Premier's attacks on judiciary show weakness

The Civil Liberties Council today attacked Premier Steven Miles’ stance that he would “speak to Attorney‑General Yvette D’Ath about changing Magistrates’ behaviour” to allow journalists into youth Courtrooms more often so that the public could be told about the proceedings.[1]

Civil Liberties Vice-President Terry O’Gorman referred to the Premier’s comments yesterday that “Where those reporters can be in those Courts I think Magistrates should let them in.  At the moment Magistrates are erring too much on the side of not allowing journalists in.  I think they are making this assessment too often”.[2]

Mr O’Gorman said the Premier should know that the law in this area is as reported in today’s Courier Mail by Brisbane Children’s Court Magistrate Megan Power who said she “was sympathetic to the media and community’s interest in learning about the matter in detail but the legislation demanded that she look only at the potential prejudice suffered by the defendant”.[3]

“The Premier’s suggestion that Magistrates’ behaviour should be changed when he full well knows it is his Government’s policy as reflected in Queensland’s Youth Justice Act that the law is as pronounced by Magistrate Power reflects the Premier’s weak and unprincipled repetitive attacks on Queensland’s Judiciary”, Mr O’Gorman said.

“In February last year Mr Miles’ then Deputy Premier attacked a Townsville Magistrate who released 10 children held on remand in the local watchhouse by saying “The safety of residents was being held to ransom by rogue Courts and rogue Justices”.[4]

“Despite the Premier’s then disgraceful and gutless attack on the Queensland Judiciary, only 3 of the 10 Release Orders which were the subject of his attack on the Townsville Magistrate were challenged in the Supreme Court by Prosecutors”, Mr O’Gorman said.

“And yet here is the Premier at it again by suggesting his Attorney‑General who is supposed to defend attacks on Queensland’s Judiciary where Judges and Magistrates are not allowed to speak publicly under the fundamental separation of powers doctrine should somehow ‘change Magistrates’ behaviour’”, Mr O’Gorman said.

“Here is Mr Miles back again putting his weak leadership on full display by attacking Magistrates rather than admit it is his own Government’s laws as ruled upon by Magistrate Power that ‘the legislation demands (a Magistrate) look only at the potential prejudice suffered by the defendant’”,[5] Mr O’Gorman said.

“Attacking Queensland Magistrates for applying laws brought in by Premier Miles’ own Labor Government requiring that a Court ‘look only at the potential prejudice suffered by the defendant’ is an unprincipled, weak and pathetic stance by a Premier spooked at losing the upcoming October Queensland State election on law and order grounds”, Mr O’Gorman said.

Mr O’Gorman said the Premier is cynically kicking out for current law and order purposes at Queensland’s Judiciary for following and applying the very law introduced by his own side of politics.

[1] See Courier Mail Wednesday 07/02/2024 Page 4

[2] Ibid Page 4

[3] Ibid Page 5

[4] See Guardian 10/02/2023 ‘Disgraceful and Gutless’ Queensland Deputy Premier pilloried for attack on Judiciary

[5] see Courier Mail 07/02/2024 Page 5