The following lecture notes relate to a presentation give to ‘the floor’ of the Sir Owen Dixon Chambers by Dr Robert Cavanagh.
The presentation used the case of Kathleen Folbigg as a case example to examine the limitations of the criminal appeal process in Australia as it relates to victims of injustice and to propose an alternative approach – creating a Criminal Case Review Commission.
Political prosecutions are commonplace in authoritarian jurisdictions but they seen more in democracies now too. Their existence is a major problem and represent a crime against democracy.
This article provides an historical review of injustice in the Australian legal system.
Turner contends that there was a complex relationship between the government, the judiciary and the police that involved ‘an unacknowledged agreement’ where ‘law enforcement is based on violence [that] almost necessarily involves malpractice’ and ‘[y]et none of this can be admitted by Government or Bench, because to do so would be to undermine an institution on which the power of judges and politicians depends’. In the end, corruption provides the foundation for injustice to occur.
Mark Basa has been at the Villawood Detention Centre for several years. Without warning and in the middle of the night, he was recently taken from Villawood to Perth where he stayed for a number of weeks. Then, again in the middle of the night and without warning, he was taken in chains to Christmas Island.
Finding out why a person has died, described in modern times as finding the ‘manner and cause’ of death has been the role of a coroner at least since the thirteenth century.
Their role has changed in the last century, with a greater focus on the growing relevance of death prevention and coronial recommendations. Governments have found this role particularly uncomfortable because it can expose obvious failures and require reform of systems.
We are physiologically ‘designed’ to feel and respond to fear. Almost universally, we use fear in our interactions with others. However, it is also a tool for politicians to ensure the population remains complaint and accepts injustice.
September 11 heralded many changes across the world. In Australia, one of those changes was a move toward greater restrictions on fundamental legal rights. This article explores some of those changes.
