David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

I thank Senator Fielding for what is a very important question to those 300 fishermen who now feel aggrieved, given that there has been an amendment to repair a situation that was quite anomalous. I also pause to thank Senator Boswell, who has been arguing the case of those 300 fishermen for some long time. I can assure Senator Fielding that I have addressed those issues with open ears. I have to say that, where we have convictions recorded, often on pleas of guilty, in a belief that a certain set of circumstances prevailed, it is now not possible to go back and review those matters, because ignorance of the law is not an excuse. There are a number of High Court cases that substantiate this.

There is clearly, I think—in agreement with you, Senator Fielding—an injustice done to those 300 convictees, if I may use that expression. What I am currently doing is entertaining my department and the Attorney-General’s Department with the request of Senator Boswell. Indeed, may I say that I am hoping for an answer at any moment. This afternoon I have a meeting with respect to precisely that problem and I anticipate being in a position to address whether or not it is appropriate that pardons in the face of this anomalous and unjust situation can in fact be granted. I will make sure, if I may, through you, Mr President, that I will inform Senator Fielding, because I do appreciate his question and his interest in this subject. It is clear—