TELLING juries about defendants’ prior convictions is a change worth debating, according to a senior Queensland judge.

Prosecutors are not permitted to tell juries about criminal histories, an issue that was highlighted when the shocking history of Brett Peter Cowan, the repeat sex offender convicted of the murder of Daniel Morcombe, was revealed.

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Supreme Court Justice Philip McMurdo – who was speaking as the President of the Judicial Conference of Australia – said the change was “a proper subject for public discussion”.

He added that he was not speaking about any particular case and stressed that debate must be considered and informed.

“This complex subject cannot be discussed fairly in the space of a few sentences,” Justice McMurdo said.

media_camera Prosecutors can’t tell juries about criminal histories, an issue that was highlighted when the shocking history of Brett Peter Cowan was revealed.

“But any change to the law in Queensland on this subject should be made with the benefit of the independent advice of the Queensland Law Reform Commission.”

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The debate has the backing of Attorney-General Jarrod Bleijie and Supreme Court Justice Paul de Jersey. Mr Bleijie said yesterday he was happy to discuss the idea.

“The Government’s priority has been ensuring that appropriate deterrents and adequate punishments for serious criminal offences are set,” he said.

“It’s a debate that some Queenslanders have called for, and is worth having, but we need to take into account how it could affect a person’s right to a fair trial, free of prejudice.”

Similar fact evidence can be tendered in Queensland courts but a prosecution attempt to have Cowan’s convictions presented to the jury was refused by Supreme Court Justice Roslyn Atkinson.

Justice Atkinson sentenced Cowan to a non-parole period of 20 years. In Cowan’s previous cases, charges were downgraded and jurors never heard about his past criminal acts. Some commentators have said Daniel might be alive if the justice system had thrown the book at Cowan at his first or second trial.

Cowan served little time in Queensland and the Northern Territory for serious sexual assaults against children.

Last year, Justice de Jersey expressed support for change.

“Why ... should a jury be denied knowledge that an alleged rapist committed another rape six months earlier ... or that an accused charged with fraud has a string of convictions for dishonesty?” he said.

“I trust the intelligence and wisdom of my fellow citizens. I do not accept a claim that, made aware of prior misconduct, jurors would automatically say: ‘He did that so he must have done this’.’’

Child protection groups applauded the position but the Bar Association of Queensland opposes the move.