Justice William Charles Crockett AO - Victorian Bar

of our democratic society governed by therule of law. Sir Owen Dixon put it thus:It is the duty of the barrister to standbetween the subject and the Crown, andbetween the rich and the poor, the powerfuland the weak, it is necessary that,while the Bar occupies an essential part inthe administration of justice, the barristershould be completely independent andwork entirely as an individual, drawing onhis own resources of learning, ability andintelligence, and owing allegiance to none. 7Prior to David Hicks pleading guiltyto one charge before the United StatesMilitary Commission, the Chief USMilitary Prosecutor, Colonel Morris Davis,was reported as having “warned DavidHicks’ military lawyer, Michael Mori, that“politicking” on behalf of his client couldresult in charges under the Uniform Codeof Military Justice” and “cited Article88 of the Code which prohibits the useof contemptuous language against thePresident, Vice-President, Secretary ofDefence and Congress”. 8This was not the only reported commentby Colonel Davis about lawyersrepresenting Guantanamo Bay detainees.In March 2006, at a press conferenceat Guantanamo Bay, Colonel Davis isreported to have said it was “‘ironic’ thatbig law firms representing large defensecontractors like Boeing Corp. allow theirlawyers to represent Guantanamo Baydetainees pro bono”. 9Commenting on Colonel Davis’sstatements about Major Mori, the ChiefDefense Counsel for cases before themilitary commission, Colonel Sullivan, hasdescribed Major Mori’s conduct as “absolutelyproper”; and said that, in pressingDavid Hicks’ case in Australia, “Major Moriis fulfilling his duty as an officer and as anattorney”. 10Colonel Davis has said it was never hisintention to charge Major Mori or removehim from the case. He was still reported asmaintaining that Major Mori’s statements,for example, that the President, Secretaryof Defense and Congress “intentionallycreated a rigged system that guaranteesconvictions in order to cover up wrongdoing”,are improper. 11In controversies of this kind, we shouldnot lose sight of the principle that, in ademocratic society governed by the ruleof law, a client has a right to independentcounsel. We must be ever vigilant toprotect that right. It is eroded whenevercounsel is subjected to threats, recriminationor punishment for doing no morethan lawfully discharging their duty totheir client under their retainer. The issueis the proper administration of justice justas the immunity of the party, witness,We should not lose sightof the principle that, ina democratic societygoverned by the rule oflaw, a client has a right toindependent counsel. Wemust be ever vigilant toprotect that right.counsel, jury and judge for words spokenin court has been said to lie in “the publicinterest in the ‘effective performance’ ofits function by the judicial branch of government.”12On Thursday 1 March 2007, 48 readersincluding two from Vanuatu began theVictorian Bar Readers’ Course.Our Bar Readers’ Course is long establishedand highly regarded. Our system ofindividual mentors, and individual seniormentors, gives Readers accommodationin their mentor’s chambers for the ninemonths reading period, and individualsupport. Our system of BCL chambersand accredited barristers’ clerks providesaffordable chambers and administrativesupport. Our open door policy is an ongoingnetwork of support, not only for newmembers, but for the whole Bar.All going well, the new readers will signthe Roll of Counsel of the Bar in May andbecome practising barristers. I wish themwell.Michael ShandChairmanNotes1. CV Wedgewood, the Trial of Charles I,Penguin (1964), 28.2. Address by Justice Michael Kirby to theAnglo-Australian Lawyers’ Association inthe Great Hall of Gray’s Inn, London on 22January 1999 entitled The Trial of KingCharles I — Defining Moment for OurConstitutional Liberties — available onthe High Court of Australia website.3. Wedgewood, 44.4. Geoffrey Robertson The TyrannicideBrief (Vintage Books London 2006) p.154.5. Ibid, 314.6. Ibid, 337.7. Sir Owen Dixon Address upon taking theoath of office in Sydney as Chief Justiceof the High Court of Australia on 21 April1952 in Jesting Pilate (Law Book Co1965) at 245.8. The Australian 3 March 2007 “Moricharges could be laid after trial”; seealso The Age 3 March 2007 “Mori couldbe taken off Hicks case, derailing trial”and The New York Times 5 March 2007“Terror Case Prosecutor Assails DefenseLawyer”.9. Legal Times 28 March 2006 “Top LawFirms Join Forces in Landmark DetaineeCase”.10. The New York Times 5 March 2007 “TerrorCase Prosecutor Assails Defense Lawyer”.11. Ibid.12. D’Orta Ekenaike v Victoria Legal Aid(2005) 223 CLR 1 at [42] per Gleeson CJ,Gummow, Hayne and Heydon JJ [footnoteomitted].AdmissionCeremonies 2007The Chief Justice has set downthe following dates for AdmissionCeremonies in the second half of2007 as follows:Tuesday 14 AugustTuesday 18 SeptemberTuesday 16 OctoberTuesday 13 NovemberTuesday 11 December8