Call for Campbell Newman and Jarrod Bleijie to resign

It's been nearly six months since I've written.  My silence wasn't driven by apathy or lack of time, but more a sense that I needed to wait and see how this played out.  My concern levels have been steadily rising but I kept quiet - waiting and watching.

This morning I woke to discover that the Premier of Queensland believes that I am a criminal.  My alleged crime?  Daring to represent those accused of criminal offences and, shock horror, expecting to be paid for my services!  To be fair to Mr. Newman he did try to limit his comments to lawyers who represent bikies, but the principle can be universally applied to all criminal defence.  Somehow, in his twisted mind, a lawyer can be complicit in criminality simply by doing their job.

I am an Officer of the Supreme Court of Queensland, that is, I am admitted as a Solicitor.  My primary duty is to serve the administration of justice and uphold the rule of law.  I take this duty very seriously.  Sometimes, when that duty conflicts with my duty to my client, then I cannot continue to represent that client - my duty to the court is paramount.

Not only am I personally offended by the Premier's comments, I am both appalled and frightened that both he and the Queensland Attorney General seem to have absolutely no idea how our legal system works.  Hundreds of years of checks and balances thrown out on a whim because it's popular or politically convenient.  I could perhaps forgive Mr Newman, but Mr Bleijie has a law degree - he's been trained to understand how and why the system is the way it is. It's not perfect, but there are good reasons why it has developed as it has.

Let's take a look back at some of the things Campbell Newman and Jarrod Bleijie have been saying over recent months (most of it in relation to the absolutely insane, poorly drafted and downright scary "bikie laws").

Campbell Newman on judges who apparently live in ivory towers, The Australian (25/10/2013) http://goo.gl/X0aZwb:

"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."

Those judges were previously lawyers.  As a lawyer, I can tell you that I spend my working life in and around criminal courts, and yet you seem to think that I just don't get it.  I see it, day in and day out.  I see the regret, shame, mental health problems, drug addiction, family breakdowns, stress, disgust and sometimes sheer idiocy in my clients.  I cannot help but see the impact that has on the victims of crime (I see them in court, see the pictures of their injuries, read the Victim Impact Statements).  I also see the impact on the community as a whole (yes, I live in this community too). I am not blind, but I am compassionate and I believe in the rule of law.

One of the foundations of the Westminster system is the Separation of Powers between the Judiciary, the Legislature and the Executive...  Quote from the same article linked immediately above:

Mr Newman also dismissed the premise of the separation of powers - between the government and judiciary - saying it was "more of an American thing", and that the parliament's decisions were "supreme".

Mr Newman, if you have such a limited understanding of our system of government, you should resign - right now.  You do not deserve to hold the office of Premier of Queensland if you do not even understand the separation of powers.

Which brings us to the presumption of innocence.  The bikie laws reverse the presumption of innocence so that if you are accused of criminal association, you have to prove your innocence (http://goo.gl/sg9SCV).  On top of this, the Attorney General recently had the hide to suggest that the fact that the charge had to be proved in court, notwithstanding the reversal of the presumption, was a safeguard to ensure that innocent people weren't caught up in this witch hunt (http://goo.gl/2JpV26).

Okay, so now we've got a Premier who doesn't know that the Separation of Powers is a critical foundation of our system of government, and an Attorney General who has absolutely no regard for the presumption of innocence.  And that's not to mention that the VLAD laws are so poorly drafted that nearly anybody could be caught up and accused of criminal association.

Here's what you really need to know:  the police can come knocking on your door, allege that they have evidence you associated with outlaw motorcycle gangs, charge you and hold you with a presumption against bail, under the threat of mandatory sentencing if the charges are proven (remembering that you have to prove your innocence rather than the prosecution having to prove your guilt).  Moreover, Legal Aid do not provide assistance for bail applications, and it's a bit of a lottery as to whether you would get assistance for your substantive matters given current, restrictive funding policies, which include a merit test.

The general public like to think that they have nothing to fear from these laws if they are law-abiding - that is simply not true.  The police aren't infallible, sometimes they get it wrong.  There is no reason to expect that they won't come knocking at your door.  If you have the deck stacked against you, and no legal representation, how are you going to prove your innocence?  Legal Aid won't come to the party if they deem that your case has insufficient prospects of success.

I really wasn't going to get into all this because I have faith that the High Court will overturn these egregious laws - but when the Premier of Queensland calls me a criminal, and he and his ministers demonstrate such an appalling lack of understanding about the justice system and our system of government as a whole - I just can't remain silent.

Mr Newman and Mr Bleijie - on behalf all fair-minded and sensible Queenslanders I hereby call for your respective resignations.