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High Court Does It Again

Start holding the beaks and bureaucrats as accountable as the bosses for the consequences of their decisions. Then we’ll see some rapid changes.

The High Court is tossing them around like confetti. The Good Oil. Photoshop by Lushington Brady.

Is it time to introduce ‘judicial manslaughter’ rules? After all, several Australian states have ‘industrial manslaughter’ rules, where bosses can be charged over deaths on their worksites, whether or not they were directly responsible.

If a judge rules to free a prisoner, especially when they’re judged a reasonable threat to the community, and that prisoner goes on to commit further violent crimes, why shouldn’t they similarly risk charges? We might see a whole lot less ‘leniency’ and ‘compassion’, if judges suddenly realise they can be held responsible for the consequences of them.

I ask again, because, yet again, the High Court has passed a ruling that blatantly and obviously places the Australian community at increased risk of harm.

The foreign murderers, rapists and other serious offenders released from indefinite detention will no longer have to wear ankle monitors or comply with curfews after the High Court ruled that the measures were invalid.

The nation’s highest court on Wednesday morning ruled that the measures introduced by the Albanese government in the wake of last year’s NZYQ decision amounted to a transgression of the constitution.

Bear in mind that the government brought in these rules in the first place because the High Court ruled to immediately free hundreds of extremely dangerous, violent, foreign-born criminals.

Criminals like this creep.

The case had been brought by an Eritrean-born man, identified only as YBFZ, whose lawyers argued that the curfew was a “significant infringement of liberty” and the ankle monitor a “scarlet letter”. The man, who had arrived in Australia in 2002 as a 14-year-old, had stabbed at least three people, was convicted of burglary, and had set a property on fire.

So, no pity from the judges for the Australian citizens brutalised by this monster, but all the leniency in the world for the foreign thug.

Dirty Harry was right.

“The High Court held, by majority, that the imposition of each of the curfew condition and the monitoring condition on a BVR is prima facie punitive and cannot be justified,” the High Court judgement said.

He’s a thief, arsonist and attempted murderer! What more justification do they need?

It gets worse, though.

The number of detainees released from indefinite detention has now grown to 215. Another 13 were released in the first few weeks of October, with Department of Home Affairs officials this week confirming that releases were set to continue indefinitely as more and more detainees exhausted their deportation options.

Those freed include a contract killer who murdered a pregnant woman and dismembered her corpse with dynamite, paedophiles and serial rapists.

And have they been good little boys, in gratitude to the High Court’s leniency?

Like hell, they have.

Fresh data table in a senate estimates hearing this week revealed that 65 of the 215 released detainees had since been charged with fresh state and territory offences.

Of the 215 individuals released to date, 12 of those had previously been convicted of murder or attempted murder, 66 with sex offences including child sex offences, 97 with assault-related offences, 15 with domestic violence, 15 with serious drug offences, and five with people-smuggling […]

The number of dangerous non-citizens released because of the NZYQ ruling has now reached 224, as the legal fallout from the landmark decision continues.

And they’ve gone right back to their granny-bashing, raping, child-molesting ways.

Thanks, High Court!

Non-citizens who were found to be ineligible for a visa because they failed the character requirements, often because of a criminal conviction, but could not be deported have continued to file legal challenges to their incarceration, leading to more people being released from immigration detention on bridging visas […]

Opposition home affairs spokesman James Paterson, immigration spokesman Dan Tehan and opposition legal affairs spokeswoman Michaelia Cash have urged the government to introduce legislation today responding to the ruling.

“This loss compounds the failure of the Albanese government to use the preventative detention powers the parliament rushed through almost 12 months ago to re-detain any high-risk offenders,” they said.

“The government repeatedly assured us that the amendments they drafted were constitutionally sound, and as recently as Monday in Senate estimates promised they had comprehensive contingency plans in place if they were unsuccessful in this case.

Tony Burke must immediately reveal what urgent action the government will take in response to this loss to protect Australians from the dangerous criminal non-citizens it has released into the community since the NZYQ decision last year.

“The government should be ready to introduce legislation into the House of Representatives today in response to this ruling. The Coalition again stands ready to facilitate the swift passage of any legislation required to fix the government’s mess and keep Australians safe.”

Start holding the beaks and bureaucrats as accountable as the bosses for the consequences of their decisions.

Then we’ll see some rapid changes.


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