Australia's 'secret trials'
Media Coverage: ABC Radio The World Today
Are ‘secret trials’ happening in Australia more than we think?
The mysterious case of a man imprisoned in the ACT last year in a process which was hidden from the public, is raising questions over whether more such "secret trials" are taking place in Australia.
It is understood that the prisoner, given a pseudonym of Alan Johns, was a former intelligence official, but details about his crime and background have been kept suppressed.
Interview with: Stephen Blanks, spokesperson, New South Wales Council for Civil Liberties, Brian Toohey, author and Michael Shoebridge, defence director, Australian Strategic Policy Institute
Listen HERE.
Mobile phone detection cameras, 'there's no need to reverse the onus of proof' - NSWCCL's Stephen Blanks
Media coverage: The Guardian
Legislation that reverses onus of proof described as ‘a dangerous precedent’
NSW courts could be flooded with tens of thousands of cases every year if the NSW government moves ahead with plans to roll out cameras that use artificial intelligence to detect drivers using their mobile phones, a parliamentary committee has warned.
The NSW Council of Civil Liberties’ Stephen Blanks said there was no need to reverse the onus of proof if the quality of the photographs was high enough to rule out confusion about what was in a driver’s hand.
Read more HERE.
NSW mandatory disease testing, frontline worker attacks
Media Coverage: 7 News
NSWCCL Treasurer, Stephen Blanks, spoke to 7NEWS Sydney in relation to the NSW Government's announcement to introduce a scheme for mandatory disease testing for people who expose frontline workers to bodily fluid. The proposed scheme would test for blood borne viruses including HIV, hepatitis B and hepatitis C. "Reasonable suspicion of a police officer doesn't really provide an evidence-based, medical reason for the action."
NSWCCL President (and Former DPP) urges drug overhaul
Media coverage: Sydney Morning Herald
The state's former top prosecutor has urged the Berejiklian government to decriminalise the use and possession of illicit drugs in NSW as the "first step" towards full legalisation, as the Premier maintains her opposition to overhauling drug policy to allow a pill testing trial.
Nicholas Cowdery, QC, who was Director of Public Prosecutions in NSW for 16 years, said "any coherent government drug and alcohol policy must be based on health and social foundations, not on the criminal law".
"It is the only practical and principled way to proceed, [and is] also in accordance with human rights," he said.
Mr Cowdery, who is now president of the NSW Council for Civil Liberties, said "decriminalisation, in my view, is just a first step" and the state should eventually move to the "legalisation, regulation, control and taxation of all drugs".
Read more HERE.
NSWCCL President - Morrison's plan "totally contrary" to the right to freedom of expression
Media Coverage: Sydney Morning Herald
Prime Minister Scott Morrison has sparked a furore over free speech by vowing to draft new laws to ban protesters from boycotting companies, prompting claims his "feverish" talk would curb the rights of all Australians.
NSW Council for Civil Liberties president Nicholas Cowdery said Mr Morrison's plan was "totally contrary" to the right to freedom of expression and that existing laws could deal with unruly conduct or assault.
"Large issues such as climate change and protection of the environment encourage strong responses by citizens whose broader rights are affected," Mr Cowdery said. "Protest action may well increase if effective measures are not taken by commercial interests to address those issues. Citizens should not be criminalised for taking such action.
"The Prime Minister says that they will take their time to get it right. No matter how long they take, they cannot get right wanton infringement of the rights of Australians."
Read more HERE.
Byron Bay Officer charged over 2018 teen arrest
Media coverage: Byron Bay Echo
One of the officers involved in the arrest of a teenager in the Byron CBD last year has been charged with common assault.
The extended delay in deciding whether or not to lay charges in relation to the incident has drawn widespread criticism of the NSW DPP, and the system more broadly.
The NSW Council for Civil Liberties described the delay as ‘unacceptable’.
Read more HERE.
Former Senator has ‘absurd’ protestor bail conditions dismissed
Media coverage: The Guardian
Former Greens senator Scott Ludlam has had bail conditions – that banned him from associating with Extinction Rebellion climate change protests – dismissed by a judge following his arrest at a protest earlier this week. The strict conditions prevented Ludlam from appearing in court on Thursday, due to restrictions on coming to the Sydney CBD.
The New South Wales Council of Civil Liberties said the conditions were “absurd”, would affect thousands of people, and infringed on the constitutional right to freedom of political communication.
Read more HERE.
Climate change protesters slam ‘harsh bail conditions’
Media coverage: The New Daily
Extinction Rebellion activists have accused police of being politically motivated in their “brutal” handling of climate protests.
NSW Council for Civil Liberties president Pauline Wright said such bail conditions were usually reserved for members of bikie gangs – not social or political groups.
Read more HERE.
Extinction Rebellion protesters bail conditions 'designed for bikie gangs'
Media coverage: Sydney Morning Herald
President of the NSW Civil Liberties Council Pauline Write said the bail conditions that the protesters were asked to sign were more commonly imposed on bikie gangs and those on terrorism charges.
"They're disproportionate to the gravity of the offences with which these people were charged, which would carry a small fine if not a section 10 dismissal," Ms Wright said.
She said it would also be difficult to identify other members of the large protest group in order to not associate with them.
"These people are also required to go into Downing Centre Court, which is in the Sydney CBD, so they'll have to breach the bail conditions to come to court or obey them by not going to court and face having a warrant issued for their arrest," Ms Wright said.
Read more HERE.
Bail conditions imposed on Sydney climate change activists a step too far
'Absurd' bail conditions prevent Extinction Rebellion protesters 'going near' other members
Civil liberties groups say bail conditions imposed on Sydney climate change activists are usually reserved for bikie gang members
Climate change protesters arrested for obstructing traffic have been given “absurd” bail conditions that ban them from “going near” or contacting members of 'Extinction Rebellion', which civil liberties groups say infringes on freedom of political communication. Some of those arrested were given a “wild” set of bail conditions that banned them from coming within 2km of the Sydney CBD or associating with Extinction Rebellion events.
“[You are] not to go near, or contact or try to go near or contact (except through a legal representative) any members of the group ‘Extinction Rebellion’,” the conditions say. “[You are] not to enter the Sydney City CBD or not go within 2km radius of the Sydney Town Hall.”
The president of the NSW Council for Civil Liberties, Pauline Wright, labelled the conditions “patently unreasonable”, “absurd” and likely unlawful under the constitution. She said the ban was so broad and unclear it would affect thousands of people.
“Where there is a legitimate political issue such as seeking action on climate change, protesters shouldn’t be seen to be forfeiting their democratic rights including freedom of association, freedom of movement and the implied right to freedom of political expression.”
- NSWCCL President, Pauline Wright.
Read the full article in The Guardian.
