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The Forum > Article Comments > The common good trumping individual rights > Comments

The common good trumping individual rights : Comments

By Mirko Bagaric, published 6/2/2007

Lessons to learn from Chris Hurley and Rodney King - accountability and pragmatism often sharpen one’s moral focus.

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Saint,

There was a liaison officer.

If you look at news reports regarding the findings of coroner Christine Clements it states that she dismissed all evidence from police liaison officer Bangaroo and that Bangaroo was with Senior Sgt Hurley when he arrested Mulrunji. The coroner apparently didn't believe his evidence preferring that of the guy in the lockup with Mulrunji but there is no dispute that Bangaroo was there.

Police are calling for cameras in the lockup. That might have been more helpful in this case. This was recommended by the deaths in custody enquiry but Beatty didn't spend the money.

Clearly if there had been cameras in the cell it would be known who caused the fatal injuries and what happened.

The cell mate committed suicide just after it was announced that Street was investigating.
Posted by mjpb, Tuesday, 6 February 2007 1:26:16 PM
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mjpb your cycnicism is palpable. Did the man committ suicide because he was complicit or because he did nothing to stop Hurley. Either way he was in a unenviable position.
Posted by Darwinboy, Tuesday, 6 February 2007 2:15:52 PM
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It is not possible to fight evil with evil, darkness with darkness.
It is not right to persecute one person for the "common good" - even in order to save others.

That said, while human rights are sacred, "human rights" are not: the former is a reality while the later is just a concept, and while real human rights must be preserved under all circumstances, there is nothing wrong about breaking a concept, or throwing the law and procedures out the window for the sake of saving lives.

If Chris Hurley is indeed guilty, then it is only a case of breaking procedures and a concept ("due process"). Heaven help us if he is not!
Posted by Yuyutsu, Tuesday, 6 February 2007 2:18:33 PM
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The cell mate committed suicide just after it was announced that Street was investigating

these 2 words, suicide and Street ring alarm bells at 140 dbA given the huge cover up of Yeldham J case in 1995 Royal Commission by Wood J

Remember it was Street [and Gleeson after he retired] who Special Division informed re Yeldham wanking youg boys in Wynyard Station Toilets and both then suffered "Lawrence of Amnesia" memory loss, which was assisted by Special Branch getting zapped etc etc

But biggest assistance [to other pedophile judges "on Franca's List"] was the "suicide" of Yeldham

I don't think anybody at all believed otherwise than ASIO bumped him off given the ongoing circus with O'Keefe etc, demonising of Arena and promotion of Gleeson

So I had to smile when Street got this job, but another suicide of key witness - hey pull the other one
Posted by Divorce Doctor, Tuesday, 6 February 2007 2:19:03 PM
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Darwinboy,

He was in an unenviable position particularly if there is anything in the conspiracy to have him killed theory. Even if he was complicit, due to eg. a disagreement with the deceased, I would think that the poor man would probably have accused Hurley in desperation to avoid the wrath of the deceased's relatives. People on Palm Island have a volatile reputation.

If he was complicit he will never fess up.

Hurley is thus also in an unenviable position. If he is innocent he has a huge problem. Everyone assumes that if an indigenous Australian is beat up in a lock up and a white cop is accused he must be guilty. We all have a relevant stereotype. In any other circumstances you would think that the testimony of a liaison officer present would be compelling. However in these circumstances even a coroner wouldn't believe his story which indicated that Hurley didn't do the damage.

In the novel "To Kill A Mockingbird" a black man is accused of the rape of a white woman. Everyone in the old 'deep South' setting assumes that he must be guilty. It fits the stereotype. He turns out to be innocent. With Hurley we don't know whether he is innocent or guilty but we do know that real life doesn't always work out as nicely as novels.
Posted by mjpb, Tuesday, 6 February 2007 2:44:46 PM
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Another thought-provoking article from Mirko, but I must agree with western red. The "common good" is even more abstract that the concept of "individual rights", and is almost invariably invoked as a rationalisation for inflicting harm or injustice - as Mirko argues occurred, and should have occurred, in this case.

People who demand that individuals’ rights are sacrificed to the “common good” are usually a) not the ones whose rights are sacrificed and b) claiming the right to determine what is and is not for the common good. This is not a sufficient condition for tyranny, but is a necessary one. The program of the Nazi party argued that: “The activities of the individual must not be allowed to clash with the interests of the community, but must take place within its confines and be for the good of all.”

The case of individuals who choose to sacrifice their own rights and interests for the common good is entirely another matter, and such people rightly earn and get our praise and admiration. But beware anyone who wants to do harm for the greater good.
Posted by Rhian, Tuesday, 6 February 2007 2:54:03 PM
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