In the hypothetical is it contempt if a judicial decision is made that is implausible based on the evidence and is obtuse to expert opinion and someone comments? I thought judges decisions get commented on all the time. Surely once judgement is handed down it is fair game? What is the line where judicial censorship kicks in?

Anyone?

It has been discussed at length (from a laypersons point of view) on the Hot Copper site and there are many thoughts on the question as to why (they should have) or, why they didn’t (the DPP), proceed with a charge.

I feel that the following (taken from one of these posts on this thread) has given me a strong enough reason to now understand things a whole lot better.

Let me share it with you:

“I am far from convinced of his innocence

Queens Park is on the corner of George and Elizabeth Sts.

Just last week, an appeal Court decided to extend the jail sentences of Aboriginal men involved in the riots after the death in custody, in part because the Judges decided “there was a need for a message to be sent to deter similar behaviour.”

The news that the Queensland Director of Public Prosecutions has decided not to lay charges against the police sergeant involved in the death of an Aboriginal man on Palm Island two years ago will seriously damage any faith Indigenous people have in th…

Ken Parish at Club Troppo has written an article about today’s decision. He has also quoted fom an online essay by Chloe Hooper called The Tall Man, from the Monthly magazine, about Mulrunji’s death….

Nor have I, but in October just past, no doubt in a bid to pre-empt those proceedings, the police union president apologised to the coroner:

Mr Wilkinson apologised for his comments, after the handing down of the report, that Ms Clements had conducted a “witch-hunt” and had ignored “mountains of evidence” to hang the officer out to dry.

He had also called on the Director of Public Prosecutions to “see through this rubbish”, reject the findings and “throw it in the bin where it belongs”.

“I wish to emphasise that I did not mean to question the impartiality or personal integrity of the acting coroner or indeed to reflect upon the Magistrate’s Court itself,” he said.

“If any comments of mine have given that impression, I apologise.”

The decision not to prosecute is at great odds with the findings of the coroner:

The Queensland Deputy State Coroner, Christine Clements, last week published findings concerning the death of an Aboriginal man on Palm Island, about 70 kilometres off Townsville. He was found dead in a police cell in November 2004 less than an hour after being arrested for swearing as he was walking home.

Clements found that Snr Sgt Chris Hurley angrily punched the man a number of times while he was still on the floor and “that these actions of Hurley caused the fatal injuries.” She noted that his “liver was virtually completely ruptured … cleaved in two”. His cries for help as he lay dying on the cement floor were either unheard or ignored by police in the station.

Clements also found that this man (referred to as Mulrunji in the proceedings) should never have been arrested, and severely criticised the entire police investigation. She added that “clear directives from the Police Commissioner and a commitment to ensure proper standards of investigation are required to restore public confidence.” She was referring to the palpable lack of interest and obstructiveness of some senior police called to give evidence at the inquest.

That’s from an article by Brisbane defence lawyer Andrew Boe.

http://www.brisinst.org.au/resources/boe_andrew_coronersreport.html

The Police Union president was summonsed to appear in court by the Attorney-General, Kerry Shine, on 29 November for contempt over his remarks about the Coroner.

http://www.smh.com.au/news/National/Qld-official-summonsed-over-Palm-comment/2006/11/17/1163266775992.html

But I haven’t seen any report of the court proceedings against him.