While I have only had 25 years' experience as an advocate, my first 12 years of practice was as a prosecutor in the ACT DPP. Fundamentally, prosecutors need to act dispassionately and objectively – firmly but fairly – and only prosecute appropriate charges when there is a reasonable prospect of obtaining a conviction.
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Like Jack Pappas ("Time to appoint a watchdog", Times2, July 6, p1), I too have noticed what appears to be a watering down of these principles in recent years with a win-at-all-costs approach emerging where cases that objectively have no reasonable prospects of success are pursued with a vigour bordering on zealotry at times.
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While views will differ as to the need for independent oversight of the DPP, there should be no question that all lawyers who prosecute should be subject to the same rules and standards of conduct as other legal practitioners.
However, because of a loophole in the Legal Practitioners Act, DPP prosecutors (as government lawyers) are not required to hold practising certificates and are therefore not amenable to the same disciplinary processes applicable to other legal practitioners.
The absurdity of this is that the Barristers Rules, which provide rules for the conduct of barristers when acting as prosecutors, do not apply to ACT DPP prosecutors who do not hold a barrister's practising certificate. Anyone wishing to complain about the conduct of a prosecutor cannot simply go to the Law Society or Bar Association like they can in relation to the conduct of any other legal practitioner. Accordingly there is an increasing perception (rightly or wrongly) among those who practice criminal law in the territory that prosecutors do not feel too constrained by rules of conduct that only apply to prosecutors with practising certificates.
If an independent watchdog for the DPP is not on the government's radar, I would urge the attorney to at the least take steps to ensure prosecutors are subject to the same rules of conduct and discipline as other legal practitioners (and other prosecutors). Justice not only needs to be done but needs to be seen to be done.
Steven Whybrow, barrister, Canberra City
It is a sad fact but our DPP is in desperate need of an independent watchdog to review its decisions. Time and time again the ACT DPP is running matters that have little or no prospect of success.
Ultimately these clients are acquitted but only after they and the community have incurred substantial, irrecoverable cost. On multiple occasions I have written to the Director's Office highlighting the insurmountable flaws in various cases only to have them continue blindly with prosecutions doomed to fail.
No one in our community is well served by this zealous approach.
Peter Woodhouse, partner, Ben Aulich & Associates, Canberra City
With reference to the article "Time to appoint a watchdog" by Jack Pappas (Times2, July 6, p1), I am still waiting, after seven years of legal proceedings, to find out the legal grounds for a prosecution which turned out to be based on fabrication of evidence and false statements. The ACT Attorney-General has repeatedly refused to order an investigation over a miscarriage of justice in case SC 428 of 2007.
Andre Vatarescu, Braddon
Turn back the Spirit
I concur with Roger Dace (Letters, July 7) and applaud him for demonstrating the intestinal courage that so few of the rest of us lack. While the concerns of Senator Eric Abetz with respect to marriage equality might well be restricted only to those moral degenerates in his own constituency, it is incumbent upon the government to protect us from these undesirable elements.
I believe it is time that the new paramilitary force established within the old Departments of Immigration and Customs turned its attention to another insidious horde arriving, uninvited, in this country by boat, Tasmanians! It is time that "on water operations" are applied to the Spirit of Tasmania, turn it back or, unload all its passengers onto little orange liferafts, provide them with a bottle of spring water and a Snickers bar and then point them back in the direction of Launceston. It cannot help but make this country a better place because it will at least keep out the likes of Eric and Jacqui Lambie.
To quote a once great Australian "we will choose who comes into this country and the manner by which they arrive!"
P. Johnston, O'Connor
Rush to renewables
Mark Diesendorf's fine article "Goodbye to coal power as renewables take its place" (Times2, July 6, p5) pointed to the relative ease with which Australia and the world can rapidly transition to renewable energy. Photovoltaics and wind constitute nearly all new generation capacity in Australia, and are now being installed at a sufficient rate to reach 100 per cent renewables by 2040 as old fossil fuel generators retire.
Last year, more new PV and wind generation capacity was installed worldwide than coal, gas, oil and nuclear combined – and installation rates are growing fast. The reason for this is that PV and wind are now fully economically competitive with new-build fossil and nuclear capacity – but do not produce greenhouse gases or local pollution.
Fortunately the gloomy views of J. McKerral (Letters, July 8), and his figures on cost, storage and capacity factors, are well wide of the mark. A 100 per cent renewable electricity grid is just as stable and cost-effective as the incumbent grid but without causing global warming.
Professor Andrew Blakers, director, Centre for Sustainable Energy Systems Australian National University
Consistency, please
Colin and Anna Steele's support for renewable energy (Letters, July 6), while commendable in some ways, fails to distinguish between the different forms of renewable energy, for example as with the considerable disadvantages of large wind turbines as compared with solar technologies. In addition, their observations are backed by their overseas travel to Scotland and Iceland. I don't imagine they got there by rowing boat, and find that such typical green promotion quickly evaporates if it involves threats to one's "travel entitlements" via aviation, which is a large contributor to a person's ecological footprint, particularly Australia-Europe return.
When people act consistently in relation to greenhouse gas emissions, I am more likely to take them seriously.
Murray May, Cook
Abbott has become the heartless head of a once-proud nation
My informed response to Robert Willson's defence of Tony Abbott (Letters, July 8) is as follows. Abbott has to be the worst Australian prime minister at least since World War II. In his treatment of refugees he has taken Australia's once-good reputation for a fair go, to that of a heartless place.
The national debt is not at present a significant problem, but Abbott has done little to reduce it; instead he has relentlessly pursued policies that will make our economy much weaker through, for example, non-action on fair economic reforms, non-support of the renewable energy industry, cuts to education and research, and a weak national broadband network.
His opposition to meaningful action on climate change and obvious disregard for future generations is appalling. Almost daily he takes actions that reduce our civil liberties.
We were once an optimistic, proud and happy nation.
No more. The next election cannot come fast enough!
Rod Holesgove, O'Connor
IS is just barbaric
Further to Boris Johnson ("Let's find a new name for IS", Times2, June 30, p1), I suggest the new name at this point be "the barbarians". Anything less derogatory in regard to a religious organisation that believes in killing innocent men, women and children and does so, and relies on intimidation for recruits, can scarcely be acceptable in civilised society of the 21st century.
But if self-dubbed IS should itself change its ethic so that it does not dishonour its heritage and conforms to enlightened and humane morals, then surely a new name will present itself, of which all Muslims and their fellow citizens would justifiably be proud.
Helen Wiles, Narrabundah
PM not to be seen
Keith Croker and Ray Armstrong (Letters, July 7) are correct in pointing out Tony Abbott's stubborn resistance to face questioning from the broader public, particularly Q&A. Other ABC current affairs programs fare little better. By my reckoning, he is yet to be interviewed this year on Insiders, nor appeared on Lateline for many months and 7.30 has been banished since February.
That is an extraordinary level of evasiveness from a current prime minister, by any measure.
Mike Anderson, Holt
Writer not at large
Jack Waterford's article "Dogged money-raising damages politics" (Forum, July 4, p1) was a classic as he dissected the fundraising practices of a senior minister. However, one notes that Jack has now ceased to be "at large", so he must be "confined".
We no longer know where Jack is coming from, and we need disclosure from the Canberra Times so that we may have closure!
Peter Baskett, Murrumbateman, NSW
Independents' day
Commonwealth politics is currently in a terrible state with both the major parties having abandoned any interest in the long-term well-being of the Australian people. Though the Coalition is worse, both major parties are attacking fundamental safeguards in our democracy, such as the separation of powers, respect for the law and for judges, freedom from arbitrary detention and of speech. The factors that led to Argentina's decline last century, and to Greece's this century – namely, an oligarchy of career politicians, corporate interests, career union officials, and media concentrated in the hands of a few — are developing in Australia.
The Greens support humanitarian and democratic policies, but, unfortunately, many people cannot bring themselves to vote Green. So we desperately need other, independent politicians whose primary purpose is to work for the Common Weal.
We need more Cathy McGowans, Tony Windsors, Rob Oakeshotts and Andrew Wilkies to break the duopoly that currently exists and get real debate in parliament.
Another reason for having more independents is that, in contrast to the practice of political parties in the United Kingdom, Australian parties insist on strict adherence by all their politicians, not necessarily to the party's official policies, but to the expedient positions of their parliamentary leadership.
Members and senators must vote with their leadership and too frequently against their Party's position and their consciences. This is highly corrosive of people's morality and ethical behaviour.
At the next Commonwealth election, I'd like to see Jon Stanhope stand as an independent and it would be tremendous if in NSW John Faulkner agreed to do the same. I realise both men would have to give up their life membership of the Labor Party, but perhaps their doing so would increase the pressure on that party to reorient itself towards the light on the hill.
Chris Ansted, Garran
Greece in seven lines
Such a wasted talent and unrecognised source of economic wisdom ... Ric Hingee (Letters, July 7) sums up the Greek crisis as the result of the European banks and the IMF being "dumb". As an economist, Mr Hingee saw the problem from the beginning.
From the beginning he couldn't understand why Greece should have been admitted into the EU. It was like "giving water to a drowning man", Greece should have been "dumped" from the EU five years ago, he says. And, I assume, left to drown. The whole Greek crisis summed up, blame apportioned and consequences analysed in just seven lines of detailed economic analysis.
I look forward to future contributions from Mr Hingee.
Patrick O'Hara, Isaacs
Sick leave a grey area
Noel Towell ("Irish crackdown on PS sickies has few fans here", July 8, p3) writes that "most federal public servants are entitled to about [emphasis added] 18 days a year sick and personal leave".
It would appear Noel is confused. My question to him is are there some public servants who are treated differently to most others and is he not sure exactly what the sick and personal leave entitlements are?
But spare a thought for the poor public servants. Could this be the reason why so much sick leave is taken until line managers say something?
John Sandilands, St Marys, Tas
Police seem to target working-class men
I was outraged to see on the news the disgusting display of overkill by the AFP Specialist Response Group and ACT police in Page this Tuesday ("Baby removed after Page siege", July 8, p2). Police said, "there was no risk of harm to the infant or any nearby residents". So, did the Specialist Response Group just want to practise playing with their new toys?
We have a very troubling "class" problem in Australia with policing. If you are a working-class young male, you are highly likely to be continually harassed by law enforcement personnel, particularly if you are "known to police". Meanwhile, the crooks are out there doing their crook business as usual. How frequently I've see young working-class men continually dogged and harassed by police in Canberra. Lazy policing!
This overkill policing behaviour is not OK. And don't give us that "keeping Australia safe" stuff. We want all Australians to be safe and treated fairly, including young working-class males. They are sons, partners, fathers, brothers and mates just as much as the other classes. And despite systemic belief, sociological theory confirms the working class are no more likely to commit crime than those from other class groups.
Alas, they may be an easier target for police.
Suzanne Wine, Warramanga
Lack of civility
Dawn Fraser was misguided in attributing Nick Kyrgios' behaviour to his race. But her main point, commenting on his atrocious behaviour on court at Wimbledon on Saturday, was not at all misguided. In fact, I think it reflected far too much of Australian culture and I was embarrassed, as an Australian, to witness it.
The attitude he displayed said much less about what is good about this country, and far more about the lack of civility and decency that exists as a common base line.
K. Millar, Coogee, NSW
TO THE POINT
NOT COMPULSORY
The current furore over the legalisation of same-sex marriage is very like the kicking and screaming that went on when it was proposed to decriminalise homosexuality. We could borrow one of the arguments from those times and assure Eric Abetz and co that we just want to legalise same-sex marriage, not make it compulsory.
Barbara Fisher, Cook
Why is there so much controversy over same-sex marriage? With the exception of some guests of HM the Queen, I believe there are no restrictions of choice in selecting who you wish to live with, irrespective of sex. If a partner could be legally registered as the prime next of kin of his/her living mate, a formal wedding ceremony would not be necessary. Whatever informal arrangements the partners would wish to make is their prerogative.
Alan Blake, Duffy
MADE IN CANBERRA
Let's not forget that Mal Meninga got his start in Canberra with the Raiders. Clearly Queensland could not have done it without such strong southern heritage.
Chris Longhurst, Jerrabomberra, NSW
MAFIA CAN RELAX
I doubt we'll see a royal commission into Mafia activities in Australia. Obviously, for Captain Tony, it's much better to inquire into home insulation or unions. Will no one rid him of this turbulent ABC?
Maria Greene, Curtin
CITIZENSHIP RIGHTS
If supposed terrorists are stripped of their Australian citizenship, they should not give up hope; the decision can be reversed. They just need to hold a political fundraising event; it works for other criminals.
John Laurie, Weston
PLAYING SAFE
Prime Minister Abbott's command that his frontbenchers not appear on the ABC's Q&A reveals a fragility and uncertainty that is surprising in our leader. Is he so unsure of his government and his policies that he can only spruik them on 2GB and other highly biased outlets?
Julian Robinson, Narrabundah
12 MONTHS TO WAIT
In response to Robert Wilson (Letters, July 8), Tony Abbott has had a fair go for nearly two years now and this country is more in debt than it was under the previous Labor government. We are socially divided as never before, and these are just two of the issues facing the country under Mr Abbott. We now have to wait another 12 months before we have the opportunity to vote him out.
Jan Gulliver, Lyneham
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