Diane Fingleton
Encyclopedia
Diane Fingleton is a former Queensland Magistrates Court
judge, most notable for being appointed Chief Magistrate and later being convicted of the offence of intimidation of a witness, before the conviction was quashed on appeal to the High Court of Australia
.
, in Brisbane
. She was a stenographer on Bill Hayden
's staff in the Whitlam government years. She studied at university in the late 1970s and early '80s, and graduated with a law degree. She waitressed at night and studied by day.
government
appointed her to the magistracy and the Beattie
government made her a senior magistrate three years later, just as it would appoint a dozen women (and 11 men) to various judicial appointments that upset Queensland's legal establishment.
In 1999, Fingleton was appointed to the position of Chief Magistrate
. This appointment was seen as controversial amid suggestions that it was political. Appointed by Matt Foley, she was Queensland's first ever female Chief Magistrate.
The following year, Fingleton attracted criticism from Chief Justice
of the Supreme Court
Paul de Jersey
and others for holding reconciliation ceremonies in six Magistrates Courts in Queensland
and issuing a formal apology to indigenous peoples
.
, threatening to have him dismissed from the senior position of Co-ordinating Magistrate, whilst retaining his position as Magistrate, because he had supported a colleague in a workplace dispute against her. Before sending the email, Fingleton obtained legal advice from her solicitor, David Searle. Fingleton viewed Gribbin's action as evidence he had no faith in her role as Chief Magistrate, perceiving his behaviour to be openly provocative and disloyal. Gribbin took legal action against her and this resulted in her being charged and imprisoned for retaliation against a witness, a criminal offence under the Queensland Crimes Act. Fingleton appealed, and the Queensland Supreme Court appeal upheld her conviction but halved her jail sentence.
Released later that year, Fingleton worked as a lecturer at Griffith University
.
. On 8 October, the day before the 2004 federal election, Justices McHugh
and Gummow
granted her special leave to appeal. The decision to grant leave was made 73 minutes into the hearing.
The following year, in 2005, the High Court unanimously allowed the appeal and quashed Fingleton's conviction. Their reasoning was that Fingleton in fact had immunity from criminal prosecution under the Queensland Magistrates Court Act for anything done in the course of her judicial or her administrative functions. Justice Kirby described what happened to Fingleton as "indelible". Justice McHugh wrote that:
Professor Rosemary Hunter
, a supporter of Diane Fingleton and former Dean of the Griffith law school, has argued that Fingleton's case has raised a range of issues around party politics, gender politics and office politics.
, her brother Tony
's autobiographical film about his background and family, includes brief glimpses of his younger sister, Diane. The film was released in 2003 and was very well received.
Magistrates' Court of Queensland
The Magistrates Court of Queensland is the lowest court for the Australian state of Queensland. The court is the first stop in many criminal and civil actions and deal with minor criminal and civil matters...
judge, most notable for being appointed Chief Magistrate and later being convicted of the offence of intimidation of a witness, before the conviction was quashed on appeal to the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
.
Early life
Fingleton was educated at All Hallows' SchoolAll Hallows' School
All Hallows' School is a Catholic day school for girls, located close to the central business district of Brisbane, Queensland.Founded in 1861, the school follows in the tradition of the Irish Sisters of Mercy, and caters for over 1,300 girls from years five to 12...
, in Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
. She was a stenographer on Bill Hayden
Bill Hayden
William George "Bill" Hayden AC was the 21st Governor-General of Australia. Prior to this, he represented the Australian Labor Party in parliament; he was a minister in the government of Gough Whitlam, and later became Leader of the Opposition, narrowly losing the 1980 federal election to the...
's staff in the Whitlam government years. She studied at university in the late 1970s and early '80s, and graduated with a law degree. She waitressed at night and studied by day.
Magistracy
In 1995, the GossWayne Goss
Wayne Keith Goss was Premier of Queensland from 7 December 1989 until 19 February 1996.-Early life:He was born at Mundubbera, Queensland and educated at Inala High School and the University of Queensland...
government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
appointed her to the magistracy and the Beattie
Peter Beattie
Peter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
government made her a senior magistrate three years later, just as it would appoint a dozen women (and 11 men) to various judicial appointments that upset Queensland's legal establishment.
In 1999, Fingleton was appointed to the position of Chief Magistrate
Chief Magistrate
Chief Magistrate is a generic designation for a public official whose office—individual or collegial—is the highest in his or her class, in either of the fundamental meanings of Magistrate : as a major political and administrative office , and/or as a judge Chief Magistrate is a generic designation...
. This appointment was seen as controversial amid suggestions that it was political. Appointed by Matt Foley, she was Queensland's first ever female Chief Magistrate.
The following year, Fingleton attracted criticism from Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Supreme Court
Supreme Court of Queensland
The Supreme Court of Queensland, which is based at the Law Courts Complex, is the superior court for the Australian State of Queensland and sits around the middle of the Australian court hierarchy...
Paul de Jersey
Paul de Jersey
Paul de Jersey, AC, QC was appointed Chief Justice on 17 February 1998 of the Supreme Court of Queensland, which is the highest ranking court in the Australian State of Queensland.-Education:...
and others for holding reconciliation ceremonies in six Magistrates Courts in Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
and issuing a formal apology to indigenous peoples
Indigenous Australians
Indigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....
.
Conviction
In 2002, Fingleton emailed a fellow Magistrate, Basil GribbinBasil Gribbin
Basil Gribbin was a co-ordinating magistrate in the Beenleigh Magistrates Court and a member of the Queensland Magistrates Association, which is the equivalent of a Magistrates Union. Gribbin served as a Magistrate from 9 January 1987 to 10 May 2008 ....
, threatening to have him dismissed from the senior position of Co-ordinating Magistrate, whilst retaining his position as Magistrate, because he had supported a colleague in a workplace dispute against her. Before sending the email, Fingleton obtained legal advice from her solicitor, David Searle. Fingleton viewed Gribbin's action as evidence he had no faith in her role as Chief Magistrate, perceiving his behaviour to be openly provocative and disloyal. Gribbin took legal action against her and this resulted in her being charged and imprisoned for retaliation against a witness, a criminal offence under the Queensland Crimes Act. Fingleton appealed, and the Queensland Supreme Court appeal upheld her conviction but halved her jail sentence.
Released later that year, Fingleton worked as a lecturer at Griffith University
Griffith University
Griffith University is a public, coeducational, research university located in the southeastern region of the Australian state of Queensland. The university has five satellite campuses located in the Gold Coast, Logan City and in the Brisbane suburbs of Mount Gravatt, Nathan and South Bank. Current...
.
Appeal to the High Court
Fingleton, refusing to accept the decision of the Queensland judicial system, sought special leave to take her case to the High Court of AustraliaHigh Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
. On 8 October, the day before the 2004 federal election, Justices McHugh
Michael McHugh
Michael Hudson McHugh, AC, QC is a former justice of the High Court of Australia; the highest court in the Australian court hierarchy.-Judicial Activity:...
and Gummow
William Gummow
William Montague Charles Gummow AC is a Justice of the High Court of Australia, the highest court in the Australian court hierarchy.-Biography:...
granted her special leave to appeal. The decision to grant leave was made 73 minutes into the hearing.
The following year, in 2005, the High Court unanimously allowed the appeal and quashed Fingleton's conviction. Their reasoning was that Fingleton in fact had immunity from criminal prosecution under the Queensland Magistrates Court Act for anything done in the course of her judicial or her administrative functions. Justice Kirby described what happened to Fingleton as "indelible". Justice McHugh wrote that:
It would be hard to imagine a stronger case of a miscarriage of justice in the particular circumstances of the case. There is not only a question of conviction and a jail sentence, but the applicant has lost one of the most important offices in the state of Queensland.
Professor Rosemary Hunter
Rosemary Hunter
Rosemary Hunter is an Australian academic who has been at Kent Law School since 2006 . She is a former Dean of the Griffith law school.In 1998, Hunter and Helen McKelvie were commissioned to produce a report named Equality of Opportunity for Women at the Victorian Bar...
, a supporter of Diane Fingleton and former Dean of the Griffith law school, has argued that Fingleton's case has raised a range of issues around party politics, gender politics and office politics.
Present
Later that year, Fingleton was again appointed and sworn in as a magistrate of the Caloundra Magistrates Court. She retired in May 2010.Filmography
Swimming UpstreamSwimming Upstream
Swimming Upstream is a 2003 Australian film written by Tony Fingleton and directed by Russell Mulcahy. It stars Harry McKeon, Jesse Spencer, Geoffrey Rush, and Judy Davis. It shows the life of Fingleton from childhood to adulthood, and dealing with a topsy-turvy family...
, her brother Tony
Tony Fingleton
Anthony 'Tony' Fingleton is a former Australian swimmer. He won silver medal in 1962 British Empire and Commonwealth Games. He had invitation to participate in 1964 Summer Olympics but he rejected and went to study in Harvard University...
's autobiographical film about his background and family, includes brief glimpses of his younger sister, Diane. The film was released in 2003 and was very well received.