From the Archives, 1986: Applause as High Court judge cleared
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First published in The Age on April 29, 1986
Trial was political: Murphy
Applause as High Court judge cleared
SYDNEY. – High Court judge Mr Justice Lionel Murphy yesterday branded his prosecution a political trial and said he was glad his two-year ordeal was over.
Justice Lionel Murphy with his family outside court after his acquittal at his second trialCredit: Robert Pearce
Cheers and applause filled the New South Wales Supreme Court as a jury of six women and six men found him not guilty of a charge of attempting to pervert the course of justice.
Last night Mr Justice Murphy was relaxing after his victory and said he would not comment or be interviewed at this stage.
Earlier, the NSW Premier, Mr Wran, declared that he lacked confidence in Mr Clarrie Briese, the NSW chief magistrate and chief witness in the case against Mr Justice Murphy.
Mr Wran said Mr Briese was among a group whose “position would have to be examined” as a result of the verdict. He said if unpalatable decisions needed to be taken “then I, for one, will not shrink from taking unpalatable decisions”.
Mr Wran said: “He hasn’t enjoyed my full confidence for some time, but all the less because of this verdict. ”
The Prime Minister, Mr Hawke, said last night: “I welcome the decision of the jury clearing Mr Justice Murphy.”
The Minister for Minerals and Energy, Senator Evans, who was Attorney-General through two Senate investigations into the allegations against Mr Justice Murphy, said he hoped the Opposition was no longer contemplating pursuing the matter further.
“The allegations against Mr Justice Murphy have now been dealt with comprehensively, fairly and finally by the criminal courts and I think it would be quite outrageously oppressive if he were to be further hounded in Parliament,” Senator Evans said.
The Federal Opposition issued a brief statement saying: “The Opposition has no comment to make on the jury’s verdict. At this stage it makes no comment on Mr Justice Murphy’s position.”
Just before sending the jury out yesterday morning, Mr Justice Hunt told the jurors that they represented the community as its sense of conscience, and said they must be fair, unbiased and unprejudiced in their verdict.
Lionel Murphy with his two sonsCredit: Robert Pearce
Mr Justice Murphy sat with his wife Ingrid, and sons Cameron, 13, and Blake, II, for some minutes after the verdict, before coming out to speak to the huge crowd of press, radio and television reporters and crews outside the court.
“I am glad that it’s over,” he said, surrounded by his family and solicitors. “It has been a terrible ordeal, for my family and my friends.
“I would like to thank them and my counsel and solicitors, not only the counsel in these proceedings but in the earlier ones, for all they did.”
He said his lawyers had gone far beyond their professional duty, and said their comfort and support had been wonderful.
Mr Justice Murphy said: “It has been a political trial, and I hope there aren’t going to be more political trials like this.”
He said the prosecution had been a political attack, and witnesses he had called at his first trial, including judges, had been subjected to political attack.
“I was determined that this wouldn’t occur on this occasion,” he said, referring to his much shorter defence, when he made a brief unsworn statement to the jury, compared with almost four days in the witness box at his first trial.
“I am glad my decision was correct.
“We have a wonderful institution in this country, and that is the jury system, and we ought to fight to preserve and extend that system. Thank heavens for the jury system, it is the protector of everyone in this country, from people who hold high office to every member of the community, and I thank them (the jurors) for their attention.”
Mr Justice Murphy said he thought the first jury would have acquitted him if it had been instructed differently on the law.
His immediate plans were to take his two sons to see ‘Crocodile Dundee’ – if he could get tickets. He sidestepped questions about his plans and how soon he hoped to return to the High Court bench.
Mr Justice Murphy has been on leave for almost 18 months. He took leave just before he was charged by the Commonwealth director of public prosecutions, Mr Ian Temby, QC.
Mr Justice Murphy has resisted all calls for his resignation, and is known to be anxious to return to work. The court, struggling without one of its seven judges, has been under a heavy workload.
Justice Lionel MurphyCredit: Robert Pearce
There has been some speculation that the court might feel that the trial has so damaged the judicial system that it would be difficult for Mr Justice Murphy to resume his place. The High Court registrar, Mr Frank Jones, said yesterday there would be no comment from the Chief Justice, Sir Harry Gibbs, on yesterday’s verdict.
But another High Court official commented: “If Lionel Murphy wants to go back to the bench there’s nothing they can do to stop him.”
Political observers believe that the battle is far from over, however, and that the Opposition in the Senate will resume its attempts to get rid of Mr Justice Murphy.
The prosecution decision followed the report of the second Senate select committee into Mr Justice Murphy’s behavior in 1984, prompted by publication of the New South Wales police tapes.
In April last year Mr Arthur Riedel, SM, found that he had a case to answer and committed him to stand trial, and he was convicted of one charge of attempting to pervert the course of justice last July, and acquitted of a second.
A retrial was ordered by the NSW Court of Appeal last November, when it found that errors in the first trial may have misled the jury.
Throughout Mr Justice Murphy has retained his faith in the jury system, and asserted his belief that a jury would acquit him.
Yesterday, after two trials and other legal proceedings, in which the total legal costs are estimated to be at least $700,000, he was vindicated.
At the centre of the Crown case, prosecuted throughout by Mr Ian Callinan, QC, were three telephone conversations between Mr Justice Murphy and Mr. Briese, culminating in the now famous “Now what about my little mate?” remark.
The Crown argued that this was part of a subtle and cunning attempt to influence Mr Briese to lean on another magistrate to give a favorable decision to solicitor Morgan Ryan, who had been charged with forgery and conspiracy, and who was described as an old and close friend of 30 years’ standing of the High Court judge.
Mr Ian Barker, QC, who appeared for Mr Justice Murphy at his second trial, described the idea of a High Court judge trying to influence a magistrate as ridiculous and urged the jury to acquit him and end his ordeal.
In his final charge to the jury, Mr Justice Hunt told the jurors that they must be satisfied beyond reasonable doubt that Mr Justice Murphy said the words, and intended them as an attempt to influence Mr Briese, before they could convict him.
The jury came back to the court only minutes after the lunch break, and the judge’s associate asked the forewoman whether they had agreed on their verdict.
“We have,” she replied.
“Is the accused Lionel Keith Murphy guilty or not guilty of attempting to pervert the course of justice?” the associate asked.
“Not guilty,” the forewoman answered, and immediately people in the packed courtroom broke into cheers and calls of “Good on you, Lionel,” as Mr Justice Hunt formally ordered that he be discharged.
The trial lasted only 10 days, less than half the length of the first trial, and the jury’s verdict came far quicker. Last July the jury took a day-and-a-half to reach its verdict, which was immediately greeted with widespread criticism from politicians and lawyers, and caused four jurors to go public to defend their decision.
Last September Mr Justice Cantor sentenced him to 18 months’ jail, with a non-parole period of 10 months, but the sentence was stayed pending appeal, and has died with the quashing of the conviction.
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