Minister Grant claimed that a sentence imposed by Magistrate Stone upon Archbishop Wilson on July 3 was "manifestly insufficient", "no deterrent" and "appalling". Minister Grant also wrongly stated that Magistrate Stone did not apply recent amendments to sentencing laws, in the case.
President of The Law Society of NSW Doug Humphreys said it was inappropriate for government ministers to make unfounded criticism or incorrect assertions about judicial rulings where proceedings remain on foot and the State is represented by the Director of Public Prosecutions.
"It is disappointing that a Minister could render harm to public confidence in the judicial system and the administration of justice by making improper and unfair claims about a judgment," Mr Humphreys said.
"Minister Grant has failed to take into account the full reasoning for Magistrate Stone’s determination. He has also wrongly asserted that Magistrate Stone did not apply s 25AA of the Crimes (Sentencing Procedure) Act 1999, which is not yet in force."
Mr Humphreys said all Australians, including politicians, had a right to comment in good faith on matters of public importance, including on the administration of justice, without the risk of retribution or criminal prosecution.
"However, politicians also play a fundamental role in upholding the key pillar of our democratic society - the rule of law," Mr Humphreys said.
"This requires not only that governments and their officials be accountable under the law, but also that they respect, in accordance with the separation of powers, judicial process,"
"The Law Society requests, in these circumstances, that Minister Grant respectfully make an immediate correction and apologise to Magistrate Stone." ---
