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The police have made it clear that they will be exercising a discretion as to who is searched - they will be “judicious” and elderly people will have nothing to fear. Research from Australia and overseas indicates that police assessments of whom to search or question are often based on generalizations and negative stereotypes that are in part attributable to ethnic bias.The Review found that the use of unwarranted generalizations and stereotypes is what happened during the trial
Read MoreQCCL President Michael Cope said today, “The rule against double jeopardy is not a rule designed to protect the guilty but to protect the innocent.”
Read MoreMr O’Gorman said that the ever present and growing influence of the Queensland Police Union on Queensland politics should be made more accountable by requiring both the Palaszczuk Government and the Crisafulli Opposition to publicise on a publicly available register all dealings with the Police Union in the next 12 months leading up to the next State election.
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Mr O’Gorman said there is clearly a problem with a cohort of juveniles committing car thefts and violent crime but attacking Judges and Magistrates who cannot defend themselves publicly is a cheap and easy political stunt.
Read MoreThe Civil Liberties Council calls on the Premier to intervene in this farcical controversy and bring Queensland in line with the rest of the country and outlaw police using the fatal stranglehold completely in absolutely all cases”, Mr O’Gorman said.
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“To deprive the public and the Coroner of the best possible evidence namely the audio and video of SERT body worn cameras is unbelievable”, Mr O’Gorman said.
Read MoreAstonishingly, when the government announced these laws, it relied upon a review of the trial of this system as justifying their introduction. As this submission will demonstrate, to the contrary, that report justified the criticisms which have been made of this type of law.
Read More“The traditional requirement that before a search can proceed there must be a reasonable suspicion that a crime has been committed or a weapon found is a bulwark protection of our liberty. Such a requirement is essential to being able to prevent arbitrary searches or searches based on bias. The granting of such powers will inevitably result in unwarranted invasions of privacy.”
Read MoreIt is to be hoped that the Inquiry in reporting on the police discipline term of reference will recommend a top to bottom thorough and fundamental change to a seriously flawed Queensland Police discipline system”, Mr O’Gorman said.
Read More“To change the double jeopardy law to get the State Government out of a political problem of its own making must be fought robustly and vigorously”, Mr OGorman said.
Read More“Faulty science has been one of the leading causes of miscarriages of justice in Queensland and throughout Australia for decades going back to the infamous Lindy Chamberlain monumental forensic scientific failure in the 1980s,” Mr Cope said.
Read MoreEvidence given by a former Queensland Homicide Detective at this week’s Whiskey Au Go Go bombing inquest that verballing allegations against police were “what criminal lawyers did in those days” is a tired old almost 50 year refrain by senior former Queensland Police trying to rewrite history.
Read MoreIt is this Council’s position that the monitoring role by the CCC is ineffective both in respect of individual cases and in dealing with trends in relation to complaints against police. While high level corruption or other serious police offending is investigated and prosecuted from time to time by the CCC all other cases are handed back to the QPS with a so-called monitoring role by the CCC. It is submitted that Queensland should adopt the New South Wales procedure for investigating complaints against police namely that there should be a standalone body separate from the QPS and the CCC to investigate complaints against Police.
Read MoreMr Murray also said that the foreshadowed integration “between QPRIME and Qld Health seems like a complete disaster waiting to happen”
Read MoreThe tit for tat unsubstantiated rape allegations against a Morrison Government Minister and a Federal Labor Politician must end and respect for the presumption of innocence must be urgently restored.
Read MoreThe Council supports a subjectivist approach to the criminal law. Subjectivism relies on the notion that individuals can be considered culpable for harm only where they were at the material time aware of the risk of causing that harm, and thus were able to avoid it. This means that it is important that the defendant voluntarily causes the outcome, either by consciously running the risk of that outcome or by actually intending it.
Read MoreThe Council recognises that this Bill is a response to concerns in the community about alcohol related violence. However, the Council maintains that the response to this issue needs to take into account the right to privacy, the right to freedom of association and the right to due process. All of these rights are recognised in Universal Declaration of Human Rights. The QCCL has as its objective the implementation of the rights contained in this instrument in Queensland.
Read MoreThe QCCL does not take the view that there is a human right to access alcohol. We note in this regard the discussion of this issue by McMurdo P. and Justice Keane in Aurukun Shire Council and Anor –v- CEO Office of Liquor Gaming and Racing [2010] QCA 37 at paragraphs 43 and 142 to 145. McMurdo P. returned to the issue in the decision of Morton –v- Queensland Police Service [2010] QCA 160.[1]
Read MoreThe Queensland Council for Civil Liberties has called upon the Parliamentary
Committee supervising the CMC to summons CMC head Robert Needham to a public hearing.
QCCL Vice President Terry O’Gorman said today a public hearing was needed to
explain why the CMC has taken four years to complete its investigation of the Queensland police handling of the aftermath of the death of Mulrunji Doomadgee.
The President of the Queensland Council for Civil Liberties today welcomed the fact that due process had been followed in the case of Sergeant Hurley.
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