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Queensland's chief magistrate takes on all disputed bikie bail applications Queensland's chief magistrate causes outcry over bikie bail directive
(about 1 hour later)
Queensland's chief magistrate has put himself in charge of all disputed bail applications made by accused bikies. Queensland's chief magistrate has ignited a row with lawyers and civil rights campaigners by putting himself in charge of all disputed bail applications by accused bikies.
Chief magistrate Tim Carmody has issued an edict that will effectively ensure he makes all the decisions in disputed cases, the Courier-Mail reported. Chief magistrate Tim Carmody has issued a directive that all contested applications for bail be reserved for him and that he will hear no more than two a day.
The Queensland government and the judiciary have been warring over a number of bikie cases after parliament passed new laws with a presumption against bail for members of criminal gangs. The Queensland government and judiciary have been warring over a number of bikie cases after parliament passed new laws with a presumption against bail for criminal gang members.
Despite that, bail has been granted to several bikies after magistrates were not convinced police had properly shown they were gang members. However, bail has been granted to several bikies after police failed to convince magistrates they were gang members.
The paper said Judge Carmody had issued a directive, dated 4 November, that put him in charge of any contested bail application that had not yet been set down for hearing. Carmody's directive has been criticised by the Queensland Bar Association.
"Unless the chief magistrate otherwise orders in the interests of justice, all bail applications to which this practise direction applies will be listed for hearing in Court 20 in the Brisbane magistrates court, not before 2.30pm," Judge Carmody said. President Roger Traves has urged him to reconsider, saying cases of a particular type should not be heard by one person.
"No more than two applications may be listed on one day." "The principles of fairness and equality before the law are best served by the court as a whole dealing with these applications, not a designated judicial officer," he said.
The directive says the main objective is to ensure all applications proceed without delay. It also aims to cut costs for the Office of the Director of Public Prosecutions and ensure "security for all". Queensland Council for Civil Liberties president Michael Cope says the unprecedented edict may be unlawful.
Contested bail application cases from outside Brisbane will have to be heard via video link to satisfy the decree. "It is clearly going to lead to people being held in custody for a long period of time, in breach of the obligation in the law that they be brought before a magistrate forthwith and their case for bail heard," he said.
Attorney general Jarrod Bleijie's office said it was not a matter he could comment on. Carmody, who is a former policeman, was appointed chief magistrate in September.
The Queensland Bar Association urged Carmody to reconsider his plan. The post is appointed by the state governor on the advice of cabinet.
President Roger Traves said the association could not support a practice in which one person would oversee all cases of a particular type. Carmody's directive, dated 4 November, says it applies to any contested bail application not yet set down for hearing.
"If that be the practical effect ... then the bar association respectfully urges the chief magistrate to reconsider it," he said in a statement. It says the main objective is to ensure all applications proceed without delay but also says the move should cut costs for the Office of the Director of Public Prosecutions and ensure "security for all".
"The principles of fairness and equality before the law are best served by the court as a whole dealing with these applications, not a designated judicial officer." Attorney general Jarrod Bleijie has declined to comment.
Queensland Council for Civil Liberties' president Michael Cope said Mr Carmody's edict might well be unlawful. Queensland University of Technology senior law lecturer Dr Nigel Stobbs says Carmody's direction could give the impression he lacked faith in Queensland's magistrates.
"It is, so far as we are aware, unprecedented for the chief magistrate to take a whole category of cases onto themselves. He said that holding people in custody while waiting for a bail hearing was unjust.
"It is clearly going to lead to people being held in custody for a long period of time, in breach of the obligation in the law that they be brought before a magistrate forthwith and their case for bail heard." "People have the right under our system to immediate or early access to justice," he told ABC radio. "To imprison them without just cause just goes against the grain of everything we hold to be just in our system."
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