The Folbigg Pardon highlights the necessity to establish a national Criminal Cases Review Commission in Australia.
Queensland Council for Civil Liberties Vice-President Terry O’Gorman said that the Folbigg case shows how the current system for remedying miscarriages of justice in Australia is dependent on politicians agreeing to set up a Special Inquiry into a case said to be a miscarriage of justice.
“The more controversial the case the less likely a politician (usually the Attorney-General) will set up a public inquiry to ascertain if a miscarriage of justice has occurred because the Attorney-General/politician fears a law and order blowback”, Mr O’Gorman said.
Mr O’Gorman said that the UK (England, Wales and Scotland) have had Criminal Cases Review Commission for years and New Zealand set up a similar body in 2019.
“The Folbigg case amply demonstrates the necessity for a national Criminal Cases Review Commission in Australia”, Mr O’Gorman said.
Mr O’Gorman said that public inquiries into miscarriages of justice are set up by the government of the day in the various States and Territories and the person constituting the Inquiry and Counsel Assisting is chosen by the government.
Mr O’Gorman said that as the New Zealand Minister for Justice said in his cabinet submission for a Criminal Cases Review Commission “there is a public perception that the status quo is not sufficiently independent of the Executive (government of the day) to remedy miscarriages of justice.[1]
“If New Zealand with a population the size of Queensland has acted on the necessity to establish a Criminal Cases Review Commission it is particularly important that a national Criminal Cases Review Commission spanning all Australian States and Territories be established, Mr O’Gorman said.
[1] See Minister of Justice New Zealand Cabinet submission on establishing a Criminal Cases Review Commission.