Justice William Charles Crockett AO - Victorian Bar

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News and ViewsWelcome to Brigadier The HonTracey RFDAt his swearing-in as DJAG-ARMY before the Honourable JuCourt on 20 February 2007Delivered By Brigadier Ian Westwood AM Chief Judge AdvocateMay it please the Court.It is a testament to yourHonour, and the service that youhave unstintingly given over many years,that today’s ceremony is conducted in thisceremonial court by the Chief Justice andin the presence of many distinguishedguests from both the law and the services.These include your wife Hillary, your family,the Honourable Justice Frank Callawayof the Victorian Court of Appeal and lateof the AALC, the Honourable JusticeLander from your Honour’s own court,Commodore His Honour Judge Tim Wood,the Deputy Judge Advocate General Navy,Major General Greg Garde, Air CommodoreAndrew Kirkham, a former Deputy JudgeAdvocate General Air Force, Captain PaulWillee, former Head of the Military Bar,senior Navy, Army and Air Force officersand fellow members of the Defence legalfraternity.Your Honour graduated Bachelor ofLaws with Honours from the University ofMelbourne in 1969. This was followed by anumber of years in academe and includedpost-graduate qualifications from both theUniversity of Melbourne and the Universityof Illinois. It was during this period of yourHonour’s career that you volunteered formilitary service in the Australian ArmyLegal Corps as a Reserve officer.Your Honour’s subsequent attainmentsand success, in both the broader legalprofession and within the legal corps, area reflection upon your Honour’s capacityfor work and the intellectual rigourbrought to it. Within the broader profession,your Honour took silk in 1991, andwas appointed to the Federal Court ofAustralia in 2006.So far as your Honour’s military serviceis concerned, you were one of the initialWelcome To Brig. The Honourable Justice R.R.S. . Tracey RFD.appointments to the panels for judgeadvocates and Defence Force magistratesestablished when the Defence ForceDiscipline Act commenced in 1986. It wasfrom these early days that your Honourbecame the subject of enduring militaryfame by being the subject of the firstConstitutional challenge to the validityof the Defence Force Discipline Act inthe matter of re Tracey; ex parte Ryan(1989) 166 CLR 518. Fortunately for themilitary careers of many in court today,this challenge was unsuccessful.Notwithstanding the demands of yourHonour’s practice over the years, youalways found the time for Reserve service.30
ourable Justice R.R.S.stice Michael Black AC, the Chief Justice of the FederalHonourable Justice Black andBrigadier The Honourable JusticeR.R.S. Tracey RFD.This included a preparedness, invariablyat short notice, to spend your Christmasvacations reading the proceedings of theBlackhawk and other significant boards ofinquiry with a view to reporting on theirlegal adequacy. This is indicative not onlyof the service that you have renderedover the years, but also of the supportand forbearance of Hillary and your familyin accommodating the demands ofboth your practice and your military service.It did occur to me that these demandsmust have take their toll because I understandthat on a recent flight from Darwinafter attending to Defence business, whenthe steward proffered a hot towel, yourHonour somewhat optimistically misheard“cocktail” and indicated that you wouldhave a brandy and dry.As a deputy Judge Advocate General,your Honour will be required to providethe final binding legal advice in connectionwith the internal review processes.This will provide your Honour with aninsight into the workings of the summaryjustice system. I have no doubt that yourHonour’s tact and diplomacy will rise tothe occasion of gently correcting the commandingofficer who occasionally falls intolegal error. This is often unwitting, as inthe case of the Commanding Officer whowas asked to explain his understanding ofsatisfaction beyond reasonable doubt forthe purposes of a review of the proceedings.The officer indicated that he drewup a list of the elements of the offenceand placed a tick against an elementeach time the prosecution proved thepoint.Conversely, if the defence disproveda point, a cross was entered. At theend of the evidence, the commandingofficer added up the ticks and crossesfor each element. If the ticks outnumberedcrosses, then he was satisfiedas to that element beyond reasonabledoubt. It will be your Honour’s task toexplain that such logical and straightforwardapproaches are, of course, quitewrong. Ideally this will be achieved insuch a way that the Commanding Officerwrites a letter of thanks for the light thatyou will have shed upon his legal darkness.Similarly, the robust approach takento matters of procedure may providethe occasional challenge. There was, forinstance, the case where the accused wasdefending a charge of assault on a superiorofficer. At the end of the prosecutioncase, the commanding officer asked theregimental sergeant major if there wasany reason why the accused could notbe called as part of the prosecution case.On having been assured that there wasnot, the commanding officer called theaccused on his own motion and asked theone question, “Did you point your rifleat LT AB or not, answer yes or no.” Theaccused answered yes. It is possible thatrather like your Honour’s approach to thehot towel, that the accused was undulyoptimistic when he subsequently electedto make an unsworn statement as part ofthe defence case.On behalf of the Judge AdvocateGeneral, Major General The HonourableJustice Len Roberts-Smith, your comradesin the Services and the wider DefenceLegal Office, we congratulate your Honouron your appointment as the Deputy JudgeAdvocate General Army and the opportunitywhich this will afford you to continuethe service and contribution whichhave been hallmarks of your Honour’smany years in the Reserve Forces todate. We wish you well, and congratulateyou on your recent promotion toBrigadier.If the Court pleases.31
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Justice William Charles Crockett AO - Victorian Bar

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