Tele: The Sauce – Annulment of convictions under new “hate laws”


When NSW Attorney-General Mark Speakman appeared before Budget Estimates recently, he revealed there had been two convictions under new “hate laws” introduced in 2018 — but that both were being annulled after the prosecutions were bungled.

Speakman pointed the finger at NSW Police for not having sought permission of the Office of the Director of Public Prosecutions (DPP) as required under Section 93Z of the Crimes Act (Racial Vilification).

When NSW Police Commissioner Mick Fuller was up last week, Labor’s Upper House Deputy Opposition Whip Anthony D’Adam was quick to ask for a “please explain”.

Fuller’s response? “Red tape. There was additional red tape put in for some reason that I am not sure of,” he said. “Nevertheless, we were supposed to tick a box by going to the DPP. The officers in this case did not do that.”

Fuller confirmed police had prosecuted “two individuals” which had been “picked up in an audit”, resulting in charges.

Despite the two people pleading guilty, Fuller said police had been forced to withdraw the charges due to the “unhelpful” added hurdle of the DPP clause. However, the two would be recharged, he said “which I think is absolutely appropriate”.

Fuller added that police had since put in “a number of safeguards” to ensure the bungle would not be repeated.

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