Criticism of bail magistrate 'misinformed'

Shae McDonald

Civil libertarians have come to the defence of a Cairns magistrate criticised for releasing from custody three men accused of bashing a police officer.

Acting Magistrate Susie Warrington has come under fire from the police union for releasing the trio, describing the attack as "sickening and vicious".

The men had been kicked out of a pub on Tuesday night following a wake and allegedly stomped and punched a 28-year-old acting sergeant, before his partner sprayed them with capsicum spray.

Three men, aged 20, 21 and 22, were charged with serious assault of a police officer and other offences and were due to appear in Cairns Magistrates Court on Wednesday.

Queensland Council of Civil Liberties vice-president Terry O'Gorman says the trio were entitled to bail and labelled criticism of Ms Warrington as "misinformed".

"While the allegations against the three men are serious, they are just that at this early stage in the court process, untried, untested and unproven allegations," Mr O'Gorman said in a statement on Thursday.

The granting of bail was an important process of any "free society" that upheld the belief people should not be incarcerated "upon mere allegations" before a trial, he said.