This article is more than 4 years old

This article is more than 4 years old

Peter Dutton’s claim that Labor has stacked the Queensland judiciary with lenient judges ignores a history of “tough on crime” platforms and politicised appointments, according to the author of a new book on the state courts’ most controversial saga.

Rebecca Ananian-Welsh, who co-wrote The Tim Carmody Affair: Australia’s Greatest Judicial Crisis, said Dutton’s attack flew in the face of moves by the state Labor government towards transparency in judicial picks and its inaction in scrapping harsh gang laws.

Tim Carmody saga is a 'lesson for all governments', former judge says Read more

On Thursday Dutton, the federal immigration minister, said it was “no wonder” there were lenient sentences “when you look at who appointed the judges and magistrates”.

“Have a look at the background of some of these appointments, some of their friendships, their affiliations,” he told Macquarie Radio. “Look at the appointment of magistrates by attorneys general [Rod] Welford, [Linda] Lavarch and Yvette D’Ath.

“Have a look back at the appointments and the backgrounds of these people and then ask yourself why are we getting some of the decisions we’re getting at the moment.”

Dutton’s comments drew rebukes from D’Ath – who compared his “trouble with understanding the separation of powers” to the notorious former arch-conservative premier Joh Bjelke-Petersen’s – and the Queensland law society president, Bill Potts, who challenged Dutton to “name names”.

Ananian-Welsh said the crisis and controversy attracted by the former Newman government’s ill-fated choice of Carmody as chief justice had prompted a “step in the right direction” from Labor with its protocol of more consultation on appointments.

While more progress was needed, “it would be surprising if Labor was actively seeking more transparent appointments with one hand whilst actively appointing politicised judges who are soft on crime”, she said.

“Being tough on crime is a political platform used by both Labor and the Liberal party. We’ve seen an escalation in bikie laws particularly all over the country by both sides of politics here. There hasn’t been a single side of politics that says we want lighter sentences.”

The fact Labor was yet to strip back many harsh sentencing measures for gang and drug crime introduced under Newman, including anti-bikie laws that high-level independent reviews had recommended repealing, further belied Dutton’s claim, Ananian-Welsh said.

“So there are much clearer actions [Labor] could be taking around just implementing the recommendations of inquiries rather than this very abstract allegation that they would appoint a judge in the hope that that judge whilst on the bench would deliver lighter sentences,” she said.

Ananian-Welsh said Dutton’s attack “just absolutely highlights the necessity for reform” around judicial appointments in Queensland, where there is no independent judicial commission as there is in New South Wales.

“We need a process that is clear and ensures that judicial appointments are justified by reference to publicly available standards, so that everyone knows exactly why a judge was appointed.

“And then we don’t get into these kind of arguments.”