Quote:Allowing the authorities to decide for themselves what is a proportionate exercise of the provisions of the Bill lowers the high standard of judicial evidence required in court which is the principal protection against heavy-handed state action. It nullifies the test of reasonableness upon which all state action should be measured. It is an abrogation of due process and makes for bad law. The timing of the Bill’s tabling before the Committee of Inquiry and the criminal proceedings are concluded indicates that the government is acting without the crucial data needed to produce a sound piece of legislation. As such, it is not a reasoned, rational or proportionate response to the riot. Parliament must not enact this legislation at this time. It should wait until it has in hand the valuable data which the criminal proceedings and the Committee of Inquiry will yield upon which the most effective measures to prevent another similar incident can be founded.
Posted on: Sun, 26 Jan 2014 13:29:09 +0000
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