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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-02-05 Daily Xml
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RULE OF LAW

Mrs REDMOND (Heysen) (15:42): It is my pleasure to speak after the member for Davenport's speech on a very important issue. Indeed, I think it speaks yet again to the need for an independent commission against corruption in this state so that we can have a truly open and accountable government. I want to talk about the fundamental importance of the rule of law, which seems to come under attack in this house, particularly from the Premier. I find it of great concern that he is so adamantly opposed to the rule of law.

In November, he was on the record accusing lawyers of being enemies of the state. Just this week (on Tuesday, our first day back) members may recall that he made an outstanding attack on the Finks motorcycle gang but, under the cover of that attack, he attacked Craig Caldicott in particular, one of the lawyers who sometimes represents people involved in—or accused of—criminal activities. The government's people then attempted to brand me as an apologist for the Finks, against whom the Premier was ranting on Tuesday.

Make no mistake, I believe that the Finks, the Hell's Angels, the Gypsy Jokers and various other motorcycle gangs are a major problem, heavily involved in—and, indeed, in control of—many criminal activities in South Australia and other states. I have led the opposition in its support for bills giving the police extensive powers to try to curb their activities—in particular, the Serious and Organised Crime (Control) Bill—but, through some peculiar reasoning of his own, the Premier of this state jumps between abhorrence at the activities of those organisations to the extraordinary position that lawyers are evil and that they are enemies of the state for doing their job.

It has been obvious to me since I came into this place that our Premier reserves a special hatred for lawyers. He sees them as members of an exclusive club. I can still remember the way he blanched one day when I suggested across the chamber that his resentment was born of the fact that it was a club to which he could never belong. The point is that the Premier has confused the evil perpetrated by bikie gangs with the very necessary role of lawyers in guaranteeing that everyone in our community is entitled to a fair trial. He seems to be prepared to throw out the notion that people should have a fair trial, and that involves every lawyer doing their very best to do their job.

Is the Premier suggesting that, when one is charged with a crime which might be considered heinous, you are not entitled to a vigorous defence? What if it is a terrible sex offence, perhaps against a child? Is he suggesting, for instance, that Labor MPs such as Milton Orkopoulos or Theo Theophanous, should not have a defence? Is he suggesting that a minister for transport charged with drink-driving offences should not be defended? Is he suggesting that when lawyers are doing their job that they should make some judgment of their own about whether the person is worthy of a defence and then only do a half-hearted job or a not very good job at all if they decide that it is not something they wish to do?

That point is that, were the Premier, as hated as he may be within the legal profession of this state, to be charged with a criminal offence in this state, our lawyers would do the right thing. They would step up to the mark and defend him to the best of their ability, because that is the job of a lawyer. The Premier fails to understand that the very fabric of our society falls down the moment you start to say that everyone cannot have the presumption of innocence until proven guilty and the entitlement to a fair trial. He needs to be called to account.

The most disgraceful thing of all is that the Attorney-General, as the chief law officer of the state, not only fails to call the Premier to account for his statements in this regard but he, indeed, stands behind the Premier and endorses him every step of the way. It is an absolute disgrace. Lawyers in this state are, with very few exceptions, honourable people doing the very best they can. They do so regardless of their feelings about what a client might be like as a person or what they think about the activity that might be alleged. They have to do their job, and their job is to do the very best they can do to defend their client within the limits of the law. They are bound by the rules to be officers of the court. They cannot mislead the court. However, within those limits, they must do the very best they can.

Yet, the Premier of this state, at every opportunity, criticises specific lawyers, lawyers generally and numerous members of the legal profession, be they the DPP, judges, the Parole Board or anyone else. It is totally unacceptable.

Time expired.

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