Qld: Legal reform attacks right to a jury trial

AAP General News (Australia)
04-14-2010
Qld: Legal reform attacks right to a jury trial

BRISBANE, April 14 AAP - The Queensland government is abolishing the right of many
Queenslanders to a jury trial - a right first established by Magna Carta in 1215 - the
Council for Civil Liberties says.

On Wednesday the Bligh government introduced the Civil and Criminal Jurisdiction Reform
and Modernisation Amendment Bill, legislation it says will introduce significant reforms
to the criminal and civil justice system.

However, civil libertarians say the alleged reforms will remove half to three quarters
of the matters presently dealt with by juries in the Supreme and District Courts to the
Magistrates Courts, which function without a jury.

Civil liberties council president Michael Cope said the government is claiming to implement
the recommendations of the Moynihan report into the workings of the Queensland courts.

"That report indicated the effect of the reform would be to remove half to three quarters
of the matters presently dealt with in the Supreme and District Courts to the Magistrates
Court," Mr Cope said.

"The government says this is a recommendation designed to improve efficiency but Mr
Moynihan provided no evidence to support the proposition that Queensland citizens are
currently abusing their right to have a trial by jury."

Mr Cope said efficiencies could be achieved by giving the defendant the right to choose
to have the offences dealt with in the Magistrates Court.

"No doubt many defendants for reasons of speed and to reduce legal costs would choose
to have the matters dealt with in the Magistrates Court," he said.

"The bill before parliament proposes that a number of very serious offences such as
sedition, affray, disclosure of official secrets, bribery, supplying drugs or instruments
to procure an abortion and criminal defamation must be heard before a magistrate unless
the magistrate finds there are exceptional circumstances to justify a trial by jury."

Mr Cope said trial by jury has long been recognised as ensuring that common sense and
democracy are at the heart of our criminal justice system by allowing ordinary citizens
to participate.

Where there are allegations such as sedition or disclosure of official secrets, the
state is pitted squarely against the individual citizen.

"It is precisely in those situations that the right to trial by jury is most critical,"

Mr Cope said.

"In addition, this legislation will severely restrict the right of a defendant to have
a committal hearing - a preliminary process which allows a magistrate to assess the strength
of the case brought by the police.

"The council considers this reform to be a retrograde step."

Mr Cope said the government was dishonest when it said that it was implementing the
Moynihan report.

"Whilst Mr Moynihan recommended restricting the right to a committal, he did so in
the context where he recommended improved obligations of disclosure on the prosecution,"

Mr Cope said.

"The government is not implementing those recommendations.

"In fact, the amendments to the disclosure obligation contained in the bill will reduce
the obligations on the prosecution to make disclosure.

"This legislation strikes at the heart of the right of an accused person to a fair
trial and should be rejected."

Mr Moynihan completed the report before his appointment to Queensland's Crime and Misconduct
Commission, which he now heads.

AAP stg/it

KEYWORD: JURIES

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