06 September, 2006

Queensland chief magistrate did not know she had immunity under the Magistrates Act


The 27th of June 2005. 5:11pm (AEST)

We all overlooked immunity: Fingleton
Former Queensland chief magistrate Di Fingleton says she feels "pretty stupid" for missing the legal immunity which could have kept her out of jail.
Ms Fingleton lost her position in dramatic circumstances in 2003 when she was jailed for six months for retaliating against a witness.
Last week, the High Court quashed her conviction in a unanimous decision, ruling that she should not have been prosecuted because she had immunity under the Magistrates Act.
Ms Fingleton has told ABC TV's Enough Rope that "everybody missed the immunity ... including myself. I feel pretty stupid, I've got to say."
But she added: "You don't go around thinking, 'I'll need criminal immunity', because more than anyone else you have to set a good example. You shouldn't even be seen speeding or jay walking."
Ms Fingleton says no-one responsible for her jailing has expressed their regret to her since the High Court ruling.
As well as her old job back, she wants an apology from Premier Peter Beattie, who she says has treated her harshly.
"I don't like Beattie being harsh with me," she said.
"He says I'll get justice. They know what I went through, they know me as a person. I don't like that at all. I don't appreciate it. It's not fair.
"I've been called enough and demeaned enough. I think he could show some compassion."
She added: "An apology would go a long way."
Compensation
Ms Fingleton says no amount of money could compensate her for the miscarriage of justice she has suffered.
"No money could compensate for having to stand down from my job, being investigated, a gruelling exercise, charged - the humiliation of that alone," she said.
"Standing trial twice. Going to jail. Being still, and until recently called 'disgraced former chief magistrate'. The shame of all that - when I didn't feel that. I refused to feel disgraced.
"It is compensation but ... what's a day in prison worth to you? Or what's six months? You cannot put a figure on it, but if it gets to that we'll have a go."
She says that while Mr Beattie has indicated she is not entitled to compensation, she believes her case is different from someone like Pauline Hanson, who was also let off on appeal after serving jail time.
"In Queensland, there is no legislation to compensate someone like Pauline Hanson, who is let off on appeal," Ms Fingleton told Enough Rope.
"The difference with my case, there was sufficient to charge her with, something went wrong she got off. In my case the High Court where a judge said I should never have been charged, prosecuted, convicted or sentenced and in fact I'd go one further back and said I shouldn't have been investigated or not for long.
"Everybody missed immunity so it is actually different. It's a miscarriage of justice."
She says talks with the Government are at an "early stage".
"I did a shot across their bow - I want my job back and I do. He's shot back - you're not getting it. We'll talk."
'Brought down'
Ms Fingleton has defended her approach to her former role, saying Attorney-General Matt Foley would not have appointed her if she was going to fail.
"I was ambitious but I'm not silly so I took the job in the best possible faith and did my job in the best possible faith and if that meant having to stand up to some people who were making it very difficult to manage them, I had to," she said.
"It's funny that the sort of behaviour, when a woman's aggressive they're a B.I.T.C.H. and when a man's aggressive they're doing what they do so that's a bit come into it too."
She says she was "brought down" because of her high expectations.
"I wasn't difficult for the sake of it. I was difficult because I was setting high standards which some person, people were choosing not to meet," she said.
"Therefore, I had to be brought down so to speak. Have you heard the word 'mobbing'? [There's] a lot of talk about bullying but mobbing is when the employees ... gang up on the boss," she said.
"So now's my chance in the future to just balance it."
'It largely works'
Ms Fingleton says it would be "tricky" if she returned to her old job and some mediation would be needed.
But she says a seat on the bench, rather than her old position, is not an acceptable offer from Mr Beattie.
Despite saying her case was a debacle, Ms Fingleton says she retains confidence in the Queensland justice system.
"Occasionally there are dreadful, dreadful mistakes like this one," she said. "I would never have dreamt I'd be at the bottom of it ... it made a very, very big mistake."
But she added: "I've already said I want to go back and work in it so I couldn't possibly go around bagging it and then go and work in it.
"It largely works day by day, inside out but I think as with everything else, as I've said I've tried to be honest and look at the mistakes I made as chief.
"I'd like the opportunity to leave on a high note and do it better, even better cause I did some very good things. I'm proud of my work as chief magistrate. Only the bad things have been reported."
-Enough Rope airs on ABC TV tonight at 9:30pm (AEST).

ABC 27-6-5

http://www.abc.net.au/news/newsitems/200506/s1401561.htm



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