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Court Fixes Law Doubt


A MAN alleged to have threatened to blow up a Tasmanian school and kidnap children appeared in court in Hobart yesterday.
The 41-year-old appeared before Magistrate Roger Willee and was remanded in custody to appear again tomorrow.
On Friday, Hobart Magistrate Ian Matterson issued an interim restraint order to stop the man being in the vicinity of schools and childcare centres and issued a warrant for the man's arrest.
At 9pm on Friday, the man appeared before a Justice of the Peace and was remanded in custody until tomorrow to appear before a magistrate.
But on Saturday, a lawyer for The Mercury and The Sunday Tasmanian, Daniel Zeeman, said doubts existed on the legality of such action.
The Justice Act 1959 says a Justice of the Peace does not have the power to remand a respondent to an interim restraining order in custody but a magistrate does.
It was believed police had not charged the man, who was released from jail in May after serving a sentence for child pornography.
On Saturday, Deputy Police Commissioner Jack Johnston said investigations were continuing to determine if the man had committed a crime.
Late last week, police issued a warning notice to the education department and schools statewide. It included the name of the man and a photograph of him.
State Schools Parents and Friends Association president Richard Pickup said that if someone made a similar threat at an airport, they would be whisked away.
When asked if authorities had done enough to protect schools and warn people, he said: "It's a balancing act, how much you should feel fear, how much you should feel panic and how much you should be made aware if police can't charge him."
The Mercury (13-6-2005)
Charles Waterhouse






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