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Archived Press Releases 2004 27th July 2004

Judges find support from unexpected ally

(27th July 2004)

The strains in the relationship between the judiciary and the Government may have reached a new low point in recent days but the warning signs have been there for some time, according to the Sensible Sentencing Trust.

Speaking today on the division that appears to be widening between the Judiciary and the political executive, the Trust spokesman said that the comments by Chief Justice, Dame Sian Elias needed to be considered in context with views expressed by other members of the Judiciary over recent times.

Mr McVicar said that Judges had been expressing their frustrations at political interference in previously sacred and traditional roles of the Judiciary as far back as 2001, but arrogance by bureaucrats and Government meant their concerns fell on deaf ears. The argument developing is a direct consequence of that arrogance.

We are aware of various submissions by judges way back in 2001 to the Select Committee hearings on the Sentencing and Parole legislation. Those submissions were ignored. Those problems have now been highlighted by many cases having to be referred to the Appeal Court to clarify Parliament's intentions.

Not only has this frustrated Judges but it has cost the tax payer millions of dollars, Mr McVicar said.

This failure to listen to the concerns of Judges and the public has meant that the 2002 Sentencing Act has had to be revisited by Parliament to rectify loopholes that should never have existed. The 2002 Parole Act has become a farce with even the head of the Parole Board, Judge Ellis expressing his frustration recently.

Mr McVicar said he had seen Judges point at Parliament and say, "I can only do what Parliament allows me to do", as they expressed their utter frustration as the power to give effective deterrent sentences has gradually been stripped away.

Judges are not able to speak out publicly to protect their position, and have no option but to suffer in silence and hang their heads in shame as Government has introduced legislation that has systematically destroyed the public's confidence in the Judiciary.

Chief Justice Sian Elias and the Judiciary have the backing and sympathy of the Sensible Sentencing Trust in this argument, said Mr McVicar

Regards,

Garth McVicar
National Spokesperson,
Sensible Sentencing Trust.