The sentence of two-and-a-half months’ jail imposed upon political activist Albert Langer shows the law and the Electoral Commission are asses. The sentence will give Mr Langer some satisfaction in showing the law is an ass.
Mr Langer was jailed for defying a February Victorian Supreme Court injunction barring him from distributing pamphlets urging voters not to allocate preferences to the major parties. The jail term was imposed after Mr Langer told the judge: “”The only way you can constrain me is to lock me up.” The judge fell for it and made Mr Langer a martyr and the commission a fool.
Justice Barry Beach, who ordered the injunction after a complaint from the commission, said Langer’s defiance was a blatant contempt of court. Immediately after the injunction was issued, held a news conference and handed out more leaflets.
That was a blatant contempt. But it was a harmless one, and the punishment should have been put into perspective. Assaults and major driving offences do not carry such a high penalty and they cause harm, unlike Mr Langer’s offence. Certainly there was no ground for jailing Mr Langer beyond March 2.
The electoral commission has behaved very stupidly. Does it really matter if a lone protester wanders around the place encouraging people to vote in one way or the other. The provision of the electoral that makes it an offence should be repealed. It may well be that it is unconstitutional anyway, as a breach of the freedom of political communication.