Charged Sunshine Coast bikie club president accuses Qld police of heavy-handed tactics – ABC News (Australian Broadcasting Corporation)

Charged Sunshine Coast bikie club president accuses Qld police of heavy-handed tactics – ABC News (Australian Broadcasting Corporation).

The police have by threatening witnesses in the court case with arrest and imprisonment have perverted the course of justice.

The outcome of the case would have been different and the accused would not have pleaded guilty the the charge otherwise.

 To prevent this happening in the future, lawyers should be given the option to have the trial or case held over more days to ensure that there is not an issue of more than two witnesses appearing at a time. That is the only logical answer with the current laws. the downside of course is that it will increase the amount of time that cases are before the courts, tie up the courts for longer. But while this laws stand it is the only way that this will work without disadvantaging the person before the courts who is entitled to a fair trial. Having witnesses threatened by police and told to leave goes to show that this could well become a normal occurrence in any court matter or trial for any person in the future. The police by doing their job have shown the public that they will pervert the course of justice in any way that their puppet master deems to be necessary if they want to keep their jobs.

I wonder if the magistrate was made aware of the fact at the time that witnesses to the case were being tampered with and interfered with by the police. This in itself is another attempt to undermine the Judiciary , the judges and the courts. Trying to force them to abide by the demands of Newman. A situation that is once again giving the public even less faith in the court systems and the judges, as it is ensuring that they cannot be seen as being impartial to the politics, and are dispensing the law and they are trained and specialised the do. The police have attempted to pervert justice and according to QLD Law for the charge of Attempting To Pervert Justice,
Sections 140 of the Criminal Code Queensland states:

A person who attempt to obstruct, prevent, pervert or defeat the course of justice is guilty of a crime.

Attempt1

 To Pervert The Course Of Justice s 140 

 The prosecution must prove that: 

 1. The defendant did the conduct alleged in the indictment; 

 2. That the conduct alleged in the indictment had the tendency to 

pervert the course of justice2

, i.e., turn it aside from its proper 

course; 

 

The prosecution does not have to prove that the course of justice 

was perverted or would have been perverted. It is sufficient that the 

prosecution established that there was a real risk that injustice 

might result3

 

3. That the defendant intended to pervert the course of justice by his 

actions4

1

 See footnotes to Attempts. 

 2  The “course of justice” commences when the jurisdiction of the court is invoked. The “course 

of justice” is synonymous with the “administration of justice (R v Rogerson (1991-1992) 174 

CLR 268 at 276 per Mason CJ but the offence can be committed when no curial proceedings 

are on foot (Rogerson per Mason CJ at 277 (“…action taken before curial or tribunal 

proceedings commence may have a tendency and be intended to frustrate or deflect the course 

of curial or tribunal proceedings which are imminent, probable or even possible”) and 

Brennan and Toohey JJ at 283-284 (“Although police investigation into possible offences 

against the criminal law or a disciplinary code do not form part of the course of justice, an act 

calculated to mislead the police during investigations may amount to an attempt to pervert the 

course of justice”). See too R v Murphy (1984-1985) 158 CLR 596 at 618. 

 

3

 The suggested direction is based on the judgment of the High Court in Meissner (1995) 184 

CLR 132 which in turn adopted the statements of principle in Rogerson (ibid) 275-276, 279 

and 277. In Rogerson (280) Brennan and Toohey JJ said: “The course of justice consists in 

the due exercise by a court or competent judicial authority of its jurisdiction to enforce, adjust 

or declare the rights and liabilities of persons subject to the law in accordance with the law and 

the actual circumstances of the case: Todd [1957] SASR 305, 328. 

 

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