Do we run a legal system or a justice system?

Queensland is in the middle of a voracious debate about whether we run a justice system in Australia or a legal system following the release of serial rapist, Robert John Fardon by the Court of Appeal.  Fardon has spent much of his adult life in prison for sex offences that date as far back at 1967 yet has been released into secure accommodation and house restrictions over the weekend.

Fardon has fought for ten years to be set free, having completed a sentence for the violent rape, assault and sodomy of a woman in 1988 while he was on parole after serving a 13 year sentence for rape and assault of a 12 year old girl and wounding of her 15 year old sister.  According to news reports he elected not to participate fully in rehabilitation programs.

The Queensland Attorney General has decided it is his role to drive justice for Fardon’s victims, rushing through legislation that would give him rights to overrule court orders for the release of dangerous prisoners if it was “in the pubic’s interest”, which he is vehement about Fardon’s release fitting into. The Attorney General opposed strongly to the Supreme Court judge’s decision to free Fardon and is expected to lodge an appeal within 48 hours with the High Court.

Attorney-General and Minister for Justice, the Honourable Jarrod Bleijie says “the former Labor Government’s weak sex offender laws have again let Queensland families down with the release of Robert John Fardon.”

“Fardon was released today under the former Labor Government’s weak dangerous prisoner legislation, which also forced us to withdraw an application for a stay of his release order this afternoon.”

It appears the release of Fardon was done on legal grounds, with the court saying that the laws were “repugnant” and  “undermine the authority of orders of the Supreme Court”.  Yet the Attorney General has cited his desire for justice for victims, “We want to make sure we protect the women and the children of this state from these vicious, nasty sexual predators.”

It bears the question of whether we run a legal system that tests the validity of laws, or a justice system that seeks retribution for victims of a crime? For it seems that the Queensland Attorney General is at cross purposes with the Supreme Court, one seeking legal action, the other seeking justice for victims.

Who is right?   Tell us your thoughts….