Wax works
Friday, November 29, 2013
Justinian in Bar Association of Queensland, Bar Talk

Barbs from Brisneyland ... Fiery Qld bar AGM ... Calls for bar leadership to extract its nose from the government's rear ... Courier-Mail ticked-off ... Where was the AG when Gorgeous George Fryberg was having his swan song? 

IT was all a frightful misunderstanding. 

Roger (No Waves) Traves and the incoming prez Peter Davis came in for serious grilling from the rank-and-file at the Qld bar's AGM on Wednesday night (Nov. 27). 

It was a cathartic moment when barristers jawboned over whether they belong to an independent bar or a sycophantic bar. 

The membership wanted to know why Traves and Davis were assisting the AG, Dancing Jarrod Bjelke-Bliejie, to tighten up the throw-away-the-key legislation for dangerous sex offenders.  

See: Dance of the sugar plum fairy   

The Dancer blurted to a goggle-eyed ABC TV audience on Nov 15 that he's "working with" the bar on ways to keep this category of prisoner banged-up indefinitely. 

This was news to the ranks of criminal defence barristers, who seek to have prisoners who've done their time released under strict supervision orders. 

The AGM was wild. Accusations of conspiracy and failing to consult filled the air. 

Traves and Davis couldn't have been more apologetic for any "misunderstanding". 

Laboured discussion accompanied various proposed motions along the lines that: the attorney general should be asked to retract his statement about help from the bar; that the bar is opposed to any deal with the government on the Dangerous Prisoners Act; and that the bar supports the judiciary. 

Firebrand Fenians were to the fore in pressing the leadership for explanations. 

Ultimately sage and gravelly voices were heard. The prevailing mood was clearly opposed to the government's new Declaration Act, whereby the attorney can exercise executive power to detain prisoners, and in support of the judiciary deciding whether people should lose their liberty. 

In the end John Gallagher's motion that the bar support the judiciary was triumphantly passed and everyone went home feeling much better. 

The added twist was that incoming president Davis is the government's go-to man for dangerous prisoner cases. 

He's acting for the regime in trying to overturn a Supreme Court finding that long-serving prisoner Robert Fardon should be released under supervision. 

At the same time he's been advising young Bliejie that the the Dangerous Prisoners Act could be amended so that the onus is on jail birds to prove they can and will comply with supervision orders. 

Purists thought this straddle was a bit unsightly and there have been calls for the great man's resignation just as he clutched the orb of office.  

*   *   *

Davis: cease and desist (pic: Bowen Hills Bugle)

Davis was fast out of the blocks with his defence-of-the-bench agenda. 

The Bowen Hill Bugle has targeted Sunshine Coast magistrate Bernadette Callaghan as a softie. 

A gormless rapper called "T-Dub" Woodrow was quoted in the rag as saying he would recommend the madge to his friends after she "let him off" on charges of threatening to kill someone over the telephone. 

T-Dub added that Madge Callaghan had previously been kind to him on an earlier drink-driving charge. 

It was music to the Bugle's ear and it splurged with a headline: Sunshine Coast magistrate Bernadette Callaghan gets gansta rap for leniency

Prez Davis rode to the rescue with a missive to the membership and a furious letter to the editor.   

He told the editor that the magistrate was only doing her job according to law. 

"It is apparent you are conducting a campaign against her Honour. Such a campaign is an offensive abuse of the power you exercise and the privileges you possess as the editor of a widely circulated newspaper. 

You should desist this conduct forthwith." 

That should put the grimy hack in his place. 

*   *   *

Wax and wayne

To show his unique brand of support for the judiciary the Qld attorney general stayed away from Justice (Gorgeous) George Fryberg's Banco Court farewell on Thursday (Nov. 28). 

A prior booking was the highly convincing explanation. 

However, the absence was seen as a snub for George's temerity in staying a review of bail granted to Jarrod (The Bikie) Brown. 

The judge was alarmed by comments from Premier Newman that the judiciary should pay attention to community expectations, which required bikies to be kept under lock 'n' key. 

See: Pineapple pol  

George said he wasn't going to proceed with the hearing until the Crown explained what the pint-sized premier meant. 

And the pressing prior engagement by AG Bjelke-Bliejie? 

Why - unveiling execrable sculptures of the Duke and Duchess of Cambridge at a Gold Coast wax museum. 

Article originally appeared on Justinian: Australian legal magazine. News on lawyers and the law (https://justinian.com.au/).
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