Department of the Legislative Assembly, Northern Territory Government

Mr STIRLING - 2001-06-07

Mr Speaker, the court proceedings surrounding the Country Liberal Party’s unprecedented appointment of the Chief Magistrate is creating havoc with the Territory’s legal system. Uncertainty now prevails due to the Country Liberal Party’s attempts to politicise the judiciary. To restore any resemblance of faith that you are capable of being the Territory’s first law officer, will you today table all documents that your government holds relating to this appointment and tell us what steps you have put in place to end this saga and return complete impartiality and certainty to our legal system?

ANSWER

Mr Speaker, the member for Nhulunbuy asks what steps the government has put in place to end this saga. The steps the government has put in place to end this saga are to have faith in the justice system. They are the steps that were put in place. We do have respect for the justice system. We do have respect for the fact that there is a court process ongoing. We are extremely concerned that taxpayers’ money continues to be wasted. I would imagine the cost to NAALAS at this stage would be around $450 000. I would imagine that if costs were awarded ...

Dr Toyne: Are you sure it is not pro bono?

Mr BURKE: The member for Stuart should be interested in this because it is his constituents who are affected. He mentions the words pro bono. I ask members to remember that in this House when this court case eventually ends, whether the words pro bono are high on the agenda or if there is an application for costs, because there certainly will be from this side of the House and if costs are awarded against NAALAS, I would imagine they would be bankrupted immediately and that should be of great concern to the constituents whom they are supposed to represent.

I do hold my tongue on this issue because there is a court case ongoing and that is the simple fact of the matter that that is the right and proper thing to do even though the shadow Attorney-General seems to have no respect for that simple fact.

We should never forget the fact that this whole issue started out because of the opposition by the Aboriginal Legal Aid Services and some sections of the legal profession against mandatory sentencing. It is an absolute waste of taxpayers’ money. It is their vendetta that is being waged with the aim at the outset to overturn mandatory sentencing. That has now extended to destroy the reputation of a good man, the Chief Magistrate of the Northern Territory. Has now changed its aim and focus, I believe, to rip apart the judicial system in the Northern Territory. Has now begun to attempt to embrace the Chief Justice of the Northern Territory, and it is extremely disturbing for me that there are elements within the legal profession who seem to have that singular aim as well and that is to impugn the reputation of our Chief Justice.

It is a sad and sorry tale; it is a waste of taxpayers’ money. It is a trivial political exercise. It is an exercise in childishness, it is an exercise that is an absolute waste of taxpayers’ money. Territorians should be on the one hand disgusted by the actions of NAALAS and on the other hand realise that there is a strong judicial structure in the Northern Territory led by our admirable Chief Justice. In due course as this fiasco unfolds through the courts the truth will be known to all.
Last updated: 09 Aug 2016