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.

Don't criticise the magistrate

May 16 | Damon Locantro

The Daily reported Magistrate Bernadette Callaghan saying that she did not cover a lot of violent offences in her court.

That comment has been the subject of criticism, particularly in the editorials. I think the criticism is undue.

Ms Callaghan is a very experienced magistrate.

Her job is to sit and listen to the actions of people all day and either determine their guilt or innocence or sentence those who are guilty.

Her comments reflect the fact that violent offences are comparatively few in number compared to the many other types of offences that come before the court.

Offences of violence are not what a magistrate hears most of in a day.

No one can deny that there is violence concentrated where people congregate and drink alcohol, but I believe that whatever we focus on becomes bigger and much worse and since the death of Josh Mill there has been a greater media focus on violent offences.

There are a lot of issues for us to deal with when it comes to crime but no one need lose any confidence in the judicial system and the role that it plays because of Ms Callaghan's comments.

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Posted by bielbys11 from Buderim

on 16 May, 2008 at 2:13 p.m. ( Suggest removal )

I am sure your intentions are honorable Mr Locantro and your actions are motivated by your intent to uphold the principles of the law.....but how do you sleep at night knowing that what you and say can give a voilent criminal a lesser punishment, or even get off altogether. Do you ever reflect and think somewhere a long the line I have done the wrong thing defending someones actions?? You see if it was my family (and I must I am a good,law abiding person), I would want blood!!

Posted by acef08 from Caloundra

on 16 May, 2008 at 2:40 p.m. ( Suggest removal )

I'm sure Mr. Locantro probably sleeps very well at night knowing that, despite public pressure, he is defending the right of all people to have their side of a story heard. It is fortunate we don't live in a society of vigilante 'justice.'

Posted by Joe_Citizen from Mudjimba

on 16 May, 2008 at 4:35 p.m. ( Suggest removal )

Wether the Honourable Ms Callaghan sees a lot of violent crimes in her court or not is simply irrelevant. What is relevant is that magistrates be very firm, if not harsh on the individuals that are found guilty of these violent crimes. Being drunk or giving some sob story should carry no weight. It’s quite obvious that the community is sending magistrates & judges a very clear message. “We are sick & tired of thugs getting soft treatment. You’ve got a maximum penalty,,,,, use it!!!” And as for the comments of Damon Locantro; Walk a mile in Mrs. Mill’s shoes, as a criminal defense lawyer I would consider you’re position to be bias in this matter.
With Peace & Loving Kindness.
JC

Posted by Darkknight from Sippy Downs

on 16 May, 2008 at 6:20 p.m. ( Suggest removal )

Why shouldn't death on our streets be focused on, made much bigger and much worse. One wonders...how much worse can things be when people are bashed, mutilated and die? I'm not sure you can mitigate that one down to just another Sunshine Coast scrap.

acef08....no, we dont have vigilante justice, but we do expect justice just the same. The final line of justice rests with the courts as our protectors - as a voice for the victim and the community. Sure, Mr Locantro is giving a voice to those charged with offences, whether guilty or not. But he is being paid for that service. He is being paid to lessen the penalty, he is being paid to get his clients off, he is being paid to undermine the evidence and witnesses and push his own barrow. And in saying that, he should not be criticized for his efforts, that's his job.

But every case should be heard and considered on its own merits. You simply can't take into account that because one person thinks that violence in Mooloolaba isn't prevalent that this should effect a bail application. Based upon that logic, everyone who allegedly committed a murder or rape would be set free because the local statistics are miniscule and negligable when compared to the prevalence of drink driving, drugs and the like.

So don't knock Mr Locantro for his stance and support of his clients...the onus is not upon him to protect the community. That is supposed to be the court's job.

Posted by moretotell from Maroochydore

on 20 May, 2008 at 8:01 a.m. ( Suggest removal )

Well done Locantro don't bite the hand that feeds you. She is great Magistrate if you are the Defence, so I would expect you to support her. People, do some research and see why Callaghan was sent from Gympie to Maroochydore.