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2:56PM Wednesday 03 December, 2008
'Blogs Central
Blog Central: Law and Order Damon Locantro has made a name for himself on the Sunshine Coast defending people charged with breaking the law. His practice, Locantro Lawyers, specialises in criminal defence but also offers services to those facing action by a government department. Damon has 15 years experience in criminal law and was formerly a NSW prosecutor and member of the NSW Police Service.

What happened to innocent?

July 17 | Damon Locantro

The last two weeks has seen a focus on terrorism by politicians and the media in Australia.

Of concern to all of us is the fact that terrorism may have some link to Australia, let alone Queensland.

The arrest and detention of Dr Haneef has demonstrated how our authorities intend to respond to any potential link.

Is the treatment of Doctor Haneef, and the response from our authorities, greater cause for concern for us?

The Prime Minister reminded us that there is a presumption of innocence several times during the detention of Dr Haneef. That presumption remains despite charges having been laid.

In my opinion, the treatment of Dr Haneef and has been more consistent with guilt rather than innocence.

Firstly, he was detained in the Brisbane Watchhouse where conditions are designed for those that have already been charged. We should house suspects before charge in unit type conditions, under guard of course.

Secondly, and perhaps more importantly, supression orders should be granted automatically. A suppression order would protect the name, photo and any other identifying particular from being published prior to a finding of guilt.

Media reports are suggesting that the evidence is based on Dr Haneef providing a SIM card to his relative.

If that is the case, the doctor's defence team have properly argued that the case is weak. He should be given his freedom and allowed to continue his life until the case proceeds.

Because we all know who he is, I suspect you may have mixed feelings if he becomes your doctor at the Gold Coast hospital should he be allowed to continue working.

In my opinion, we must safeguard the presumption of innocence and in doing so, take steps to protect a suspect until they are proven guilty. I intend to pursue greater protection for all accused persons.

What do you think? Is the presumption of innocence important to you? Or does national security override that principle.

Recent Comments

on 17 July, 2007 at 11:38 a.m. ( Suggest removal )
The case agains the good doctor seems thinner than the SIM card they pulled out of that phone. Given how weak the evidence is, the government is looking pretty silly by now cancelling his VISA. What happened to separation between state and the judicial system.
on 17 July, 2007 at 12:02 p.m. ( Suggest removal )
I think it's outrageous that a person can be held for as long as Dr Haneef was before he was charged. Are we turning into a police state?

Sure, the threat of terrorism is terrifying and of course national security is important, but basic human rights and the laws our society is founded - including the presumption of innocence - are also important.

I don't think we should ever let the terrorists undermine our basic value system.
on 17 July, 2007 at 12:59 p.m. ( Suggest removal )
Where theres smoke there's fire...
on 17 July, 2007 at 1:31 p.m. ( Suggest removal )
Here, here. This is a man who - if innocent - will struggle to find work anywhere in the world. At the very least his name should have been supressed.
on 17 July, 2007 at 4:16 p.m. ( Suggest removal )
Yes, supress his name by all means. But surely they had to have reason to hold him? Why was his wife still overseas? Isnt that odd?
on 18 July, 2007 at 10:45 a.m. ( Suggest removal )
I agree with Mr Eric Locantro. I think the recent events signal that we as a society should sit up and take more of an ineterest in all people not just the ones that look the same as us.

The problem is that we look towards the media to help form our opinions and as a result people swallow everything they are told. The presumption of innoncence is something that seems to be only important to lawyers. I am sure if you polled the public there would be a majority that are OK with this poor fellow's detention because the media have scared people into believing he is a terrorist. Fortunately there are some people who fight to protect the rights of all people in this country. The media are not and have never been in my humble opinion a part of that group.
on 24 July, 2007 at 1:28 p.m. ( Suggest removal )
it seems it has become a accepted way in life now that you are guilty until you prove your innocence.
on 29 September, 2008 at 10:13 p.m. ( Suggest removal )
Just remember the man was released because the police could not make a strong enough case against him.it does not necessarily mean he is not guilty of being involved

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