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Why Toyne must go...

 

Toyne's contempt for "democratic process..."



Photo: NT News Oct 30, 2002


...NT Attorney General Peter Toyne, has emulated his CLP predecessor Denis Burke, by discussing ongoing court cases publicly.

NT ABC radio internal transcript

"...Peter Toyne has called on the Network Against Prohibition to GROW UP and start using the democratic process available to all citizens."

"NAP's Gary Meyerhoff says it obtained subpoenas to have senior police and politicians appear in court cases involving its members."

 



"So far subpoenas have been served on the Chief Minister Clare Martin, Syd Stirling, Loraine Braham, Denis Burke and Peter Toyne ...with more yet to be served."

"Mr Toyne says while he'll show up, he's fed up with the actions of the group."

 


"...I think people here in the Northern Territory are getting heartily sick of Gary Meyerhoff and his group and their total disrespect for every institution that holds our community together whether it be the parliament or the procedure that they're now entering in to I'm more than happy to describe what happened on the day that parliament was invaded."

 

The Denis Burke (NT Attorney General) Precedent



Justice Wilcox described Mr Burke's comments to the press conference as intimidatory.

"I am satisfied beyond reasonable doubt that the comments made by Mr Burke ... had a clear tendency to interfere with the administration of justice by putting improper pressure on NAALAS and potential witnesses," he said.

"Whether or not Mr Burke realised he was committing a contempt of court, he deliberately adopted a course of conduct that he should have known to be unacceptable."

"Justice Wilcox said he had decided to impose a "relatively modest" penalty on Mr Burke."

"But he warned: "Mr Burke would be prudent to proceed on the basis that, if he were to repeat his contempt, the court would be likely to impose a very significant penalty; quite possibly a term of imprisonment."

Link to related article

 

 

Comparison of events

"NAALAS submitted that Mr Burke was in contempt because his criticisms were intended to prevent NAALAS proceeding with the case and dissuade witnesses, including Supreme Court judges, from giving evidence." Source

This successfully argued submission arose from Denis' comments about the Bradley case, namely that it was a waste of taxpayers' money.




Toyne has gone further than Denis did, in criticizing the NAP court cases.

He has publicly attacked NAP members, presumed a guilty verdict and tried to portray a public repugnance towards NAP, that only exists in the mind of a person who has dubbed himself the 'Headkicker'.*

 

* The NT News reported that Toyne claimed to be known as the "Headkicker" to members of the NT 'drug culture'. Obviously a fabrication, as the term most in use to describe Peter Toyne, is far more monosyllabic.

 


The NAP legal team will submit that Toyne's comments are in contempt of court and will request he refrain from making further comments about NAP's ongoing cases.

We will argue that Toyne's remarks "had a clear tendency to interfere with the administration of justice, by putting improper pressure on (NAP) and potential witnesses." - (Justice Wilcox)

It needs to be remembered that Toyne is not only NT Attorney General, but a subpoenaed witness in NAP trials.

 

JUSTICE MURRAY WILCOX, FEDERAL COURT: JUSTICE MURRAY WILCOX, FEDERAL COURT: The principles concerned in contempt of court cover several matters. One of these is the protection of litigants from improper pressure to abandon or discontinue claims or defences. The law does not countenance intimidation of litigants or their being subjected to public obloquy or abuse to defend their rights."

24/7/2001 - Source

 

Back to: Australian Press Council complaint

 

On to: NT Police militancy escalates
  

NAP homepage

Latest NAPNT news Latest NT drug news About NAP Current campaign Media alerts
Events NAP in the media Health info
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