It seems all the rage for government to break the law these days whether we are in the USA, UK and now Australia.
Australian Lawyers Weekly reports…
Federal Court judge has labelled a federal cabinet minister’s behaviour as “criminal” and that he is not “above the law”, opening the minister to sanctions for contempt of court.
Justice Geoffrey Flick has slammed acting Immigration Minister Alan Tudge for unlawfully depriving an asylum seeker of his liberty, leaving him in detention for five days because he thought the tribunal that ordered his release got the law wrong.
Justice Flick said Mr Tudge had “intentionally and without lawful authority been responsible for depriving a person of his liberty”, and his “conduct exposes him to both civil and potentially criminal sanctions, not limited to a proceeding for contempt”.
“In the absence of explanation, the minister has engaged in conduct which can only be described as criminal,” Justice Flick said.
Principal Mark Northam and solicitor Sergio Zanotti Stagliorio from Northam Lawyers represented the asylum seeker known as PDWL on a pro bono basis.
Mr Stagliorio, the solicitor who had the carriage of the matter, told Lawyers Weekly that this case stands as an authority for three propositions.
