Tag: chris nyst

It has long been accepted that the element of certainty is essential to the rule of law. Long-standing legal principle dictates that the law should be certain and accessible, so it can be easily enforced and people can know where they stand. But in an ever more complicated world, that task is becoming increasingly complex.
By the time the ambulance arrived the young man in the front passenger seat was already dangerously close to death. His once fit, handsome best mate was now crumpled and bloodstained beside him, folded in awkward angles across the twisted steering wheel, his pelvis and both arms shattered in various places. The other two passengers, recently happy and carefree youngsters, were pathetically slumped at the roadside, bloodied and bewildered by the horror of sudden and devastating developments.
Remember the old joke about lawyers and rats? In case you don't, here's how it goes: “The National Institute of Health announced this week it would start using lawyers instead of rats to conduct its laboratory experiments. The American Bar Association has objected, but the NIH says there are three good reasons why lawyers are better than rats for laboratory work. Firstly, there's a lot more of them. Secondly, laboratory staff don't become so emotionally attached to them, and thirdly, there are some things even a rat won't do for reward."
Society's more forgettable characters sometimes prove to be life's most memorable ones. About twenty years ago I appeared for a hapless heroin addict called to give evidence at an investigative hearing which required him to be cross-examined by a very experienced and capable Queen’s Counsel.
Without doubt, self-preservation is the most powerful and compelling of all human instincts. The will to survive - physically, emotionally, financially – is acute and compelling, inextricably ingrained in our human condition.
Way back in 1968, Andrew Warhola, better known as the iconic American artist, director and film producer Andy Warhol, the celebrated pinup boy of the uber-cool 1960s visual art movement known as Pop Art, made what was to prove a profoundly prophetic statement. "In the future," Warhol proclaimed, "Everyone will be world-famous for 15 minutes."
This week I learned some stuff about intoxicated people. Given the popular national penchant for a cold beer on a hot day, perhaps it’s unsurprising that it happened on a trip to the sweltering tropics. The whole saga started more than a year ago when the Liquor and Gaming regulators decided to raid a Far North Queensland pub to make sure everyone up there was conducting themselves with all appropriate decorum and discretion. As it turned out, they concluded to their shock and horror that they weren’t.
When I first started doing trial work as a young lawyer I was constantly surprised and intrigued by the persistent inconsistency between different eyewitness accounts of the exact same incident. Particularly when dealing with a violent or otherwise shocking event, such as a car crash or a brutal street brawl, no two witnesses seemed to remember the same event in the same way. For a defence lawyer it was the welcome stuff of reasonable doubt, but I soon learned it was also just a fact of life. When people are confronted by emergent and traumatic circumstances, their brains can only take in so much detail, and the fact two witnesses remember one event in completely different ways doesn't necessarily mean either one is telling fibs. Quite the contrary.
There is no more powerful human narrative than the story of redemption, the assurance that no matter what evil we have done we can atone, strive to be better and ultimately find forgiveness. Not everyone believes in true redemption. But, like the good preacher, a good lawyer has to believe we all can hope to one day be delivered from our sins.
In a time of increasingly vigorous criticism of some of our court processes, many were taken aback when Victoria’s Supreme Court recently hit back at its detractors, carpeting three politicians, a journalist and a newspaper editor, over public statements criticising the sentencing of terror offenders. A couple of months ago three ministers of the Turnbull government, – Greg Hunt, Alan Tudge and Michael Sukkar – publicly slammed Victorian judges for what they characterised as inappropriate leniency and “ideological experiments” in sentencing terrorists, Mr Sukkar asserting the judges’ approach “has eroded any trust that remained in our legal system.”
The threat last week by One Nation Senator Malcolm Roberts to report Fairfax Media journalists to police for stalking, raises some interesting questions. Last Thursday the Senator’s senior media adviser, Sean Black, threatened to complain to police about what he called "continued pestering" and "harassment". His claims followed allegedly persistent emails from journalists seeking answers from Senator Roberts about renunciation of his UK citizenship, in the context of the broader dual nationality debate. Mr Black reportedly told Fairfax Media to "stop the harassment" and warned that further “pestering or harassment” would be referred to the Queensland Police Service for prosecution.
The Roman Catholic Cardinal George Pell has retained a brilliant USSR-born, Jewish lawyer to defend him.  Melbourne-based barrister Robert Richter QC has been retained to defend the Cardinal on historical sex charges. Having worked often with Robert, I can tell you the Cardinal has an excellent man in his corner. But nonetheless, many experienced lawyers are privately wondering if he can possibly get a fair trial.