Free Content Management

Butler JUSTICE PROJECT'S LETTER TO CMC 27 May, 2003 Mr Brendan Butler, Chair, Crime and Misconduct Commission, Level 3 Terrica Place, 140 Creek Street BRISBANE Q 4001 Dear Mr Butler, We enclose a number of documents and seek your response for a story we are writing on the correct interpretation of Section 129 of the Criminal Code of Queensland. You will notice in relation to this matter that the views of the CJC of which you were the former Chair, and expressed in a number of places by Mr O'Regan, Mr Le Grande and Mr Barnes, as well as by the former DPP, Royce Miller QC, appear to be in complete disagreement with the opinions of the current DPP, Ms Clare, former Appeal Court Judge James Thomas QC, former Queensland Solicitor for Prosecutions and academic David Field and former PNG Senior Prosecutor and academic Peter Waight. Given that it appears therefore that the treatment of public servants may be different under the law (according to the former CJC's understanding of it) from that of an ordinary citizen (according to the current DPP's understanding of it), we seek to know whether the opinion of the Crime and Misconduct Commission now accords with that of Ms Clare (as well as James Thomas QC, Associate Professor Field and Mr Waight) or remains aligned with that expressed by the former CJC, its officers and Royce Miller QC. We believe the issue demands a response from the CMC. Not only does your organisation determine complaints based on whether public officials are in breach of the law, but, according to the public record, the view of the CJC in this matter was also shared by retained counsel, Mr Noel Nunan. Mr Nunan is now a serving magistrate and the apparently conflicting views of Mr Nunan and Mr Manthey (who, contrary to the Nunan view, recently committed a citizen for trial on a charge under s. 129 or alternatively s. 140) raise serious issues about the administration of justice and the equality of citizens before the law in this state. We would appreciate receiving your view on this matter of s. 129, and whether it accords with that of the former DPP or the current DPP as we are anxious to clarify the issue and include such clarification in a story we are writing for our Web site. Yours sincerely, Georgina Robinson and Susann Kovacs For and on behalf of Bruce Grundy and JOUR 2201 and JOUR7201 student participants in The Justice Project , School of Journalism and Communication, The University of Queensland. 24.5.03 CMC'S RESPONSE BR> 3381 page visits Content Management Software 2012