vikorr wrote:Hi Dlowan
A well balanced post. Hopefully the jury will be as open minded.
Just a couple of comments
Quote:I know that Oz police have, in the past, frequently grossly racist towards Aboriginal people.....and I would be very surprised if this attitude had been extirpated.
All police officers are also everyday Australian Citizens (many people seem to forget this). The level of racism that exists in the police force will be almost identical to the level of racism in Australia.
What many people think of as Police Racism, is in fact what is called 'selective targetting', without which it is impossible to do policing efficiently or effectively - there is nothing 'personal' in the use of such a technique. Selective targetting is proven to work for other policing type jobs also - English Customs use it to screen airline passengers in order to prevent terrosism/hijackings on their international flights. It is not 'picking on' a group because of their race, colour, socio-economics, or religious beliefs, but rather, identifying that certain groups are responsible for a larger porportion of crime, and using that 'intelligence' to more efficiently/effectively perform policing duties - most of which revolves around first talking to people (for most 'crooks' will give themselves away while talking).
Ask your detective friend.
Quote:I only hope that, somehow, justice gets done....where the copper concerned is neither hung out to dry as a political scapegoat, nor wrongly protected by the powers that be.
Well, the justice system in Queensland has already been abandoned. As I said in my previous post, this is the first time in Qld History that the once (ie pre Hurley) independent DPP has had it's ruling overturned by a politician. The separation of powers effectively no longer exists (hopefully it can be rectified).
Further, after the government said it would not reveal the contents of the retired justices ruling, because it would prejudice the court hearing, the government then 'leaked' the retired Justices views on the case to the press ...in retaliation for the Police Unions criticism of the Govt. It will never be investigated as contempt of court, because it is a politician that has done this.
Also, the amount of publicity over this case appears to have dramatically polarised many peoples opinions.
I'm not sure that Hurley can get a fair trial in Qld (but, he can't be trialled anywhere else).
Either way, the case is going to cause further uproar in queensland.
"All police officers are also everyday Australian Citizens (many people seem to forget this). The level of racism that exists in the police force will be almost identical to the level of racism in Australia."
Hmmmm...two comments re this.
a. I think the police, at least in the past, (and I do have extensive experience of having worked with them), have an over representation of very rigid, conservative folk, and I would see them as having been more judgmental than the average ozzian. (I do think they have changed, though, since last time I worked with them frequently)
I think, for instance, their level of violence towards Aboriginal people, used to be extraordinary and appalling. Something my detective friends who have been around for a while would not deny. (Not that it was restricted to Aboriginal people.)
The attitudes may or may not be reflective of community values in general...but the extra power brings with it extra responsibility to put any attitudes aside, and be scrupulously fair.
Not, as I said, that I do not have empathy for the difficulty of the job and the damage it does....and the awfulness of what that fela would have been dealing with day to day, and the abuse he woud have received in the course of his work.
b. The DPP thing has happened here (South Australia) recently as well, and not over an aboriginal issue.
I would have thought it an appalling violation of separation of powers, but to my amazement the government interference was upheld as being fair and legal in the High Court!
To be honest, I have forgotten the Queensand DPP's reasoning for not opening a case against the police officer involved...can you recall it?
Can you also recall the mechanism by which the overturn was done? Here, it involved the Solicitor General's advice.
I remain very concerned here about political interference with the judicial process, though...but I can only think that the High Court decision in the SA case I referred to means that in that case it did not violate separation of powers? Is that enshrined in the constitution, or simply a custom and practice issue?
Of course, as you will recall no doubt, Joh BP did not even know what it was, so perhaps things in Queensland are "special" to this day!
Is the legal siblinghood in Queensland reacting as you are to the reversal of the DPP decision?
Looks like I need to read up on it more fully.
Do you have any good articles on it?