Lord Herbert wrote on May 29
th, 2016 at 9:23am:
tickleandrose wrote on May 28
th, 2016 at 9:40pm:
Well, it would be correct in many other countries like North Korea. But here in Australia, we have this tiny thing in the legal system, and that is:
You are innocent until proven guilty.
Wrong! You have been sadly misinformed.

There is a little thing called Presumption of Guilt which the police are empowered to assume WAY before the arrested party is marched into a court of law. If this wasn't so, then every arrested person who is ultimately judged to be innocent would be
successfully suing the socks off the Police Department for
wrongful arrest.
Boat people appearing in Australian sovereign waters are
correctly deemed to be Illegal Immigrants
until such time as they declare themselves to be seeking asylum from persecution. Until that moment, they ARE invaders of Australia's sovereign territory ...
In Australia, our legal system is quiet robust. There is this thing called wrongful arrest.
Examples of an unlawful arrest may include
Being arrested for possession of a small amount of prohibited drug
Being acquitted of an offence where Police didn't properly investigate a matter before arresting
Being arrested and then being released after processing without being given any bail conditions
Being asked to come down to the station for a "chat" and then going down voluntarily and then being arrested when you get there
Presenting yourself at the station after a Police Officer leaves a message for you to contact them
Being arrested for no reason at all, other than failing the "attitude test"
Being arrested so Police can interview you
Being arrested so the Police can identify you
Being arrested even though the Police know who you are and where you live, and Court proceedings could have been started by serving a Court Attendance Notice rather than by arrest and charging.
Excessive force being used during the arrest which otherwise might have been lawful.
Being arrested because Police mistakenly thought there was a warrant out for your arrest.
Being arrested days or weeks after an event, with no concern for victims or witnesses
And yes, if wrongful arrest or detention occurs, and the victim can demonstrate material damages, then they are entitled to compensation. Well, at least this is our legal system currently.
Well, lets do a little role play involving Mr Herbert

Its a lazy Sunday morning, when Mr Herbert was awoke from his dreams of how he wanted to deem all asylum seekers illegal. He was about to smile in victory when the front door to his home got bust down, and next thing he knew it, he was talking to a police officer across the interview table.
Herbert: why am I here? you have no right!
Police: you know what you have done Mr Herbert! Now fess it up!
Herbert: this is rediculous! I havent done anything.
Police: Last night, a lady was murdered in <generic suburb>, and her body parts were found this morning in <generic suburb>.
Herbert: so? That doesnt prove anything!
Police: We got records from the mobile phone companies. You are one of 5 people whose mobile phone had passed through the relevant phone towers. So, you have 20% chance that you are guilty!
Herbert: But this is absurd. I am innocent.
Police: In Australia, you are presumed guilty until proven otherwise! Now, you will be transported to a detention camp in Alice Spring, until we can find out that you are innocent, we cannot let you back on the streets.
Herbert: for how long.... (he choked back his shock and despair)
Police: for until you are found innocent.