The failure by police to disclose evidence in criminal cases is an “endemic problem” in Queensland causing miscarriages of justice, renowned civil liberties lawyer Terry O’Gorman has told The Callover podcast.
Mr O’Gorman, who retired from practice more than a year ago, said he had originally intended to devote 12 months to pushing for change on the issue, but would continue to pursue reforms for another year.
In a wide-ranging discussion about his five decades in criminal law – from his beginnings with the Aboriginal Legal Service and involvement in the Fitzgerald Inquiry to his longstanding defence of human rights – Mr O’Gorman said reform regarding disclosure as long overdue.
While it is part of the Queensland Criminal Code that the police are required to hand over to an accused person all evidence that might help the case for the defence, O’Gorman said too many police officers were not handing over such information.
“One, because some of them don’t know how the disclosure regime works and they’re not properly trained; others do know how it works and are too lazy to do it,” he said.
“But there’s a category of police who deliberately withhold evidence that is relevant to an accused defence because they don’t want to lose the case.”
He pointed to the relatively recent case of R v Ernst Queensland Court of Appeal case where a sexual assault conviction was overturned based on evidence that wasn’t made available to the defence during trial. At a subsequent retrial, the accused was acquitted.
“And it’s a disconnect that I have seen ever since. The criminal law, in theory, says one thing; often in practice, it does the opposite.”
Terry O’Gorman
“That is not an isolated case. The problem with the failure by police to disclose is a serious endemic problem in Queensland, and it is causing miscarriages of justice,” he said.
Mr O’Gorman said that sustained, public facing advocacy that highlighted miscarriages of justice is essential to bringing the pendulum back to the centre.
His proposals to reform the disclosure scheme are outlined in the paper Sexual Offences – Has the Pendulum Swung Too Far?, which he delivered at the Bar Association of Queensland, University of Queensland and Supreme Court Library Queensland’s Current Legal Issues Seminar Series in November 2025.
In a wide-ranging interview, the legendary civil rights campaigner discussed his time as a law student legal observer at the protests against the 1971 Springbok rugby union tour, which were banned under a State of Emergency declared by Premier Joh Bjelke Petersen and met with a heavy police response.
“Well, it showed to me the significant disconnect between what I was then studying criminal law at the University of Queensland and what was happening on the street,” he said.
“And it’s a disconnect that I have seen ever since. The criminal law, in theory, says one thing; often in practice, it does the opposite.”
He also reflected on his formative years at the Aboriginal Legal Service after graduating in 1976.
With police verballing still “alive and well” in the late 1970s, he said covertly recording interactions between his clients and police on a tape recorder led to false confessions being thrown out of court.
A key catalyst for the introduction of formal recorded police interviews was the Fitzgerald Inquiry, during which Mr O’Gorman cross examined Bjelke Petersen on behalf of the Civil Liberties Council over the 1977 street march ban.
“He prevaricated and hedged and hummed and huhhed, but eventually he conceded that it was pure politics. As a result of the Fitzgerald Inquiry, there was a new law brought in called the Queensland Peaceful Assemblies Act, and that has worked very well for the last 30 years,” he said.
He said a key lesson from the Fitzgerald Inquiry which remained important for today’s lawyers was to speak up and push government to act.
“There’s no point saying, ‘what are we going to do about it?’. You have to get in, do it,” he said.
The Callover is a podcast created by young lawyers, for young lawyers. It is hosted by the QLS Future Leaders Committee, dedicated to inspiring a generation of connected, capable and healthy young lawyers. You can listen to the podcast on Spotify, Apple Podcasts, or your favourite podcast app.
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