Fiona Le

News Article Investigation

Google the following headlines: “Cowdery lets rip at Carr and Hatzistergos” and “Killing may have been attack on
justice system”. Discuss the issues raised in these two articles in relation to the separation of powers, the rule of
law and the criminal justice system. This is a one-page response. In your response, refer to the role of the media
influencing legal outcomes.

The legal justice system is a system that exists to keep relationships between people in society reasonably
harmonious. There are many basic legal concepts in regards to the nature and function of the legal justice
system. In the article “Cowdery lets rip at Car and Hatzistergos”, the concept of the ‘separation of powers’ is a
principal issue raised. The article “Killing may have been attack on justice system” questions the criminal justice
system that is currently in force in Australia. Another important issue raised is in relation to the ‘rule of law,’
which denotes that the use of arbitrary power is to be eliminated. These concepts all facilitate to ensure that the
legal system works effectively. However, many factors occur, such as differences in perspectives and the
influence of the media, which may subsequently cause disagreements that affect the final legal outcome.

In the first example, the article “Cowdery lets rip at Car and Hatzistergos” accounted Mr. Nicholas Cowdery’s
criticism of the Attorney-General John Hatzistergos for being “more interventionist”, “hands-on” and “too media
driven” and former premier Bob Carr for being the “most prone to politicising law and order”. The Attorney-
General’s role and power exists in both the Commonwealth and their respective state. The separation of
powers, with reference to the judicial, legislative and executive bodies, and as stated by the Constitution,
ensures that no one group within the government could dominate. Furthermore, the rule of law, a key principle
in the legal system of democratic system, would have also outlined applications and compliances with law. Both
Mr. Hatzistergos’ and Mr. Carr’s alleged actions would therefore, to a debatable extent, have been seen as
breaching the implications of the legal justice system.

In the second example, the article “Killing may have been attack on justice system” commented on the
investigation into the murder of gangland figure Carl Williams. The media had played a significant role in
reporting the events of the murder, by heavily publicising on televisions and in newspapers. This would have
influenced the legal outcome concerning his murder, as he was a highly controversial figure who could be seen
as victim or a serial killer whose death would have been “no great loss”. In the article, Premier John Brumby had
considered “dismissing calls for a judicial inquiry”. As a member of society, Carl Williams, however, would have
been entitled to a judicial inquiry into his murder. This fair treatment before the law would have been
considered procedural fairness or ‘natural justice’. It would have also related back again to the rule of law,
where decisions are to be made with reference to the law. The fact that he could be denied this right questions
the fairness of the criminal legal system. Another critical issue raised here is the fact that the murder had taken
place in a maximum security jail. This had placed the criminal justice system in doubt, as society, as well as Carl
Williams, would have assumed the protection and security of the system. This suggests that substantial
discrepancies exist within the legal justice system, hence the indication that the system may not be functioning
effectively enough.

The two articles both highlight the issues that rise in the enforcement of the justice system. The legal outcome
of the cases would essentially depend on the circumstances surrounding the case and the influence of the
media, with consideration to the interpretation on the concepts of law, for example the concept of the
‘separation of powers’ in the legal justice system.