A Sydney lawyer faced court charged with failing to sit in his allocated seat.

Sean David Bluett has been accused of failing to comply with an instruction to move to his allocated seat during the flight and interfering with a crew member in the performances of her duties……Read More

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In November last year, the High Court declared a key piece of legislation of South Australia’s draconian anti-bikie laws invalid.

Queensland Attorney General Cameron Dick, in spite of civil libertarians suggesting that other challenges to similar laws around the country may be instigated, he was confident that Queensland law would not be compromised.

The High Court struck down section 14(1) of the legislation, which essentially allows a magistrate to impose a control order on any individual found to be a member of a declared gang. This findong is irrespective of whether they had committed or were ever likely to commit an offence.

The decision of the High Court supports major concern about the Queensland application of such laws expressed by Brisbane criminal lawyers, Bosscher Lawyer’s Tim Meehan, in September 2009, when the Queensland Government rushed through the legislation.

“Any law which even suggests a guilt by association measure is a radical and very worrying erosion of the public’s rights. At the very least the public should have a right to express its views on a law that could treat them on the same level as terrorists.”

A State Government review of police powers must include a radical overhaul of police evidence gathering systems, according to Brisbane criminal lawyer Tim Meehan.

He said a call for police to formally record every major arrest from the moment they made contact with a suspect, was one of the crucial measures needed, as a safeguard for both police and an accused person.

A five yearly review of the Police Powers and Responsibilities Act is underway and Mr Meehan said it was time to establish a formal policy covering police recording systems.

Mr Meehan, Managing Partner of Queensland’s largest specialist criminal defence law firm, Bosscher Lawyers, said it was crucial the review consider the specialist input of criminal defence lawyers.

“At the moment there is no legislative compulsion for police to tape all of their interactions with suspects outside of formal records of interview and some times the tapes are not rolling when admissions are allegedly made. This can only complicate a case if it goes to trial. A recording of every step of police discussions with a suspect is a safeguard for police and also for the accused,” he said.

However Mr Meehan said any system of recording interviews must include rigid safeguards to preserve the chain of evidence, in particular against fears of recordings being tampered with or selectively edited.

“Tampering with audio is not that difficult with digital technology so police need to be very clear in showing their evidence is untainted, otherwise it could lead to alleged admissions being challenged in court which would complicate and in some cases only prolong trials. “It’s in the police’s own interests to prove their evidence gathering systems are beyond question,” he said.

Mr Meehan said criminal defence lawyers were aware of a growing number of challenges to the validity of police recorded interviews.

“There are stories of people vehemently denying on tape that they have committed an offence, then later police claim the person admitted the crime when in a police car but there is no taped record of the alleged admission.

“There are also cases of tapes that go missing or records that are taped over. It’s a mish mash in need of a formal system. Our justice system is not about who police think should be guilty, but whether the facts prove that guilt,” Mr Meehan said.

He endorsed calls for mandatory recording of police contact with suspects from the first moment of contact and said the recording policy should go further.
At present police were only required to formally record discussions with people facing indictable offences.

“The recording requirement should cover any and all offences. This would correct the current problem where police can talk to a person about some offences but not formally caution them, and then later charge them.

“Compulsory recording of all discussions with a suspect would be a safeguard for everyone,” Mr Meehan said.

While Internet social networking sites like Facebook, Twitter, Bebo, private emails and mobile phone text messages were included in sweeping phone tap powers that were given to Queensland police in May 2009, Bosscher Lawyer’s Jim Coburn warns of its ongoing intrusiveness.

In 2009, Ryan & Bosscher’s Jim Coburn rallied against the proposed legislation on the basis of its intrusiveness into people’s lives.

“The legislation means police can seek the power to tap everything, every modern form of communication that passes over a telecommunications system,” Jim said.

“Under the Telecommunications Interception Act 2009, Police and the Crime and Misconduct Commission will be able to eavesdrop on all private emails and mobile phone calls, intercept text messages and snoop on private messages on social network sites like Facebook, Twitter and MySpace.”

Jim Coburn, in light of the legislation which has been operational by Queensland Police for some time, urges people to use social media and other social technology very wisely.

Ryan & Bosscher’s Tim Meehan has warned people who may have pocketed from the recent Commonwealth Bank ATM debacle that they may well be charged.

“Simply put, if you deprive someone of something that they own, then you can be met with a criminal charge,” Tim said.

“The best advice is that if you have acquired funds from a Commonwealth Bank ATM that wasn’t from your own account, then return it.”

“Bosscher Lawyers have always had a strong commitment to providing prompt information to people when they need it most. Our Facebook presence is really just an extension of that commitment and of course, our ready availability to help out,” Partner Tim Meehan said.

You can access the Bosscher criminal law firms Brisbane Facebook page right here

Brisbane criminal lawyer, Tim Meehan, warns of knee-jerk reactions in response to the death of Officer Leeding and asserts that tougher sentencing isn’t the answer.

[audio:https://s3.amazonaws.com/RyanBosscher/timmeehan-lawtalk.mp3|titles=An Interview with Tim Meehan)]

Three prominent members of the Bandidos Motorcycle Club (president, secretary/treasurer and sergeant at arms) faced prosecution in the Ipswich District Court charged on a 12 count indictment for assault occasioning bodily harm in company, common assault, robbery in company and deprivation of liberty where the complainant was an ex-member of the club who was expelled for being an IV drug user and attempting to stand-over members of the local community by threatening them with the club.

On the third day of trial the presiding judge gave the jury a Prasad direction and after a short deliberation the jury returned verdicts of not guilty on all counts against all accused without having to hear addresses or the Judge’s summing up.

It was a prosecution brought in bad faith motivated by the fact that the accused men are members of the Bandidos MC.

Not only was there no evidence which corroborated the complainants version there was significant evidence which directly contradicted the complainant particularly that of 2 doctors which examined him and observed no injuries whatsoever.

It is a great victory for the accused.

The trial raised serious questions about the transparency of the Police with regards to the disclosure obligations imposed by the Criminal Code.