Bar Association President Paul Mabey QC has come out swinging at a Herald article and other media criticising Justice Keane in his decision not to impose preventive sentence on the killer of Blessie Gotingco.
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Paul Mabey said the article in the Herald implied that Justice Keane was "somehow responsible for the unfortunate death of Blessie Gotingco and that his decision not to impose a sentence of preventive detention on her killer and another offender were wrong. That criticism is baseless. Judges accept, reject and balance submissions every day. The fact that a submission is made does not mean the judge should follow it. That the judge did not accept Crown submissions to impose preventive detention in both cases does not mean he was wrong to do so.
Of all people in the courtroom, it is the judge who is in the best position to receive information, to asses it objectively and to apply the law.
On the facts and ont he information before the court, preventive detention was never a realistic option for Tony Robertson.
"The judge was correct not to impose preventive detention and the Crown did not appeal his failure to do so. Nor was there an appear against eh judge's refuse to impose preventive detention on Roy Francis in 2010.
Mr Maby suggested that the judge's sentencing decisions in the cases cited by the Herald were "full, detailed, clear and understandable to anyone who takes the time to read them.
"There will always be people who reoffend. A sentencing judge must deal with the case before him or her and sentence on the facts according to the law. No judge can ever be responsible for a person's future conduct and to suggest otherwise is unjustified and irresponsible. Justice Keane has earned the respect of the legal profession for his compassion, humanity and sound judgment. He has been the subject ofr journalist criticism which is neither balanced nor fair which serves no purpose other than to falsely and wrongly undermine public confidence in our system of justice."
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