Published Friday, 08 August, 2008 at 12:22 PM
Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland
The Honourable Kerry Shine
Shine welcomes today’s Court of Appeal decision
Attorney-General and Minister for Justice Kerry Shine said he welcomes today’s Court of Appeal decision in the Ferguson case.
“The Court has upheld the appeal of the decision of the District Court to issue a permanent stay on the charges against Dennis Raymond Ferguson. The decision of the District Court has been set aside, “ he said
“The decision of the Court of Appeal reaffirms our confidence in the criminal justice system and the role of the jury.
“I note the Court of Appeals comment that they considered the primary judge’s conclusion that it was improbable a jury could be dispassionate and follow a judge’s directions, as underrating the average citizen’s sense of fairness.
“Today the Court of Appeal has confirmed that in Queensland an accused person can receive a fair trial with a properly directed jury, that juries can arrive at intelligent decisions on the evidence put before them and only the evidence put before them.
The Court also noted that Queensland’s criminal justice system allows for inquiries to be made of jurors and their views in circumstances such as this, and that it was premature to have reached the decision in the District Court without using these powers.
“This decision reflects the strength of the Queensland justice system and the maturity of the Queensland people in addressing complex and emotional cases such as this,” said Mr Shine.
“Mr Ferguson now has 4 days to surrender himself to the District Court. The further progress of this matter is now in the hands of the Court and the DPP.
“Dennis Ferguson will now stand trial in the District Court, and to ensure the integrity of the process I cannot comment further on the proceedings.
“I expect Mr Ferguson to abide by the Court’s decision, along with the rest of the community.
“This is a matter which has raised understandable passion and emotion within the community.
“I would draw your attention to the comments of the Court of Appeal in stating that “Continuing adverse pre-publicity may, notwithstanding all judicial and systemic safeguards, imperil the right to a fair trial. It is, therefore hoped that the media exercise restraint in its reporting of matters relating to the respondent.”
Media Contact: Kate Lennox 3224 7481 or 0421 127 869
“The Court has upheld the appeal of the decision of the District Court to issue a permanent stay on the charges against Dennis Raymond Ferguson. The decision of the District Court has been set aside, “ he said
“The decision of the Court of Appeal reaffirms our confidence in the criminal justice system and the role of the jury.
“I note the Court of Appeals comment that they considered the primary judge’s conclusion that it was improbable a jury could be dispassionate and follow a judge’s directions, as underrating the average citizen’s sense of fairness.
“Today the Court of Appeal has confirmed that in Queensland an accused person can receive a fair trial with a properly directed jury, that juries can arrive at intelligent decisions on the evidence put before them and only the evidence put before them.
The Court also noted that Queensland’s criminal justice system allows for inquiries to be made of jurors and their views in circumstances such as this, and that it was premature to have reached the decision in the District Court without using these powers.
“This decision reflects the strength of the Queensland justice system and the maturity of the Queensland people in addressing complex and emotional cases such as this,” said Mr Shine.
“Mr Ferguson now has 4 days to surrender himself to the District Court. The further progress of this matter is now in the hands of the Court and the DPP.
“Dennis Ferguson will now stand trial in the District Court, and to ensure the integrity of the process I cannot comment further on the proceedings.
“I expect Mr Ferguson to abide by the Court’s decision, along with the rest of the community.
“This is a matter which has raised understandable passion and emotion within the community.
“I would draw your attention to the comments of the Court of Appeal in stating that “Continuing adverse pre-publicity may, notwithstanding all judicial and systemic safeguards, imperil the right to a fair trial. It is, therefore hoped that the media exercise restraint in its reporting of matters relating to the respondent.”
Media Contact: Kate Lennox 3224 7481 or 0421 127 869