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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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I have an interesting common good angle.

When talking common good you must remember that there is the common good of the public servants (aka Government) and the common good of the people.

We are not all equal. Both sides need to be argued.

Police could just as easily believe that it is in the common good to support their fellow policeman, regardless whether they are guilty or not, as if one is found guilty it will impact on the reputation of all good cops.
Posted by Jolanda, Wednesday, 7 February 2007 6:20:58 PM
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Currently, Queensland Police Union and numerous Queensland Police officers, vigorously protesting against decision of Queensland Attorney-General to charge policeman Chris Hurley with manslaughter of Mulrunji Doomadgee, the Australian Aboriginal, actually, attempt to threaten the democratically elected Queensland Government and achieve an uncontrollable and self-ruling status. They, in fact, demand immunity from any form of public, political and judicial control. This situation seems to be socially and politically dangerous and requires urgent and adequate response in the interest of Queensland democracy and people.
I am sure there are many honest and professionally responsible Queensland Police officers, who understand that Chris Hurley's case has nothing to do with industrial relations and “political interference”. It is Queensland Police Union (QPU), which attempts to interfere in legal judicial proceedings and operate outside its responsibilities. I believe honest and professionally responsible Queensland Police officers appreciate that QPU vice-president Mr. Fitzpatrick acts irresponsibly and provocatively, actually, discrediting Queensland Police. Current situation indicates that professional quality of Queensland Police is questionable and raises doubts about its public reliability. Minister for Police Judy Spence and Police Commissioner Bob Atkinson are personally responsible for this situation. I am calling on them to resign.
Police and prosecution cannot be uncontrolled in democratic society, and Queensland Government acts lawfully via Attorney-General. I invite anyone, including the Author of the discussed article, spreading opposite opinion to provide exact references to appropriate legal acts in support of their view.
Finally, I would like to stress that current situation with Queensland Police and Prosecution suggests that it is vital for democracy to strengthen political and public control over police and prosecution and to initiate a new Parliamentary investigation into Queensland Police and Prosecution functioning - successor to the Fitzgerald Commission called to sweep out Queensland justice system corruption 20 years ago.
Posted by Andreas Berg, Thursday, 8 February 2007 9:19:32 AM
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common good of whom? what about the individual rights of the man who's life was taken? there was clearly no real need for him to have been arrested in the first place, other than the fact that some power tripper wanted to prove their authority.

with regard to the evidence disregarded from the liaison officer, the coroner chose to do so due to its unreliability based on differing accounts by him of what occurred on that fateful night.

mjpb, perhaps you ought to read the coroners findings, in it you'll find the references to that video camera as posted by darwinboy.

the uproar by the police union and indeed the author of this piece clearly demonstrates that the 'common good' is about denying the rights of aboriginal people as individuals in order to uphold their status as less than worthy australians. the common good would allow for police buddies to investigate each other, to breach their own standards and to limit aboriginal peoples rights to justice.

as for the witness who's now also deceased - my family on palm island tells me that there was quite a bit of police harrassment on the island after this episode - it's called scare tactics.
Posted by kalalli, Thursday, 8 February 2007 10:56:00 AM
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Mirko,
Where are you in all of this discussion.

You make statements, assume some knowledge on morals, and then lurk in the background.

What was your purpose in writing this piece, to stir the pot for your academic ego?

Your adopted country's original peoples have a right to live in safety.

Having more than a passing understanding of law, you would be aware of the sigificant amount of Indigenous deaths in custody. How many are suspicious?

What exactly is your moral standing on this?

What are the morals being reflected if Australia, and particularly
Queensland continue to turn a blind eye to the police force possibly being implicated in the deaths of Indigenous Australians in their custody?

How about you spell it out.

How could anyone think that the police should be immune to prosecution in these circumstances?

What would be the moral implications if police were given such immunity?

What are the morals attached to causing another person's death - either through negligence or through a deliberate act?

I hope that Australia is mature enough and moral enough to ensure that the past practices of genocide against Aboriginal and Torres Strait Isander peoples stays in the past.
Posted by Aka, Thursday, 8 February 2007 5:57:38 PM
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Hello Aka

Having seen some of the stupidity that has been spouted in support of Hurley...I am truely fearful we all haven't left the past behind.
Posted by keith, Friday, 9 February 2007 1:16:21 PM
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Did anyone else see the program of Musolini's Fascist state on ABC last night.

It showed how people in positions of power can endorse the use of force and violence, thereby creating what the presenter refered to as a 'police state' - a fascist state.

I believe that the police are way out of line in pushing the political barrow.

After all they are public servants, for goodness sake.

The police union should be forced to look at what they are doing. If they continue to politicise a law and order issue perhaps some of them are in the wrong job.

If they think their ideas are solid enough then they should nominate for election into the government.

What do you think Mirko?

You should know something about the morals of a police force making such demands of a political nature.

Tell me about your thoughts on Fascism. Is there any similarity between the Qld police union demanding that their member should not be facing charges over the death of Mulrunji and Musulini's rise to power?
Posted by Aka, Friday, 9 February 2007 2:24:48 PM
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