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PREMIER Morris Iemma has issued a stinging rebuke of the NSW judiciary, saying he would consider re-educating judges to bring them back into step with community values. Plain English statements attached to judgements to explain the reasons behind them could also be considered. Stunned by an attack from Chief Justice Jim Spigelman, who described criticism of sentences as "transient rage", Mr Iemma warned that education programs for judges may have to be considered. "Absolutely we have the right to be angry at an outcome," Mr Iemma told The Saturday Daily Telegraph. "This view that judges know best and they are right . . . shows their views are out of step. "(Education programs are) something I would consider for judges . . . and greater ability for the impact of the victims and their families to be brought into consideration." The Premier said there had been an erosion of public confidence in the judiciary, which needed to remember its role as a "servant of the public". On his appointment in 1998 the Chief Justice declared the judiciary was in touch with community standards. But in a paper to parole authorities this week he said public debate over sentences was "ill informed". He called on judges not to bow to pressure from these "transient rages and enthusiasms". Mr Iemma said the comments proved just how out of touch some judges were with community expectations. "I was amazed at that comment . . . again it is part of free speech and living in a democratic society," he said. "The public had every right to express its anger." Mr Iemma was referring to the decisions to set free two men involved with the separate killings of two policemen. Motekaia Taufehama had his conviction for the March 2002 murder of Senior Constable Glen McEnallay overturned by the Court of Criminal Appeal. He was the driver of a car being pursued by Sen-Constable McEnallay. Edward Esho walked free on parole for his role in the stabbing death of Constable David Carty in 1997. He was convicted of grievous bodily harm, not murder, as he was not found to have delivered the fatal blow. "The judiciary has to be sensitive to community standards and when their judgements are not, that erodes public confidence," Mr Iemma said. "(Chief Justice Spigelman) is right about independence of the judiciary and not having politicians interfering. "But in the rest of his comments he clearly misses the fundamental point and that is, the judiciary works for the public. "People have a right to express their disappointment or their anger. "The McEnallay case has caused widespread anger and distress and it's legitimate that people express that." Opposition Leader Peter Debnam, who this week called for mandatory life sentences for "cop killers" said he found the Chief Justice's remarks "offensive". "I think many of them have a pretty soft life . . . it's all limousines . . . they think the real world is what happens in their courtroom and they need to get out and talk to real people," he said. AAP (13-5-2006) Simon Benson |
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