Tuesday, November 2, 2010

Harden up Mate – I mean Your Honour!

Magistrates have for a long time degraded what is offensive language in public (now public nuisance offence).  Magistrates regularly make the comment that police must have ‘tougher skins’ and cope with more abuse than an ordinary person. 


But it seems that Magistrates sit so high atop their pedestal that to call them ‘mate’ deserves some time in the lock up.  Are Magistrates really this precious?
Thomas John Collins was sent to the cells after twice calling Magistrate Matthew McLaughlin "mate'' during a hearing last week.
When Magistrate McLaughlin objected ordering Collins to address him as ``sir or your honour'', the defendant replied "okay mate'' and was sent for a stint in the cells.
He later returned to the courtroom to apologise.
(Via Courier Mail)


Some Magistrates need to Harden up!


UPDATE:


Chief Magistrate Brendan Butler has defended the actions of Magistrate Matthew McLaughlin in jailing this man.  He said:
"It is clear on a fair assessment of what occurred that the magistrate acted in response to a deliberate course of conduct going beyond the mere use of the word 'mate'," he said.
"It is relevant that the magistrate had just requested another defendant not to address him as 'mate'.
"In the matter that immediately followed, the defendant [Mr Collins] referred to the magistrate twice as 'mate', laughed when corrected on the appropriate form of address in court, described the discussion as 'a joke' and told the magistrate to 'just get on with the program'."
There's not much hope when even the Chief Magistrate doesn't see a problem with this situation.  The President of the Qld Police Union, Ian Leavers, has also hit out at the Magistrate saying:
"It's a disgrace that the judiciary are so thin-skinned that they take offence and then say that as a police officer you can be sworn at, threatened, punched and attacked and you've got to cop that on the chin. But don't dare call me 'mate'."
I think Leavers makes the most valid point of the argument.  The Magistracy live in ivory towers were police are expected to tolerate behaviour much worse than this simple sarcasm and defiance.  Yet at the first sign of disrespect they lock up the person.


Perhaps a better solution would have been to move his matter to the end of the court list.  But why do that when you can simply lock him up... That'll show him!