Ms MARTIN - 2000-05-09
On Thursday, 16 March, on the 7.30 Report, you said that you moved to alter the Chief Magistrate’s contract and I quote: ‘As soon as I became aware of it’. The Chief Minister thus indicated to Territorians that until he became Chief Minister and Attorney-General, he had no knowledge of this unconventional contract. Yet, just a few days later, his predecessor, Shane Stone, was saying, and I quote Mr Stone: ‘Burke was privy to this at the outset. Cabinet put the decision in place’. So who has misled Territorians, our Chief Minister, the Attorney-General or the President of the Federal Liberal Party?
ANSWER
Mr Speaker, members would be aware that there is an ongoing court case in relation to...
Mr Stirling: This question has nothing to do with that.
Mr BURKE: It would help if you gave me a moment to say something before you interject.
As members would know, there is an ongoing court case with regard to this particular issue. Can I tell you in response to the Leader of the Opposition’s question there is no secret deal with regard to the Chief Magistrate’s contract. There is no secret deal with regards to the appointment of the Chief Magistrate and the terms under which he was appointed. He was appointed by the Administrator in Executive Council, under terms and conditions as decided by the Administrator in Executive Council.
What we have with the ongoing issue of the Chief Magistrate - and I am limited in what I can say - is simply this, and I use the quote from the shadow attorney-general for my response. He said on Radio News on 27 April this year: ‘And now we have a situation which has been complicit in an arrangement ...’ – that is me being complicit - ‘... that now sees the Chief Magistrate in an absolutely untenable position.’ The shadow attorney-general says: ‘I really think that the only way they can clear the situation up is to replace the Chief Magistrate’. This is Labor looking after victims. This is Labor looking after an accused, before it even gets to court. What you do is you say: ‘I have heard all the allegations, the man’s in an untenable position, you need to get rid of him’. That is the way the Labor Party looks after victims. That’s how the Labor Party would defend the Chief Magistrate of the Northern Territory.
Ms Martin: Your lies!
Mr PALMER: A point of order, Mr Speaker!
Mr SPEAKER: The Leader of the Opposition will withdraw those comments.
Ms Martin: I withdraw, Mr Speaker.
Mr BURKE: That is how the Labor Party looks after the innocent and that is how the Labor Party looks after victims - you suggest you get them out of the way. Do you know what this government does? You get in there and you fight against the allegations and the spurious stuff, the sorts of allegations that have been raised against the Chief Magistrate, his conduct and his appointment. What the government does is get in there and fight and fight for the innocent. You know what you do? You might just have some success. If you saw the transcript of the court case last Friday you would see that all the allegations against the Chief Magistrate have been thrown out. All of the allegations against the Chief Magistrate and the conduct and the way he does his duties ...
Ms Martin: But not the invalidity of his appointment.
Mr BURKE: …have been cut – I am getting to that – have been thrown out. There is one outstanding issue.
Ms Martin interjecting.
Mr SPEAKER: Order! The Leader of the Opposition has had an opportunity to ask the question. Please hear the answer.
Mr BURKE: If the Chief Magistrate could see this! This is the way justice is dispensed in the Territory. Here we have the spouse, partner, of a lawyer, standing up here and already dictating what are the real facts of this case. Most of the allegations against the Chief Magistrate have been thrown out.
What we have is a single issue remaining. Was the appointment of the Chief Magistrate legal according to legislation? That is the issue that remains. I support that issue being decided by the court. I support the way that it has unfolded because what has happened is that we are seeing the legal process gradually strip away all of these allegations. One is left, and that will be decided by the court in due course. I say as the leader of government that I have every confidence in the fact that the Chief Magistrate and the terms of that appointment will survive the court process. But what is really wrong, what really goes to the depths of immorality in my opinion, is the way the shadow attorney, supported by the Leader of the Opposition, can prejudge this case whether you use the coward’s castle of parliament or any other area.
Only the Leader of the Opposition is such a coward that she dares speak in this place, because she hasn’t got the guts, she hasn’t got the guts to say one word - and I have all the transcripts - in the public forum on this issue. If I am wrong, please correct me. You have left in to your lackeys, but you will stick your mouth in front of this microphone, trying to get something into the Hansard,and that’s the way a coward operates.
Bring on your questions about the Chief Magistrate. The reality is I am confident ...
Mr Stirling: Who told the lies?
Mr SPEAKER: Order! The member for Nhulunbuy is on a warning.
Mr PALMER: And he should withdraw that, Mr Speaker.
Mr SPEAKER: Yes, and you will withdraw.
Mr Stirling: It is still a question. I withdraw, Mr Speaker.
Mr BURKE: The reality is that I am confident in the court process that is occurring. I think it is disgraceful that it was even brought to this stage. Disgraceful that your mates, the Aboriginal Legal Aid Service and others have played such games to get it to this stage, but it is going through the process. Most of the allegations have been struck out by the court, and I have confidence in the Chief Magistrate, his integrity, his honesty, and the legality of the terms of his appointment.
ANSWER
Mr Speaker, members would be aware that there is an ongoing court case in relation to...
Mr Stirling: This question has nothing to do with that.
Mr BURKE: It would help if you gave me a moment to say something before you interject.
As members would know, there is an ongoing court case with regard to this particular issue. Can I tell you in response to the Leader of the Opposition’s question there is no secret deal with regard to the Chief Magistrate’s contract. There is no secret deal with regards to the appointment of the Chief Magistrate and the terms under which he was appointed. He was appointed by the Administrator in Executive Council, under terms and conditions as decided by the Administrator in Executive Council.
What we have with the ongoing issue of the Chief Magistrate - and I am limited in what I can say - is simply this, and I use the quote from the shadow attorney-general for my response. He said on Radio News on 27 April this year: ‘And now we have a situation which has been complicit in an arrangement ...’ – that is me being complicit - ‘... that now sees the Chief Magistrate in an absolutely untenable position.’ The shadow attorney-general says: ‘I really think that the only way they can clear the situation up is to replace the Chief Magistrate’. This is Labor looking after victims. This is Labor looking after an accused, before it even gets to court. What you do is you say: ‘I have heard all the allegations, the man’s in an untenable position, you need to get rid of him’. That is the way the Labor Party looks after victims. That’s how the Labor Party would defend the Chief Magistrate of the Northern Territory.
Ms Martin: Your lies!
Mr PALMER: A point of order, Mr Speaker!
Mr SPEAKER: The Leader of the Opposition will withdraw those comments.
Ms Martin: I withdraw, Mr Speaker.
Mr BURKE: That is how the Labor Party looks after the innocent and that is how the Labor Party looks after victims - you suggest you get them out of the way. Do you know what this government does? You get in there and you fight against the allegations and the spurious stuff, the sorts of allegations that have been raised against the Chief Magistrate, his conduct and his appointment. What the government does is get in there and fight and fight for the innocent. You know what you do? You might just have some success. If you saw the transcript of the court case last Friday you would see that all the allegations against the Chief Magistrate have been thrown out. All of the allegations against the Chief Magistrate and the conduct and the way he does his duties ...
Ms Martin: But not the invalidity of his appointment.
Mr BURKE: …have been cut – I am getting to that – have been thrown out. There is one outstanding issue.
Ms Martin interjecting.
Mr SPEAKER: Order! The Leader of the Opposition has had an opportunity to ask the question. Please hear the answer.
Mr BURKE: If the Chief Magistrate could see this! This is the way justice is dispensed in the Territory. Here we have the spouse, partner, of a lawyer, standing up here and already dictating what are the real facts of this case. Most of the allegations against the Chief Magistrate have been thrown out.
What we have is a single issue remaining. Was the appointment of the Chief Magistrate legal according to legislation? That is the issue that remains. I support that issue being decided by the court. I support the way that it has unfolded because what has happened is that we are seeing the legal process gradually strip away all of these allegations. One is left, and that will be decided by the court in due course. I say as the leader of government that I have every confidence in the fact that the Chief Magistrate and the terms of that appointment will survive the court process. But what is really wrong, what really goes to the depths of immorality in my opinion, is the way the shadow attorney, supported by the Leader of the Opposition, can prejudge this case whether you use the coward’s castle of parliament or any other area.
Only the Leader of the Opposition is such a coward that she dares speak in this place, because she hasn’t got the guts, she hasn’t got the guts to say one word - and I have all the transcripts - in the public forum on this issue. If I am wrong, please correct me. You have left in to your lackeys, but you will stick your mouth in front of this microphone, trying to get something into the Hansard,and that’s the way a coward operates.
Bring on your questions about the Chief Magistrate. The reality is I am confident ...
Mr Stirling: Who told the lies?
Mr SPEAKER: Order! The member for Nhulunbuy is on a warning.
Mr PALMER: And he should withdraw that, Mr Speaker.
Mr SPEAKER: Yes, and you will withdraw.
Mr Stirling: It is still a question. I withdraw, Mr Speaker.
Mr BURKE: The reality is that I am confident in the court process that is occurring. I think it is disgraceful that it was even brought to this stage. Disgraceful that your mates, the Aboriginal Legal Aid Service and others have played such games to get it to this stage, but it is going through the process. Most of the allegations have been struck out by the court, and I have confidence in the Chief Magistrate, his integrity, his honesty, and the legality of the terms of his appointment.
Last updated: 09 Aug 2016