Should Derryn Hinch really be a senator?

AUSTRALIA
The Age

July 6, 2016

Greg Barns

One of the outcomes of Saturday’s federal election is that Victorians now have as one of their 12 representatives in the Senate a man who has over the past 30 years been to jail twice and fined $100,000 for breaching court orders, and who has been roundly criticised by the High Court for undermining the right of an accused person to a fair trial. We are talking about broadcaster Derryn Hinch.

While Hinch is not disqualified under the constitution from being a candidate for the Senate because he is not serving or waiting to serve a sentence for an offence under Commonwealth or state law punishable by a prison sentence of 12 months or more, the broader question is whether a person with Hinch’s record is fit to hold the office of a legislator whose role is to ensure that laws are enforceable and that the rule of law is upheld?

It is worth providing a brief outline of Hinch’s offending record. In 1986 Hinch was jailed for 15 days and fined $15,000 by the Supreme Court of Victoria for contempt of court. Hinch had used his 3AW program to publish the prior conviction of Michael Glennon, a former Catholic priest, who was facing sexual assault allegations. Hinch campaigned against Glennon on his radio program. In 1992 the High Court said of Hinch’s conduct in Glennon’s case: “Clearly, the three broadcasts on a popular Melbourne station, in a context where specific reference was made to the pending criminal proceedings against Glennon in a Melbourne court, constituted one of the most serious cases of contempt of court, involving the public prejudgment of the guilt of a person awaiting trial, to have come before the courts of this country.”

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