Vic: Govt defends justice system

AAP General News (Australia)
04-02-2009
Vic: Govt defends justice system

MELBOURNE, April 2 AAP - Victoria's attorney-general has defended the state's justice
system following the conviction of a serial burglar who brutally bashed a 91-year-old
woman.

John Kelsen was sentenced to 11 years' jail on Wednesday for attacking Rachel Williams
in August 2007, after breaking into her Broadmeadows home six times.

She died a month later, but there was not enough evidence to link her death to the attack.

It was revealed Kelsen had numerous previous convictions for burglary, theft and assault,
but he had never spent time in jail prior to his attack on Mrs Williams.

Attorney-General Rob Hulls defended the system on Thursday, saying he believed entirely
in judicial discretion.

"I wasn't privy to anything heard before that court," Mr Hulls told reporters.

"I'm not privy to the actual nature of the charges, whether or not the person pleaded
guilty. I'm not privy to background information in relation to those charges. That's why
I continue to support judicial discretion."

He was happy with the "checks and balances" that were in place in the system.

"It is entirely up to the court what sentences they deem appropriate, based on the
facts presented before them and based on the sentencing act which takes into account a
whole range of matters."

He said if a magistrate or judge got a sentence wrong, the decision could be appealed,
as happened in a "small number" of the 90,000 cases heard in Victoria every year.

"I do not think that politicians should be the one who are the judges and also the
juries and also the sentencers.

"I'm firmly of the view that an independent judiciary is the cornerstone of a true
democratic system and judicial discretion is absolutely essential."

AAP kb/gfr/jl/mn

KEYWORD: KELSEN HULLS

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