Fear and loathing in the sunshine state*

Abstract

Click to increase image sizeClick to decrease image size Notes In the course of preparing this article I had conversations about the Di Fingleton case with a number of women for whose insights I am greatly indebted. I would particularly like to thank Merran Lawler for her valuable comments on an early draft, and Anna Harrop for her thorough research assistance. An earlier version of the article was presented at the Feminist Legal Academics Conference, Adelaide, in June 2003. Margaret Thornton, Dissonance and Distrust: Women in the Legal Profession (Oxford University Press) Melbourne, 1996, p. 167. On 18 March 2003, three‐quarters of the 600 members who voted on a motion to allow female members to join the club rejected the motion. See, for example, Sean Parnell and Catriona Matthewson, ‘Beattie Sticks with Tatt’s Despite Vote', Courier Mail, 27 March 2003. One of the more notorious instances of this was a speech by former High Court Chief Justice Sir Harry Gibbs, at the opening of the Supreme Court Library's Rare Books Room in February 2000 (not the kind of occasion when one might expect to hear a broadside against representative appointments). The speech is publicly available at ⟨http://www.court.qld.gov.au/publications/articles/speeches/gibbs110200. htm⟩. For further examples, see Barbara Hamilton, ‘The Law Council of Australia Policy 2001 on the Process of Judicial Appointments: Any Good News for Future Female Judicial Appointees?’, QUT Law and Justice Journal, vol. 1, 2001, p. 223. Rosemary Hunter, ‘Women Barristers and Gender Difference in Australia’ in Ulrike Schultz and Gisela Shaw (eds), Women in the World's Legal Professions (Hart Publishing) Oxford, 2003, pp. 103–21. Magistrates Act 1991 (Queensland), s. 10. Geoff Airo‐Farulla, Australian Broadcasting Commission (ABC) Radio National ‘The Law Report’, 10 June 2003, accessed at ⟨http://www.abc.net.au/rn/talks/8.30/lawrpt/stories/s876063.htm⟩, 14 June 2003. See also Gribbin and Thacker v. Fingleton [2002] QSC 390 at [11], quoting a letter from the Queensland Magistrates Association to the Attorney‐General, which argued that ‘The power of the Chief Magistrate to discipline by way of reprimand sets up a hierarchy more consistent with the management of public servants than the organisation of judicial officers.’ ABC Radio National ‘PM’, 8 August 2000, accessed at ⟨http://www.abc.net.au/pm/s161296.htm⟩, 18 August 2003. ABC Radio National ‘AM’, 9 August 2000, accessed at ⟨http://www.abc.net.au/am/s160986.htm⟩, 14 June 2003. Speech to students at the University of Queensland, 18 August 1999, accessed at ⟨http://www.courts.qld.gov.au/publications/articles/magistrates/df991808.pdf⟩. Payne v. Deer, Queensland Supreme Court, de Jersey CJ, 11 June 1999, unreported. Magistrates Act, s. 10(4) (prior to the enactment of the Magistrates Amendment Act 2003 (Qld)). Magistrates Act, ss. 10A–10C, 10E (prior to the enactment of the Magistrates Amendment Act 2003). Chief Magistrate v. Magistrate Thacker, Judicial Committee, 11 October 2002, unreported. Thacker at [11]. Thacker at [11]–[12]. Thacker at [17]. Thacker at [16]. Gribbin and Thacker v. Fingleton [2002] QSC 390 at [8], [15]. The relevant provisions are ss. 10(8)–(11) of the Magistrates Act. Gribbin and Thacker at [9]. Gribbin and Thacker at [18]. Gribbin and Thacker at [27]. Gribbin and Thacker at [36]. Gribbin and Thacker at [37]. Crime and Misconduct Commission Queensland, ‘CMC Investigation Involving Chief Magistrate’, Media Release, 9 December 2002. Queensland Criminal Code, s. 119B. Criminal Code, s. 140. Hon. R.J. Welford, Second Reading Speech on Criminal Law Amendment Bill, 6 March 2002, accessed at ⟨http://www.parliament.qld.gov.au/hansard/Documents/2002.pdf/020306ha.pdf⟩, p. 377. Welford, Second Reading Speech, p. 377. Gribbin v. Fingleton [2002] QSC 390 at [50]–[52]. Crime and Misconduct Commission Queensland, ‘CMC Investigation Involving Chief Magistrate’, Media Statement, 22 October 2002. Crime and Misconduct Commission Queensland, ‘CMC Receives Advice from DPP on Fingleton Matter’, Media Release, 13 December 2002. ‘CMC Receives Advice from DPP’, 13 December 2002. ABC Radio National ‘AM’, 12 February 2003, accessed at ⟨http://www.abc.net.au/am/ s782412.htm⟩, 30 September 2003; ABC Radio National ‘PM’, 2 April 2003, accessed at ⟨http://www.abc.net.au/pm/content/2003/s822980.htm⟩, 30 September 2003. R v. Fingleton [2003] QCA 266, Summary Statement. R v. Fingleton at [22]. R v. Fingleton at [22]. The court did, however, consider that Fingleton's sentence should be reduced from 12 months' imprisonment without parole to six months' imprisonment with the balance of the sentence suspended for two years. On the issue of women and black judges being asked to remove themselves due to possible bias, in circumstances in which the same request would not be made of a male judge, see in particular Regina Graycar, ‘The Gender of Judgments: Some Reflections on “Bias” ’, University of British Columbia Law Review, vol. 32, 1998, pp. 1–21. Crime and Misconduct Commission Queensland, The Volkers Case: Examining the Conduct of the Police and Prosecution, March 2003, accessed at ⟨http://www.cmc.qld.gov.au/library/CMCWEBSITE/VolkersCase.pdf⟩, 30 September 2003. Queensland House of Assembly, Hansard, 3 April 2003, accessed at ⟨http://www.parliament. qld.gov.au/hansard/Documents/2003.pdf/030403HA.PDF⟩, 30 September 2003. Queensland House of Assembly, Hansard, 5 June 2003, accessed at ⟨http://www.parliament.qld.gov.au/hansard/index.htm⟩. Queensland House of Assembly, Hansard, 5 June 2003. Queensland House of Assembly, Hansard, 5 June 2003. Queensland House of Assembly, Hansard, 5 June 2003. Queensland House of Assembly, Hansard, 5 June 2003. Jamie Walker, ‘Probe into Anti‐Fingleton Petition’, Courier Mail, 7 June 2003. Kim Landers, ‘Welford Quizzed on Fingleton’, ABC TV ‘Stateline’, 27 June 2003, accessed at ⟨http://www.abc.net.au/stateline/qld/content/2003/s890049.htm⟩. Leisa Scott, ‘Fingleton Backed in High Court Bid’, Australian, 24 July 2003. Magistrates Act, s. 12A, introduced by Magistrates Amendment Act 2003. Magistrates Act, s. 12B. Magistrates Act, s. 12G. Magistrates Act, s. 12G(4)(a). Magistrates Act, s. 12G(4)(f). Magistrates Act, s. 12I(1). Magistrates Act, s. 12Q. If the Chief Magistrate's decision differs from the committee's recommendation, the magistrate who is the subject of the decision may seek review of the decision by a Supreme Court judge: s. 12S. Magistrates Amendment Act 2003 (Queensland), s. 6. Moira Rayner has recently been exploring this issue in the context of women in politics. See Joan Kirner and Moira Rayner, The Women's Power Handbook (Penguin) Ringwood, 1999; Moira Rayner, ‘A Pound of Flesh: Women, Politics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at < httolitics and Power in the New Millennium’, 2002 Clare Burton Lecture, accessed at ⟨http://www.equalopportunity.wa.gov.au/pdf/poundofflesh.pdf⟩, 1 October 2003. Published in Australian Feminist Studies, vol. 18, no. 41, July 2003, pp. 127–40. See, for example, Thornton, Dissonance and Distrust, pp. 203–9.