His Honour v Herr Kommandant

Last week Qld premier Campbell Newman told the state’s legal fraternity to “come out of your ivory towers” and realise the only reason the government introduced a raft of tough new laws because the “system was failing”.

He said members of the legal industry who had publicly questioned the legislation and queried whether the government was blurring the lines between the judiciary and the executive were out of touch.

Last year 400 people committed offences while out on bail in Queensland, Mr Newman said, adding that Phillip Graeme Abell was out on bail when he killed Gold Coast policeman Damian Leeding.

“They [the legal fraternity] are living literally in an ivory tower,” Mr Newman said.

“They go home at night to their comfortable, well-appointed homes, they talk amongst themselves, they socialise together, they don’t understand what my team and I understand, and that is Queenslanders have had enough.”

On the separation of powers

Mr Newman said he believed it to be “more of an American thing, I should say”, but said he understood parliament to be “supreme” because it was “the manifestation of the will of the people”.

But

“It would be absolutely inappropriate for us to interfere in the workings of a specific court or case. That is where the separation of powers comes in. I don’t tell judges what to do, neither does the Attorney-General, nor do we now.

“What we are saying is, the community says enough is enough, they are not being protected, we are saying, here is a new set of laws to try and protect Queenslanders.

“If Queenslanders don’t like it, they’ll vote us out.”

Now Queensland Supreme Court judge Justice George Fryberg questioned whether he should hear a submission from the Director of Public Prosecutions asking the Supreme Court to review the decision to grant bail to 25-year-old alleged Bandidos member Jarrod Kevin Anthony Brown who police allege was one of the Bandidos involved in a public bikie brawl on the Gold Coast last month. Continue reading His Honour v Herr Kommandant