Perth lawyer Josephine Pepe was found guilty of attempting to pervert the course of justice when she advised inmate and corrupt former detective Gary Fitzgerald not to give evidence about her boyfriend. Judge Fenbury suspended Pepe's 12 month sentence on compassionate grounds after she alleged her boyfriend at that time was on drugs and had bashed her daily, prompting her to give the advice under duress. The judge also said it was inevitable that Pepe would no longer be able to work as a lawyer.
A Perth detective sergeant copped 22 charges from the Crime and Corruption Commission of unauthorized access of a police computer. The CCC charged him with with corruption, 2x 'playing a police video interview to an unauthorised person,' and 'taking photos of himself having sex with a woman and emailing them to other people without her consent.'
Tuesday, August 12, 2008
Saturday, August 09, 2008
Election on the way
Ding-dong: The Truth in sentencing law is dead
Last week the West Australian Attorney General Jim McGinty announced new laws will be introduced by the State Government so offenders who commit "the most serious of crimes" spend more time in jail 'than ever before.'
In what appears to be the most eerie of timing, the chair-sniffing head of the state opposition Bra-Snapper Buswell resigned as the leader of the Shadow Ministry replaced by Canal Colin.
One day later came the announcement of the State election to be held on September 9.
AG Jim McGinty's long-running feud with the Liberal-run newspaper, The West Australian - the only daily in WA, in the lead up to election is enough to fill even the bravest Labor pollie's heart with 'the fear of crime.'
Notably, Premier Alan Carpenter also tried to get on-side with the media last week. Carps had a sudden change of heart in support of shield laws for journos - a distinctly different tune to the one played for the duration of the MEAA(WA)'s campaign for greater protection of journos in the face of Crime & Corruption Commission scrutiny. It was only a fortnight ago Mr Carpenter said that during his lengthy career as a Channel 2 reporter, the media had coped well without shield laws and though they may not be necessary, they would inevitably be passed because of the persistent nature of the media.
When The Werst began running with the truth in sentencing debate, Chief Justice Martin spoke about it at the opening of Law Week in May, to eradicate some of the public misapprehensions about the appropriateness of sentencing by the state's judiciary.
The CJ also discussed questions of the appropriateness of media coverage and the effect that incomplete and unbalanced reporting {in this one-horse town} can have on public perceptions. He said the fear of crime generated by such media coverage, in addition to factors that could shorten the length of a sentence, such as early guilty pleas and the ‘truth in sentencing’ law, could potentially affect the way the public perceives the effectiveness of sentence lengths.
The Prison Reform Group of WA laid claim to a witch-hunt by The West for full-length sentences, no parole and no time off for good behaviour, by focusing on the Truth in Sentencing law. PRGWA spokesperson Dr Steels said,‘sentencing should not be dictated by the whims of newspaper editorials or the gut instinct of talk back show hosts, but rather, it must work and be in accord with the highest national standards of probity and effectiveness.’ The PRGWA requested the creation of a sentencing advisory council, but that idea was passed over in favour of a review by the DPP.
Dr Steels also advised that under the changes, Aboriginal youth currently comprising 78.5% of detained juveniles-seen repeatedly before the courts due to systemic discrimination, inadequate legal representation and no magistrates in their home towns, could find themselves locked up for extended periods.
He said the changes will also maximize the differences between the 'justice' served out to Aboriginal and non-Aboriginal offenders, and added that it will further impact on the muster numbers of Indigenous children. Earlier this year the Police Commissioner had to ban kids from adult (police) lockups, where they were being sent due to overflowing juvenile detention centres.
Shadow Attorney General, Christian Porter, said he considered the affect on Indigenous people of the changes would be negligible. He also said the impetus from the opposition for the changes was because it made good public policy sense for people to be confident in the criminal justice system(which people?).
In his 2008 Law Week address CJ Martin said,
The CJ said as soon as possible after a judgement is made, all the information relating to that judgement is put on the Court website.
The introduction of legislation, the AG said, will allow the judiciary to simply use their discretion in the more serious(or is that more reported?) cases.
But, as the whole 'truth in sentencing debacle' erupted out of the media debate relating to just one case, Yates V WA, statements like this one(particularly prior to an election) should have alarm bells ringing:
Last week the West Australian Attorney General Jim McGinty announced new laws will be introduced by the State Government so offenders who commit "the most serious of crimes" spend more time in jail 'than ever before.'
In what appears to be the most eerie of timing, the chair-sniffing head of the state opposition Bra-Snapper Buswell resigned as the leader of the Shadow Ministry replaced by Canal Colin.
One day later came the announcement of the State election to be held on September 9.
AG Jim McGinty's long-running feud with the Liberal-run newspaper, The West Australian - the only daily in WA, in the lead up to election is enough to fill even the bravest Labor pollie's heart with 'the fear of crime.'
Notably, Premier Alan Carpenter also tried to get on-side with the media last week. Carps had a sudden change of heart in support of shield laws for journos - a distinctly different tune to the one played for the duration of the MEAA(WA)'s campaign for greater protection of journos in the face of Crime & Corruption Commission scrutiny. It was only a fortnight ago Mr Carpenter said that during his lengthy career as a Channel 2 reporter, the media had coped well without shield laws and though they may not be necessary, they would inevitably be passed because of the persistent nature of the media.
When The Werst began running with the truth in sentencing debate, Chief Justice Martin spoke about it at the opening of Law Week in May, to eradicate some of the public misapprehensions about the appropriateness of sentencing by the state's judiciary.
The CJ also discussed questions of the appropriateness of media coverage and the effect that incomplete and unbalanced reporting {in this one-horse town} can have on public perceptions. He said the fear of crime generated by such media coverage, in addition to factors that could shorten the length of a sentence, such as early guilty pleas and the ‘truth in sentencing’ law, could potentially affect the way the public perceives the effectiveness of sentence lengths.
The Prison Reform Group of WA laid claim to a witch-hunt by The West for full-length sentences, no parole and no time off for good behaviour, by focusing on the Truth in Sentencing law. PRGWA spokesperson Dr Steels said,‘sentencing should not be dictated by the whims of newspaper editorials or the gut instinct of talk back show hosts, but rather, it must work and be in accord with the highest national standards of probity and effectiveness.’ The PRGWA requested the creation of a sentencing advisory council, but that idea was passed over in favour of a review by the DPP.
Dr Steels also advised that under the changes, Aboriginal youth currently comprising 78.5% of detained juveniles-seen repeatedly before the courts due to systemic discrimination, inadequate legal representation and no magistrates in their home towns, could find themselves locked up for extended periods.
He said the changes will also maximize the differences between the 'justice' served out to Aboriginal and non-Aboriginal offenders, and added that it will further impact on the muster numbers of Indigenous children. Earlier this year the Police Commissioner had to ban kids from adult (police) lockups, where they were being sent due to overflowing juvenile detention centres.
Shadow Attorney General, Christian Porter, said he considered the affect on Indigenous people of the changes would be negligible. He also said the impetus from the opposition for the changes was because it made good public policy sense for people to be confident in the criminal justice system(which people?).
In his 2008 Law Week address CJ Martin said,
There is a widespread public perception that the judiciary are weak and ineffective when it comes to imposing sentences, and that even serious offenders are often spared sentences of imprisonment. While I can understand how this perception has been created, it is completely wrong. The figures show that more people are being sent to prison for longer periods than ever before. The courts are keen to improve the level of information available to the public on these issues.
The CJ said as soon as possible after a judgement is made, all the information relating to that judgement is put on the Court website.
The introduction of legislation, the AG said, will allow the judiciary to simply use their discretion in the more serious(or is that more reported?) cases.
But, as the whole 'truth in sentencing debacle' erupted out of the media debate relating to just one case, Yates V WA, statements like this one(particularly prior to an election) should have alarm bells ringing:
"the existing law had to be changed because it didn't reflect the intention of Parliament,"(or, The West Australian, it would seem). "It is vital that the public have confidence in sentencing by the courts. The Government’s new sentencing scheme should be more easily understood and supported by the general public."
Under the new laws, the Director of Public Prosecutions will be given powers to apply to the Court to re-sentence any offender sentenced after August 1 in accordance with these new provisions. This will apply to prisoners who, relying on the Yates decision, receive a reduced sentence either initially or on appeal. A legislative solution is the best way to remedy this problem. Accordingly, there will be no High Court appeal in relation to the Yates case.
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