Category: Opinion

Frank Darabont’s 1994 film The Shawshank Redemption is an enduring classic of American cinema. Based on the Stephen King novella Rita Hayworth and the Shawshank Redemption, it tells the story of Andy Dufresne, a young banker sentenced to life imprisonment in the tough Shawshank State Penitentiary for the murder of his wife and her lover, a crime he says he didn’t commit. That’s tough material for any audience, and when the film was first released it all but tanked at the box office. But eventually moviegoers came to embrace the morality tale at the heart of Andy’s redemption, and the film went on to outstanding critical acclaim, recognised as one of the best films of our time. Most of the most quotable quotes come from Andy’s fellow inmate Ellis “Red” Redding, played with understated dignity by the great Morgan Freeman, whose gentle narration becomes a quiet commentary of Dufresne’s desperate struggle to maintain his self-worth in the face of brutality and hopelessness.
From little things big things grow. How true it is. I was filled with an enormous sense of pride recently when I drove past one of the giant Griffith University billboards (pictured above) celebrating the success of young Brisbane Barrister Joshua Creamer, a former member of the Nyst team.
I guess just about everybody who's ever had anything much to do with the Australian film industry has a soft spot for television film reviewers Margaret Pomeranz and David Stratton. Affectionately referred to by all and sundry simply as Margaret and David, for 28 years the pair agreed, disagreed, and agreed to disagree, about an estimated 8000 films they reviewed, firstly at SBS on The Movie Show and then at the ABC in At The Movies, becoming what filmmaker Greg Maclean has called "a genuinely important part of the cultural landscape of cinema in Australia."
On Friday last week my dear daughter Carly Nyst, a UK-based Australian lawyer who is currently the Legal Director of the human rights group Privacy International in London, addressed the United Nations Human Rights Council in Geneva on the right to privacy in the digital age. As part of a panel which included Flavia Panasieri , the Deputy High Commissioner for Human Rights, and Special Rapporteur on freedom of expression with the Inter-American Commission on Human Rights, Catalino Botero Marino, Carly told the Commission that the right to privacy is a fundamental part of human dignity, which guarantees the protection of other human rights such as the freedom of expression, and should be jealously defended by the United Nations, particularly in the wake of WikiLeaks and the Edward Snowden Affair. The Deputy High Commissioner for Human Rights Ms Botero said the Commission recognised that systematic collection of data by governments directly affects the right to privacy and freedom of expression, and appropriate safeguards and controls must be elaborated to prevent those negative effects on human rights.
Yesterday I joined South Sydney faithful at the old Redfern Town Hall in Sydney for the launch of Glory, Glory, the autobiographical account of the life and times of South Sydney rugby league legend ‘Gentleman’ John Sattler. MC’ed by John’s premiership-winning son Scott, and introduced by life-long South Sydney tragic Ray Martin, the event was a raging success, not least because of the engaging reminiscences of the great man himself.
When I received a call last night to hear my old friend and mentor Cedric Hampson QC had passed away at his home over the weekend I was left with a deep sense of sadness. Cedric was not only a great intellect, and a very fine lawyer, but he really was one of God’s own gentlemen. A published novelist and lover of the arts, the former rugby player, Rhodes Scholar and President of the Queensland Bar Association was a man for all seasons, equally at home dissecting thorny legal issues before the Court of Appeal as he was sipping red wine and chatting idly about our common interest in movies, music and the arts. Over the years  Cedric and I worked closely together on many cases, including the successful appeal of former One Nation leader Pauline Hanson, and he was  always an inspiration. He was rightly recognised as without peer in the Queensland legal profession for generations. Above all he was just a lovely man – always courteous, avuncular and generous of spirit - and he will be sorely missed.
Earlier this week I was sitting in the public gallery of a Magistrates Court on the Sunshine Coast waiting for my client's matter to be called before the magistrate, when a downcast defendant was led into the dock with both hands locked together in a pair of impressive-looking wrist restraints. The police prosecutor proceeded to launch into a dissertation on the defendant's misdemeanours, when the Magistrate abruptly interrupted.
Violence begets violence. We’ve all become accustomed to television images of US police responding to even the most apparently minor civil disturbance with guns drawn and pointed, barking orders at suspects and bystanders alike, taking no prisoners and no chances whatsoever, because somebody, anybody, could suddenly turn violent and put them in a life-threatening situation. And it’s true, they could. But what came first, the chicken or the egg? Is America an armed society because everyone is armed to the back teeth, or is everyone in America armed to the back teeth because they live in an armed society? Do American police adopt their ‘shoot on sight’ approach because every suspect is lethally dangerous, or is the lethal danger at least in part a product of police willingness to ‘shoot on sight’?
Last week I was invited by Amnesty International to join a panel of criminal justice experts discussing the human rights implications of Queensland's anti-bikie laws, indefinite detention regime, and other current and mooted legislative changes challenging many of our accepted notions of personal liberty. The discussion, which took place in the Banco Court of Brisbane's new Supreme Court complex, and involved a broad spectrum of speakers ranging from the Queensland Police Commissioner Ian Stewart to legal academics and practitioners, was introduced by the President of the Queensland Court of Appeal Justice Margaret McMurdo, who spoke powerfully of the need for lawyers to find a voice in championing human rights both here and internationally.
As a novelist and film-maker, and advisor to a singer-songwriter son heavily involved in the music industry here in Australia as well as internationally, copyright is a subject near and dear to my heart. I’ve learned from bitter experience that the golden rule for any creative is ‘hold on to copyright as long as you can’. When I wrote my first film script I found the first thing most producers wanted me to do was assign them copyright in the script, and managers and music labels signing up aspiring rock stars are always looking to slip into their agreements clauses giving them a healthy piece of any copyright action that’s on offer. That’s because when it comes to the business of the arts, copyright means control.
It's great to see Southport officially recognised by the State Government as the Gold Coast's ‘new’ CBD. What a great story. It's got everything but Marty McFly. In Robert Zemeckis’s classic 1985 sci-fi comedy Back to the Future teenager Marty McFly (Michael J Fox) is sent back in time in a DeLorean sports car time-machine to re-visit his sleepy mid-west home town in 1955. In the early 1980s when I opened a law firm with my old mate Johnny Witheriff, I wasn’t quite driving a DeLorean, but my 1963 Wolsley 6 was almost as plush, and back then in the future Southport was already the ‘big smoke’ of the Gold Coast.
Picture: Dmitry Osipenko Established in 2008, the Grattan Institute is a Melbourne-based public policy think tank which focuses on the key policy areas of Cities, Energy, Health, Schools Education, Higher Education and Productivity. With the help of funding from the Australian Federal Government, the State Government of Victoria, the University of Melbourne and BHP Billiton, it draws on research and expertise drawn from a broad range of fields to formulate high quality evidence-based public policy for Australia’s future. In its most recent report the Institute argues that for both social and economic reasons we have to find ways either to enable our workers to live closer to Australia's CBDs, or to reach them more quickly and effectively by road and public transport. The report is posted on the internet, and is worth a read.