Former WA premier back in court

IN COURT: Former WA Premier Brian Burke, facing insider trading charges, pictured with wife Sue. Picture: Richard Polden Source: PerthNow

FORMER West Australian premier Brian Burke appeared in court this morning charged with four counts of insider trading.

The politician-turned lobbyist made a brief appearance with his co-accused, stockbroker David John Massey, who once worked for Patersons Securities.

It is understood the charges against the pair arose from secret recordings of Mr Burke’s telephone conversations by the Corruption and Crime Commission in 2006.

The CCC passed on the recordings to the federal authorities, which are pursuing the case.

During the brief hearing this morning, Mr Burke’s lawyer asked for the matter to be adjourned to allow the parties to examine a disk relating to the charges against his client.

He and Mr Massey’s lawyer also sought an extension of the pair’s bail.

Both men have yet to enter pleas. They were released on their existing bail conditions, a $10,000 personal undertaking. 

The matter was adjourned until May.

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Former WA premier back in court

IN COURT: Former WA Premier Brian Burke, facing insider trading charges, pictured with wife Sue. Picture: Richard Polden Source: PerthNow

FORMER West Australian premier Brian Burke appeared in court this morning charged with four counts of insider trading.

The politician-turned lobbyist made a brief appearance with his co-accused, stockbroker David John Massey, who once worked for Patersons Securities.

It is understood the charges against the pair arose from secret recordings of Mr Burke’s telephone conversations by the Corruption and Crime Commission in 2006.

The CCC passed on the recordings to the federal authorities, which are pursuing the case.

During the brief hearing this morning, Mr Burke’s lawyer asked for the matter to be adjourned to allow the parties to examine a disk relating to the charges against his client.

He and Mr Massey’s lawyer also sought an extension of the pair’s bail.

Both men have yet to enter pleas. They were released on their existing bail conditions, a $10,000 personal undertaking. 

The matter was adjourned until May.

View the original article here

Former WA judge slams mandatory jail

Former WA Supreme Court judge Michael Murray believes mandatory sentencing doesn't deter violent offenders. Picture: Richard Polden Source: PerthNow

MANDATORY sentencing removes judicial discretion and does not deter violent offenders, a former West Australian Supreme Court judge says.

Justice Michael Murray retired in January last year after 22 years as a judge and was recently appointed the parliamentary inspector of the state's Corruption and Crime Commission (CCC), responsible for investigating allegations of misconduct.

He has long been a vocal opponent of mandatory sentencing, writing and delivering several papers on the issue.
Justice Murray said mandatory sentencing removed the ``guided exercise of discretion'' by an experienced judicial officer such as a magistrate or a judge.

"Any sentencing exercise involves a considerable difficulty in exercising discretionary judgment by mixing a very complicated web of relevant factors concerned with the seriousness of the crime and the nature of the offender that you're dealing with,'' he told ABC radio.

"If you impose a requirement for mandatory sentencing, it takes no time at all before the court comes up against a difficulty which shows that the need to impose the mandatory punishment simply creates injustice that otherwise would have been avoided by the proper exercise of discretion.''

Justice Murray said he did not believe mandatory sentencing was a deterrent for criminals and the laws were merely a political reaction to crime.

WA has mandatory jail terms for assaults against police, ambulance officers, transit guards, court security officers, prison officers and drivers who kill or injure anyone while fleeing police.

In the lead-up to the March 9 election, the Liberals have proposed broader mandatory sentencing so that burglars who physically or sexually assault residents will be jailed for minimum terms from three to 15 years.

View the original article here