to block the move.

Samara Laverty travelled from Cairns to Darwin to hear the NT parliament debate her petition, signed by more than 26,000 people in the wake of her son's death. Picture: Pema Tamang Pakhrin
Samara Laverty travelled from Cairns to Darwin to hear the NT parliament debate her petition, signed by more than 26,000 people in the wake of her son's death. Picture: Pema Tamang Pakhrin

The public gallery was filled with about 20 people throughout the morning while Ms Laverty sat in the chamber.

Ms Fyles started by acknowledging the mark Declan had left in the Darwin community before his alleged murder in March.

“I think it’s important as we begin this debate today that we remember the brother, the son, the friend and not just the headline,” she said.

“He worked in our community and many people in our community have felt the impact of his tragic death.”

Ms Fyles then spoke of measures the government had taken in the wake of his death, including legislating a presumption against bail for violent weapons offences, wanding laws and a new knife crime strategy.

Opposition Leader Lia Finocchiaro read out Samara Laverty’s statement in NT parliament on Tuesday. Picture: Pema Tamang Pakhrin
Opposition Leader Lia Finocchiaro read out Samara Laverty’s statement in NT parliament on Tuesday. Picture: Pema Tamang Pakhrin

Opposition Leader Lia Finocchiaro, after hitting out at the government’s move to limit debate on what she described as “the biggest petition this jurisdiction has ever seen”, used her 10 minutes to read a statement penned by Ms Laverty.

“My son will never smile at me, say ‘hi mum, I love you’, give me one of his big hugs and hold on while I try and squirm away,” she said for Ms Laverty.

“That scene of him being stabbed to death and managing to get to his phone and message his parents will forever be etched in my mind.

“I made a promise to Declan … I didn’t know then what that fight would look like, but I promised him with all my heart and soul that I would fight with everything I had.”

The petition, which has been signed by more than 26,000 people, calls for programs for at-risk youth, police metal wanding and better powers and training for security guards – three areas the government has acted on since Declan’s death.

It also advocates for stronger laws on what constitutes a deadly weapon, which is in line with the CLP’s efforts to legislate a presumption against bail for offences involving any kind of improvised weapon like rocks and smashed glass, rather than just those on the list of prohibited and controlled weapons.

“The (alleged) offender was out on bail from a previous offence with an edged weapon – it is that reform that we seek,” Ms Finocchiaro read from Ms Laverty’s statement.

Declan Laverty, 20, was allegedly stabbed to death at The Airport Tavern in Darwin on March 19 this year. Picture: Facebook
Declan Laverty, 20, was allegedly stabbed to death at The Airport Tavern in Darwin on March 19 this year. Picture: Facebook

Deputy Chief Minister Nicole Manison was emotional as she addressed Ms Laverty and the petition.

“The enduring love of a mother is probably one of the most powerful forces in the universe,” she said.

“What I want to say to Declan’s beloved family is that we have listened to the petitioners, we have listened to the community.

“When we come into this place, and you have the power to make changes, to try to help a family not go through this type of thing again, that is something we take really seriously.”

Deputy Opposition Leader Gerard Maley urged the government to support the CLP’s bail amendment legislation, which the party is set to again table on Wednesday.

“The improvised weapons that people pick up on the side of the road or they have laying in the back of a ute, they’re the weapons that this government should have included for a presumption against bail,” he said.

‘No greater issue’: Declan’s Law to be debated in parliament

Monday, August 28

The calls of more than 26,000 people for action to fix a “broken system” is set to be the first thing NT parliament debates this week.

A petition urging the government to enact “Declan’s Law”, led by Samara Laverty in the wake of her son’s alleged murder, will be debated from 10am Tuesday.

Leader of Government Business Chansey Paech said the government would suspend standing orders to bring the petition to the top of the parliament agenda.

Petitions are typically debated for 16 minutes however Mr Paech confirmed he would allow the debate to be extended.

Samara Laverty’s son Declan was fatally stabbed while working at a Darwin BWS bottleshop in March. Picture: Pema Tamang Pakhrin
Samara Laverty’s son Declan was fatally stabbed while working at a Darwin BWS bottleshop in March. Picture: Pema Tamang Pakhrin

“We absolutely will be allowing that debate to take place on the floor of parliament and we will encourage the debate because it is an important debate to have,” he said on Monday.

It comes after the CLP repeatedly called on the government to reveal when the debate would happen, to allow Ms Laverty and other members of the public to attend.

During this government’s term only one petition out of 22 tabled has returned to parliament for debate.

The petition calls for “tighter bail laws” for offenders, first-time or repeat, who are charged with aggravated assault.

It also advocates for stricter weapons laws and the ability for police to trial metal wanding – two reforms the government acted on in parliament last month.

Since Declan Laverty’s death there has been three anti-crime rallies outside Parliament House that have each drawn thousands of protesters. Picture: Pema Tamang Pakhrin
Since Declan Laverty’s death there has been three anti-crime rallies outside Parliament House that have each drawn thousands of protesters. Picture: Pema Tamang Pakhrin

Increased training and powers for security guards were also called for, ahead of new laws in May that granted security guards the power to use capsicum spray.

Ms Laverty said the “huge” number of people who had signed the petition showed that they wanted to be heard.

“I’m hoping (parliamentarians) debate it appropriately, take the politics out of it and realise this is people’s lives, their safety and their concerns,” she said.

“All I really want is that it’s given the time and respect it deserves.

“I made a promise to Declan and I will keep fighting until we get change.”

Opposition Leader Lia Finocchiaro said the CLP would be pushing for the debate to have no time limit.

“It’s been 23 weeks since Declan Laverty was killed at his workplace by an alleged violent offender out on bail,” she said.

“Thousands have rallied outside parliament while the Chief Minister refused to address them or the problem.

“Territorians know that there is no greater issue than safety and demand to be heard.”

annabel.bowles@news.com.au

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Original URL: https://www.ntnews.com.au/news/northern-territory/nt-parliament-to-debate-declans-law-petition/news-story/898fabe2a3a795bd17145deb67426c61