An Australian news roundup

Queensland: School holy war ends

Plans to widen religious education in state schools have been dumped after the Beattie Government bowed to pressure from conservative Christian groups. The backflip followed growing concerns among Labor backbenchers that the Government would face electoral opposition from some Christian churches and right-wing community groups if a wider range of beliefs were permitted to be taught in schools. But humanists and representatives of some minority religions said the current rules were discriminatory and vowed to continue their fight for equal access.

Premier Peter Beattie and Education Minister Rod Welford yesterday announced the Government had shelved the plan but did not rule out similar changes in the future. Mr Welford stood by his earlier claims that some groups had misunderstood the intention of the laws and said the Government would not have allowed cults or witchcraft to be taught. "It was never intended on our part that there would be any adverse effect on the availability of Christian religious instructions in schools," he said. "Clearly there was concerns about the potential access of other groups. "The appropriate course of action is not to proceed with the amendments at this time."

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"Suspended sentences" to go in Victoria

Long overdue

Suspended sentences will be abolished for serious crimes in a major overhaul of Victoria's sentencing regime. Judges and magistrates will be ordered to cut the use of suspended sentences while sentencing changes are phased in over the next three years. Suspended sentences will be available only in exceptional circumstances for serious violent and sexual crimes during the transition period, and abolished altogether by 2009.


Attorney-General Rob Hulls is believed to be prepared to act immediately to introduce legislation abolishing the use of suspended sentences in serious cases. He previously opposed the abolition of suspended sentences. The Government is believed to have given support in principle to a Sentencing Advisory Council report Mr Hulls is due to release this morning. Council chairman Prof Arie Freiberg said last night the abolition of suspended sentences would create "real truth in sentencing", removing the fiction that people were being sentenced to jail when they were not. "It will mean more clarity, transparency and truthfulness," Prof Freiberg said.

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Politically correct judge admits he was wrong

But there's still a long way to go to see justice done



Northern Territory Chief Justice Brian Martin has admitted he made a mistake in sentencing an Aboriginal elder to just one month's jail for having anal sex with a 14-year-old girl and bashing her with a boomerang, because he placed too much emphasis on Aboriginal customary law. In a case that triggered a national outcry, the judge gave weight to the 55-year-old man's belief that he was within his rights to have sex with the girl because, at the age of four, she had been promised to him as a wife. "I was wrong. I got the sentence wrong. The Court of Criminal Appeal said I was wrong. I have no problem with that," Justice Martin told The Australian yesterday.


But while he accepts his error, the Chief Justice warned against the "simplistic" view that Aboriginal offenders are hiding behind traditional law. When courts considered an Aborigine's belief in customary law they were applying a principle that was used in courts across the nation, he said. "The principle is the same. It goes back to the offender's circumstances, their background, their culture - all of those things go to their make-up and reflect on their moral culpability," Justice Martin said.....

Mr Brough said not only was Justice Martin's decision wrong, but that the appeal judges had also failed the victim by increasing the sentence to three years suspended after 18 months. "If you think giving a man an 18-month prison sentence - that's how long he was actually to be in jail for - for raping a girl for two days at 14 years of age, then I think our society has some very serious questions to answer," he told ABC Television.

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