by Ganesh Sahathevan
Simon Benson of The Australian reported on 24 May 2023 :
A prominent NSW Supreme Court judge has accused a Nationals MP of racism over his opposition to an indigenous voice to parliament, in an extraordinary intervention that has raised concerns about the separation of powers between the judiciary and the workings of parliament.
In a highly charged email sent to Nationals MP Pat Conaghan on Wednesday morning, Ian Harrison, a judge with the NSW Supreme Court, described the federal MP’s views as “disgusting”, paternalistic and racist.
In his email to Mr Conaghan, Justice Harrison expressed “dismay” at the MP’s speech, describing it as the “the lowest ebb in my day”.
“I appreciate that you are a member of Mr (David) Littleproud’s party, one of the first publicly to support the NO vote,” Justice Harrison wrote. “I despaired when he announced that decision, replete as it was with the perpetuation of institutional abuse of Australia’s First Nations people. You (sic) speech last night only increased my despair.
“I am not one of your electors so my opinion on anything has no direct bearing upon you (sic) electoral status. However, I was moved while listening to you speak to write to you now to express my complete sadness, not that you have predictably taken the stand that you have, but that you obviously do not understand or appreciate the depths of paternalism and racism that oozed from your words.
“Your argument is predicated upon the position that the Voice will add nothing practical to the lives of indigenous Australians.
“We can argue about that forever, but I will not do so here. However, what is so subtly disgusting about your contention is that it promotes the counterfeit spectre of harm to the Australian community while ignoring the immense and patently harmless symbolic benefit that recognition of the Voice will give to a long-neglected section of our society.
“There are no sleeping constitutional issues here. It is a simple matter of human decency. Your position, and the position of your party, is niggardly and cruel and mean-spirited. It is patently based upon a political stance that is indecent in its ignorance. May you live long enough, and acquire sufficient wisdom and self-awareness, to be ashamed of yourself.”
The email was signed: “Regards, Ian Harrison”.
The same judge has now been appointed Chief Judge at Common Law , NSW Supreme Court, which makes one wonder how the NSW Supreme Court and in particular the new Chief Judge at Common Law, considers the 60% of NSW voters who said NO. The people of NSW are entitled to an explanation.
TO BE READ WITH
New Chief Judge at Common Law appointed to NSW Supreme Court
9 November 2023
One of Australia’s most experienced members of the judiciary has been appointed a Judge of Appeal and Chief Judge at Common Law to the NSW Supreme Court.
The Hon Justice Ian Harrison was admitted as a solicitor in 1975 and called to the bar in 1977. He has practised in areas including building and construction matters, equity and insurance, property law and medical negligence and was an experienced appellate advocate.
Justice Harrison conducted the Australian Federal Police Corruption Inquiry in 1996 and was Assistant Commissioner to the Independent Commission Against Corruption (ICAC) Inquiry into Orange Grove in 2004-05.
He has been Director of the Law Council of Australia, President of the Australian Bar Association and President of the New South Wales Bar Association.
He became a Justice of the Supreme Court of NSW in February 2007.
NSW Attorney General Michael Daley said:
“We are fortunate to have one of Australia’s most incisive legal minds and a highly esteemed judicial officer in the Honourable Justice Ian Harrison.”
“Justice Harrison been greatly respected throughout his illustrious legal career. He is dynamic and wise and has a commanding intellect. He is an auspicious appointment as Chief Judge at Common Law and as a Judge of Appeal to the Supreme Court of NSW.”
Last updated:
09 Nov 2023
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