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Julian Assange extradition ruling labelled a ‘travesty of justice’
Reporters Without Borders condemned the decision,
which it said will prove historic ‘for all the wrong reasons’
First Magistrate appointed to the Drug Court 2001-2005
Judge of the District Court of Western Australia 2005-
Interview with chief judge Wager
The District Court of Western Australia was established on 1 April 1970. While the prevailing judicial system of the Supreme Court, the Local Courts and Courts of Petty Sessions had been adequate, the rapid expansion of Western Australia’s population required the establishment of an intermediate system of courts. Another Court was also needed to relieve pressure and avoid a backlog of cases in the other courts, especially the Supreme Court.
The District Court of Western Australia was therefore established with both criminal and civil jurisdiction, to provide a flexible framework to accommodate the needs of Western Australia in the administration of justice.
In 1971 civil trials were temporarily held in the Public Trust building behind St George’s Cathedral. Criminal trials continued to be heard in the Supreme Court. From April 1982 the District Court was relocated to the Central Law Courts at 30 St George’s Terrace allowing both criminal and civil cases to be heard in the one building.
In 1999, due to continued growth in the Court’s caseload, the District Court took possession of four additional criminal courtrooms created in the May Holman Centre adjacent to the Central Law Courts. The District Court was based in Central Law Courts and the May Holman Centre until June 2008 when it relocated to its current, purpose-built court house at 500 Hay Street, Perth.
Doing Right to All - 50 years of justice at the District Court of Western Australia
District Court of Western Australia
Chief Judge
Her Honour Judge Julie Ann Wager
Chief Judge's Executive Assistant
Telephone: (08) 9425 2360
Manager of Associates and Ushers
Telephone: (08) 9425 2479
Senior Associate
Telephone: (08) 9425 2411
Facsimile: (08) 9425 2164
Email: associate.chief.judge.
New Chief Judge appointed to head WA’s District Court
Attorney General; Minister for Electoral Affairs
Attorney General John Quigley is pleased to announce the appointment of Her Honour Judge Julie Wager as the new Chief Judge of the District Court of Western Australia.
Her Honour - a past president of the Criminal Lawyers Association of WA - replaces Chief Judge Kevin Sleight who retires on May 1. Mr Quigley paid tribute to Chief Judge Sleight's longstanding and exemplary service to the Court.
Mr Quigley said Judge Wager's extensive experience as a judicial officer, coupled with her renowned compassion and empathy, made her an excellent choice for the role.
Judge Wager was a criminal lawyer for 14 years before being appointed as the inaugural Magistrate of the WA Drug Court in 2000. She was appointed to the District Court in 2005 and has been President of the Children's Court since March 2018.
Her Honour becomes the second woman to be appointed Chief Judge of the WA District Court and is one of 12 female District Court judges in the State.
Mr Quigley said Judge Wager is highly respected within Western Australia's legal circles and has a reputation for fairness.
He is also pleased to announce the appointment of District Court Judge, His Honour Hylton Quail, as the new President of the Children's Court of Western Australia.
Comments attributed to Attorney General John Quigley:
"I am delighted to announce the appointment of Judge Wager to the role of WA's Chief Judge of the District Court. Her Honour was a formidable advocate at law and has been an outstanding Magistrate, Judge and President of the Children's Court.
"Judge Wager is a respected member of the WA legal profession and brings to her new role 15 years' experience on the bench, coupled with a wealth of knowledge, empathy and compassion from her years as a criminal lawyer.
"Judge Wager's outstanding legal skills are complemented by her empathy and compassion.
"I would like to extend my appreciation to retiring Chief Judge Kevin Sleight and to acknowledge his significant contribution to the administration of justice in WA since his appointment to the bench in 2005.
"His Honour oversaw the updating of a number of practice directions for the Court and held a number of educative roles, particularly in the area of making proceedings less challenging for child witnesses. I thank His Honour, on behalf of the WA Government.
"Judge Quail brings nearly 30 years of experience to the Children's Court and a demonstrated commitment to the administration of criminal law in Western Australia.
"His Honour has presided over the Children's Court in the past as the Acting President when the President has been on leave and has a good knowledge of the jurisdiction, practices and procedures of the Court. His Honour will take up his new position on March 15, 2020 for a term of two years."
Attorney General's office - 6552 6800
50 years of justice at the District Court of Western Australia
The legal community has recognised the eminent role of the District Court of Western Australia with a celebration of its 50th anniversary.
A gala dinner hosted by the Law Society of Western Australia to mark the milestone had been postponed for a year because of the COVID-19 pandemic.
District Court Chief Judge Julie Wager spoke on behalf of the Court at the February 27 event, also attended by her immediate predecessor, Judge Kevin Sleight.
Since its founding in 1970 with four judges in response to a growing population, the District Court has played a crucial role in the State's justice system.
Now with 32 judges, the court conducts hundreds of trials each year across the breadth of Western Australia.
"It's occupied that middle range section of the criminal world, shall we say, between the Supreme Court and the Magistrates' Court and that has been growing like nothing else," former Chief Judge Kevin Hammond says in a video commemorating the anniversary.
"It's where the majority of work lies – and the District Court has concentrated on that area," he says.
Another former Chief Judge, Antoinette Kennedy, became the State's first woman judge when she joined the District Court in 1985.
"It was seven years before another woman was appointed, and then more women were appointed, and it simply changes the atmosphere," Her Honour says.
It was during her term as Chief Judge that the District Court building was planned and constructed, opening in 2008.
"The struggle to get the building, then to get it called the District Court was a substantial struggle."
Judges interviewed agreed that one constant in the Court's history has been the quality of the personnel.
"The Court is a very collegiate one and I'm very fortunate that so many very wise and experienced judges have been so willing to assist and listen and share their knowledge," Judge Kate Glancy says.
Her Honour Judge Kennedy says: "It wasn't our job to be popular, it was our job to do justice according to law. And I believe the calibre of people we attracted did that."
Julie Ann Wager,
the New Chief Judge of the District Court of Western Australia
at the fairwell celebration of
former District Chief Judge Kevin Fredrick Sleight
Behind the judicial robes of the former District Chief Judge Kevin Fredrick Sleight
beats the heart of a '70s music lover
By Aja Styles May 4, 2020
50 years of justice at the District Court of Western Australia
The legal community has recognised the eminent role of the District Court of Western Australia with a celebration of its 50th anniversary.
A gala dinner hosted by the Law Society of Western Australia to mark the milestone had been postponed for a year because of the COVID-19 pandemic.
District Court Chief Judge Julie Wager spoke on behalf of the Court at the February 27 event, also attended by her immediate predecessor, Judge Kevin Sleight.
Since its founding in 1970 with four judges in response to a growing population, the District Court has played a crucial role in the State's justice system.
Now with 32 judges, the court conducts hundreds of trials each year across the breadth of Western Australia.
"It's occupied that middle range section of the criminal world, shall we say, between the Supreme Court and the Magistrates' Court and that has been growing like nothing else," former Chief Judge Kevin Hammond says in a video commemorating the anniversary.
"It's where the majority of work lies – and the District Court has concentrated on that area," he says.
Another former Chief Judge, Antoinette Kennedy, became the State's first woman judge when she joined the District Court in 1985.
"It was seven years before another woman was appointed, and then more women were appointed, and it simply changes the atmosphere," Her Honour says.
It was during her term as Chief Judge that the District Court building was planned and constructed, opening in 2008.
"The struggle to get the building, then to get it called the District Court was a substantial struggle."
Judges interviewed agreed that one constant in the Court's history has been the quality of the personnel.
"The Court is a very collegiate one and I'm very fortunate that so many very wise and experienced judges have been so willing to assist and listen and share their knowledge," Judge Kate Glancy says.
Her Honour Judge Kennedy says: "It wasn't our job to be popular, it was our job to do justice according to law. And I believe the calibre of people we attracted did that."
Published 15 March 2021
Provided by Department of Justice
The chief judge tasked with converting Western Australia’s District Court to an e-system was fittingly farewelled in the state’s first ever virtual ceremony on Friday as a man, behind the navy robes, with a sense of humour and penchant for ’70s rock music.
Retiring Chief Judge of Courts and Tribunals, Kevin Fredrick Sleight, had announced his retirement to government at the start of the year, before the coronavirus pandemic had taken hold.
Retiring District Court Chief Judge Kevin Sleight gives his farewell speech in WA's first virtual ceremony due to the pandemic on Monday.
But he had still been instrumental in the courts’ response to the virus, including giving priority to criminal proceedings over civil matters as well as the use of telephone or video conferencing to enhance protective measures, and the push back on trial dates, where needed.
“Your honour has been at the forefront of the courts’ response to the COVID-19 pandemic and I know it was a concern of your honour that ... you did not want to be seen to be leaving at a critical time for the court,” Attorney General John Quigley said during the ceremony.
“However it was not to be foreseen that we would be in this situation … Everyone knows the preparations you have made, the assistance you have given the [incoming] chief judge and the liaison that you’ve had with the government, even as recently as of two days ago before the Heads of Jurisdiction meeting for the further rollout of the COVID justice response.”
Judge Sleight had already spent his five years as chief judge overseeing “a tsunami of work” by court staff in implementing e-filing systems and civil e-trials.
The virtual sitting of the District Court to farewell chief Judge Kevin Sleight. SCREENSHOT
But rather than a digital legacy, Judge Sleight’s biggest passion was in acknowledging Indigenous history and culture, which included the implementation of Aboriginal Cultural Awareness Program where judges were invited on country in the Kimberley to discuss the impacts and protections European law had in the communities, and a formal nod in court to the original custodians of the land, the Whadjuk people of the wider Noongar clan.
“These acknowledgements are important to me, they were introduced by me at ceremonial sittings of court when I first became the chief judge (in 2015); they are, of course now, very much common practice,” Judge Sleight said in his virtual farewell.
“The law to which I have dedicated most of my adult life unfortunately has been a rather blunt instrument for creating further social imbalances against Aboriginal people; the obvious example of this is the unacceptable high rates of imprisonment of Aboriginal people.”
Born as the second youngest among eight children, his parents raised him modestly in estate housing accommodation in Belmont and Nollamara, with a view not to buy into popular criticisms of people and there always being two sides to every story.
On having to have a virtual farewell, Judge Sleight reflected: “My late father who despised pretentiousness would see this as potentially a good thing … the disadvantage I face is that I have no idea what they have said about me, I only hope that they were able to find something pleasant to say.”
We then moved to the District Court building where we were positioned across from the charming view of the gentlemen’s toilets, and fortunately seniority and our views have increased over the years.
Chief Judge Julie Wager
His honour’s care for others shone through in the commendations that came from his colleagues, most especially his successor, Chief Judge Julie Wager, who spoke at length about his interest in the mental health of those around him and making himself available “to have a laugh when the opportunity arises”.
Successor and colleague, Judge Julie Wager, speaking during the virtual farewell. SCREENSHOT
“Personally, your honour has been my friend for many years and my chambers’ neighbour since we were both appointed in 2005. Originally our neighbourly chambers were in the Central Law Courts building, we then moved to the District Court building where we were positioned across from the charming view of the gentlemen’s toilets, and fortunately seniority and our views have increased over the years,” she said.
Judge Sleight was also the first male judge to participate in a wellness yoga program for judges.
“Throughout the past 15 years your honour has remained remarkably balanced. Having been in yoga with your honour, I can tell you it does not come from there; that balance comes from your Honour’s wife, Helen,” Judge Wager said.
Judge Sleight met his wife in 1977 in London, to which he admonished himself using a line from Leonard Cohen: “I normally prefer handsome men, but for you I will make an exception.”
They have been married for 40 years, with three children and four grandchildren, “who have provided such joy to me and a foundation to living a normal life outside the court”.
But the theme of music continued when Law Society of WA President Nick van Hattem recalled Judge Sleight’s push for a musical playlist to motivate those taking part in Law Access’s Walk for Justice, which raises money for the pro bono charity.
“Some have wondered which tracks were nominated by your honour; was it Queens’ I Want To Break Free? We suspect many of your honours’ colleagues forlornly singing Chicago’s If You Leave Me Now, but I think your honours’ may well have nominated the Sister Sledge's We Are Family, for while your honour can look forward to more time with your family, your honour will be dearly missed by the profession and the family of the District Court,” Mr van Hattem said.
Not done with playful ribbing, Mr van Hattem also gave voice to Judge Sleight’s law school colleagues, which included Mr Quigley in the first year in 1970, recalling his leadership from a young age.
“You honour led on the field as a footy captain, [he] also led off the field following the occasional victory; we’re told even a modest victory, your honour would lead teammates in song from an elevated position at the Subiaco Hotel.”
As to the law society holding any continuing professional development events, Mr van Hatten said they were supported as long as they did not to clash with any West Coast Eagles games; and now with Judge Sleight's imminent social isolation, regarding the letters frequently written by him to his beloved AFL team’s board, “the chairman is delighted the letters might become more regular”.
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Back-flipped ,Allowing Him And His Father To Quarantine At Home
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A Boat Has Capsized Three Hours Off The Coast Of Perth
In Western Australia Leaving One Person Missing
Judges In The District Court of Western Australia
as at November 2021
https://lawalmanac.justice.wa.
|
Chief Judge |
Date of appointment |
|
Her Honour Judge Julie Anne Wager |
28 January 2005 |
|
Appointed Chief Judge |
02 May 2020 |
|
Judges |
Date of appointment |
|
His Honour Judge Andrew Steven Stavrianou |
10 April 2006 |
|
Her Honour Judge Troy Denise Sweeney SC |
03 July 2006 |
|
His Honour Judge Michael John Bowden |
06 March 2007 |
|
His Honour Judge Christopher Peter Stevenson |
03 December 2007 |
|
His Honour Judge John Gerard Staude |
08 March 2010 |
|
His Honour Judge Timothy Sharp |
02 August 2010 |
|
His Honour Judge David Ronald Parry |
20 June 2011 |
|
His Honour Judge Mark Edward Herron |
01 July 2013 |
|
Her Honour Judge Vicki Laura Stewart |
28 October 2014 |
|
His Honour Judge Laurence Mark Levy SC |
08 December 2014 |
|
Her Honour Judge Linda Petrusa SC |
02 June 2015 |
|
His Honour Judge Michael John Gething |
12 February 2016 |
|
His Honour Judge Alan Laurence Troy |
23 March 2016 |
|
Her Honour Judge Belinda Jane Lonsdale |
09 October 2017 |
|
Her Honour Judge Fiona Vernon |
09 January 2018 |
|
His Honour Judge Hylton Colin Quail |
09 January 2018 |
|
Her Honour Judge Kathleen Helen Glancy |
09 January 2018 |
|
Her Honour Judge Wendy Gillan |
12 February 2018 |
|
His Honour Judge John Brian Prior |
06 March 2018 |
|
Her Honour Judge Amanda Jayne Burrows SC |
15 March 2018 |
|
His Honour Judge Stephen John Lemonis |
01 February 2019 |
|
His Honour Judge David William MacLean |
14 January 2020 |
|
Her Honour Judge Charlotte Jayne Wallace |
14 January 2020 |
|
Her Honour Judge Mara Rita Barone SC |
06 May 2020 |
|
His Honour Judge Martin Michael Flynn |
03 August 2020 |
|
His Honour Judge Gary William Massey |
03 August 2020 |
|
Her Honour Judge Karen Ann Shepherd |
03 August 2020 |
|
His Honour Auxiliary Judge Bruce James Hamilton Goetze |
04 November 2020 |
|
Her Honour Judge Sarah Elizabeth Russell |
01 December 2020 |
|
Her Honour Judge Carmel Barbagallo SC |
01 February 2021 |
|
Her Honour Judge Lisa Rosemary Tovey |
09 June 2021 |
|
Her Honour Judge Natalie Michelle Whitby |
09 June 2021 |
District Court of Western Australia
Chief Judge
Her Honour Judge Julie Ann Wager
Chief Judge's Executive Assistant
Telephone: (08) 9425 2360
Manager of Associates and Ushers
Telephone: (08) 9425 2479
Senior Associate
Telephone: (08) 9425 2411
Facsimile: (08) 9425 2164
Email: associate.chief.judge.
Judges
His Honour Judge Christopher Peter Stevenson
Associate telephone: (08) 9425 2373
Facsimile: (08) 9425 2159
Email: associate.judge.stevenson@
His Honour Judge Andrew Steven Stavrianou
Associate telephone: (08) 9425 2411
Facsimile: (08) 9425 4405
Email: associate.judge.
Her Honour Judge Troy Denise Sweeney SC
Associate telephone: (08) 9425 2406
Facsimile: (08) 9425 4405
Email: associate.judge.
His Honour Judge Michael John Bowden
Associate telephone: (08) 9425 2403
Facsimile: (08) 9425 4405
Email: associate.judge.bowden@
His Honour Judge Christopher Peter Stevenson
Associate telephone: (08) 9425 2373
Facsimile: (08) 9425 2159
Email: associate.judge.
His Honour Judge John Gerard Staude
Associate telephone: (08) 9425 2407
Facsimile: (08) 9425 4405
Email: associate.judge.staude@
His Honour Judge Timothy Sharp
Associate telephone: (08) 9425 2893
Facsimile: (08) 9425 2159
Email: associate.judge.sharp@
His Honour Judge David Ronald Parry
Associate: See State Administrative Tribunal
His Honour Judge Mark Edward Herron
Associate telephone: (08) 9425 4328
Facsimile: (08) 9425 4405
Email: associate.judge.herron@
Her Honour Judge Vicki Laura Stewart
Associate telephone: (08) 9425 4319
Facsimile: (08) 9425 4405
Email: associate.judge.
His Honour Judge Laurence Levy
Associate telephone: (08) 9425 2160
Facsimile: (08) 9425 4405
Email: associate.judge.levy@
Her Honour Judge Linda Petrusa
Associate telephone: (08) 9425 2366
Facsimile: (08) 9425 4405
Email: associate.judge.
His Honour Judge Michael Gething
Associate telephone: (08) 9425 2245
Facsimile: (08) 9425 2159
Email: associate.judge.
His Honour Judge Alan Laurence Troy
Associate telephone: (08) 9425 2173
Facsimile: (08) 9425 2159
Email: associate.judge.troy@
Her Honour Judge Belinda Jane Lonsdale
Associate telephone: (08) 9425 2405
Facsimile: (08) 9425 2164
Email: associate.judge.
Her Honour Judge Fiona Vernon
Associate telephone: (08) 9426 4377
Facsimile: (08) 9425 4405
Email: associate.judge.Vernon@
His Honour Judge Hylton Colin Quail
See Children's Court
Her Honour Judge Kathleen Helen Glancy
Associate: See State Administrative Tribunal
Her Honour Judge Wendy Florence Gillan
Associate telephone: (08) 9426 2158
Facsimile: (08) 9425 2159
Email: associate.judge.gillan@
His Honour Judge John Brian Prior
Associate telephone: (08) 9426 2397
Facsimile: (08) 9425 2164
Email: associate.judge.prior@
Her Honour Judge Amanda Jane Burrows
Associate telephone: (08) 9426 4326
Facsimile: (08) 9425 2159
Email: associate.judge.
His Honour Judge Stephen John Lemonis
Associate telephone: (08) 9426 2277
Facsimile: (08) 9425 2159
Email: associate.judge.
His Honour Judge David William MacLean
Associate telephone: (08) 9425 4370
Facsimile: (08) 9425 2159
Email: associate.judge.
Her Honour Judge Charlotte Jayne Wallace
Associate telephone: (08) 9425 4380
Facsimile: (08) 9425 2159
Email: associate.judge.
Her Honour Judge Mara Rita Barone SC
Associate telephone: (08) 9425 2411
Facsimile: (08) 9425 4405
Email: associate.judge.barone@
His Honour Judge Martin Michael Flynn
Associate telephone: (08) 9425 7982
Facsimile: (08) 9425 4405
Email: associate.judge.flynn@
His Honour Judge Gary William Massey
Associate telephone: (08) 9425 7912
Facsimile: (08) 9425 4405
Email: associate.judge.massey@
Her Honour Judge Karen Ann Shepherd
Associate telephone: (08) 9425 7980
Facsimile: (08) 9425 2159
Email: associate.judge.
Her Honour Judge Sarah Russell
Associate telephone: (08) 9425 2408
Facsimile: (08) 9425 2159
Email: associate.judge.
Her Honour Judge Carmel Barbagallo SC
Associate telephone: (08) 9425 2174
Facsimile: (08) 9425 2164
Email: associate.judge.
His Honour Auxiliary Judge Bruce James Hamilton Goetze
Associate telephone: (08) 9425 2292
Facsimile: (08) 9425 2159
Email: associate.judge.goetze@
Location of the District Court Registrars
Level 1, District Court Building
500 Hay Street
PERTH WA 6000
Telephone: (08) 9425 2793
Facsimile: (08) 9425 2268
Secretary
Telephone: (08) 9425 2793
Facsimile: (08) 9425 2268
Principal Registrar
Shane Melville BA LLB
Registrars
George Augustus Kingsley LLM
Jacqui Kubacz
Deputy Registrars
Simon Peter Harman LLB
Richard Hewitt BCom BJuris LLB
Associates
Telephone: (08) 9425 2350 or (08) 9425 2315
Facsimile: (08) 9425 2268
District Court Registry
Ground Floor, District Court Building
500 Hay Street
PERTH WA 6000
Telephone: (08) 9425 2128
Facsimile: (08) 9425 2268
Executive Manager
Telephone: (08) 9425 2414
Manager Court Services
Telephone: (08) 9425 2151
Manager Criminal
Telephone: (08) 9425 2170
Manager Civil
Telephone: (08) 9425 2875
Enquiries
Telephone: (08) 9425 2128
Civil Enquiries Telephone: (08) 9425 2178
Criminal Enquiries - Non trial matters for Perth Telephone: (08) 9425 2150
Criminal Enquiries - Trial matters for Perth Telephone: (08) 9425 2230
Criminal Enquiries - Circuit matters Telephone: (08) 9425 2539
Office Hours of District Court
Monday to Friday 9.00 am to 4.00 pm
Deputy Registrars and Locations
Albany - Nichola Rennie
Broome - Shirley Wignall
Bunbury - Richard Stevenson
Busselton - Andrew Cousins
Carnarvon - Kim Ormesher
Derby - Peta Smallshaw
Esperance - Louisa Woods
Geraldton - Steve Ford
Kalgoorlie - Lisa Delaney
Karratha - Vicki Lubrig
Kununurra - Owen Starling
South Hedland - Veronica Fuller
https://www.districtcourt.wa.
Her Honour Judge Julie Ann Wager
Appointed a District Court Judge 28 January 2005
Appointed the District Court Chief Judge 2nd May 2010
Chief Judge's Executive Assistant
Telephone: (08) 9425 2360
Past District Court Judges
Retired 01 July 2010
Retired 01 May 2020
Retired 27 April 2018
|
Name of Judge |
Date of Appointment |
|
|
His Honour Sydney Howard Good |
01 April 1970 |
Retired 1977 |
|
His Honour William Page Pidgeon |
01 April 1970 |
Appointed Supreme Court 16 August 1982 |
|
His Honour Desmond Charles Heenan |
March 1970 |
Appointed Supreme Court 30 January 1995 |
|
His Honour Robert Edmond Jones |
01 April 1970 |
Appointed Supreme Court 01 October 1973 |
|
His Honour Arthur Kay |
08 March 1972 |
Retired May 1978 |
|
His Honour Frank Ackland |
01 October 1973 |
Retired 31 May 1986 |
|
His Honour Victor James Alexander O'Connor |
18 February 1974 |
Retired 22 December 1987 |
|
His Honour Ivan Russell Gunning |
11 February 1977 |
Retired 31 December 1998 |
|
His Honour Brian Thomas O'Dea |
28 May 1978 |
Retired 22 February 1996 |
|
His Honour Francis Joseph Whelan |
16 November 1981 |
Retired 29 July 1993 |
|
His Honour Kevin James Hammond |
15 February 1982 |
Chief Judge 30 January 1995 |
|
His Honour George Travers Sadleir |
30 August 1982 |
Retired 30 April 1999 |
|
His Honour John Samuel |
14 February 1983 |
Deceased 28 March 1986 |
|
His Honour Nigel Henry Clarke |
02 April 1984 |
Retired 31 March 1998 |
|
Her Honour Antoinette Kennedy AO |
15 March 1985 |
Chief Judge 01 January 2004 |
|
His Honour Paul James Healy |
18 March 1985 |
Deceased 22 August 2008 |
|
His Honour Henry Hall Jackson |
21 April 1986 |
Appointed President Children's Court October 1989 to 1993 |
|
His Honour Robert Denis Keall |
28 May 1986 |
Retired 31 May 1994 |
|
His Honour Kerry White |
05 June 1987 |
Appointed Supreme Court 17 May 1988 |
|
His Honour Robert John Viol |
11 January 1988 |
Retired 05 March 2004 |
|
His Honour John Gerard Barlow |
08 February 1988 |
Appointed Family Court 09 February 1998 |
|
His Honour Peter John Williams |
17 May 1988 |
Retired 16 February 2007 |
|
His Honour David Dennison Charters |
11 July 1988 |
Chairman Worker's Compensation Board |
|
His Honour Peter Donald Blaxell |
11 February 1991 |
Appointed Supreme Court 01 February 2005 |
|
His Honour Lawrence Alton Jackson |
13 July 1992 |
Retired 06 February 2004 |
|
His Honour Michael Gerald Muller |
28 July 1993 |
President Children's Court 1994 |
|
Her Honour Mary Ann Yeats AM |
28 July 1993 |
President Children's Court 1995 |
|
His Honour Michael Denis Finbar O'Sullivan QC |
01 June 1994 |
Retired 09 April 2009 |
|
Her Honour Valerie Jean French |
16 November 1994 |
Retired 23 February 2009 |
|
His Honour Roger Anthony Macknay QC |
16 November 1994 |
President Children's Court 1999 - 2001 |
|
His Honour Allan David Fenbury |
30 January 1995 |
President Children's Court 1996-1998 |
|
His Honour Henry John Wisbey |
18 March 1996 |
Retired 31 May 2013 |
|
Her Honour Shauna Marie Deane QC |
13 February 1998 |
Retired 14 February 2014 |
|
His Honour Peter Maurice Nisbet QC |
08 June 1998 |
Retired 20 June 2008 |
|
His Honour William George Groves |
11 January 1999 |
Retired 11 January 2011 |
|
Her Honour Catherine Joan O'Brien |
03 May 1999 |
Appointed President Children's Court |
|
His Honour Peter Dominic Martino |
9 November 2000 |
Chief Judge 01 July 2010 |
|
Her Honour Carolyn Frances Jenkins |
03 September 2001 |
Appointed Supreme Court 03 February 2004 |
|
His Honour Denis John Reynolds |
09 February 2004 |
Appointed President Children's Court 15 March 2004 |
|
His Honour Philip Richard Eaton |
09 February 2004 |
Retired 11 February 2018 |
|
Her Honour Jane Crisford SC |
09 February 2004 |
Appointed Family Court 24 October 2006 |
|
His Honour Robert Anthony Mazza |
9 February 2004 |
Appointed Supreme Court 08 March 2010 |
|
His Honour John Anthony Chaney SC |
23 April 2004 |
Appointed Supreme Court & President of SAT 23 February 2009 |
|
Her Honour Judith Elsa Eckert |
01 January 2005 |
Retired 03 May 2011 |
|
His Honour Kevin Frederick Sleight |
10 January 2005 |
Appointed Chief Judge 2015 |
|
His Honour Philip Pierre McCann |
28 January 2005 |
Retired 31 December 2018 |
|
His Honour Judge Bruce James Hamilton Goetze |
17 July 2006 |
Retired 29 October 2020 |
|
His Honour Richard Ellis Keen |
05 February 2007 |
Retired 23 March 2016 |
|
Her Honour Anette Margret Schoombee |
26 November 2007 |
Retired 31 December 2017 |
|
His Honour Stephen George Scott |
01 July 2008 |
Retired 31 December 2019 |
|
Her Honour Judge Felicity Clare Earls Davis |
16 February 2009 |
Retired 18 September 2020 |
|
His Honour Patrick Brian O'Neal |
20 April 2009 |
Retired 31 January 2020 |
|
His Honour Judge Simon Elliot Stone |
04 May 2009 |
Retired 27 November 2020 |
|
Her Honour Janine Pritchard |
18 June 2009 |
Appointed Supreme Court 15 June 2010 |
|
His Honour Anthony Samuel Derrick SC |
01 June 2010 |
Appointed Supreme Court 06 March 2018 |
|
His Honour Judge Ronald Edward Birmingham QC |
23 June 2010 |
Retired 05 March 2021 |
|
Her Honour Judge Audrey Gillian Braddock SC |
11 January 2011 |
Retired 11 January 2021 |
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His Honour Jeremy Clive Curthoys |
08 August 2011 |
Appointed Supreme Court & President of SAT 10 February 2014 |
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His Honour Robert Enos Cock QC |
26 March 2012 |
Retired 25 March 2018 |
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His Honour Judge Simon Dieter Freitag SC |
15 December 2020 |
Resigned 05 March 2021 |
The Law Lord
A Must See Film About How Courts Are Run Behind The Scenes
To:
“Associate to Chief Judge Julie Wager” <associate.judge.wager@
“Associate to Registrar Kingsley” <Associate.Registrar.Kingsley@
“Associate to Judge Michael Bowden” <associate.judge.bowden@
“Associate to Judge Carmel Barbagallo” <associate.judge.barbagallo@
The triumph of truth / by Stephen Carew-Reid
| Bib ID | 1388995 | ||
|---|---|---|---|
| Format |  Book |
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| Author |
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| Edition | 2nd ed. | ||
| Description | Perth : The Weekend News, 1996 v. <1> : ill., ports., facsims. ; 30 cm. |
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| Notes |
Typescript (Photocopy) |
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| Subjects | Carew-Reid, Stephen. | Political corruption -- Western Australia. | Misconduct in office -- Western Australia. | Corporations -- Corrupt practices -- Western Australia. | Police corruption -- Western Australia. | Western Australia -- Moral conditions. | Australian | ||
| Also Titled |
Triumph of truth : who's watching the watchers? Triumph of the truth |
- CHIEF JUDGE KEVIN HAMMOND - was admitted as a barrister and solicitor of the Supreme Court of Western Australia in 1960. He was appointed a judge of the District Court of Western Australia in 1982 and in 1995 was appointed Chief Judge. Educated at Christian Brothers College and the University of Western Australia, graduating in law in 1957.
- https://www.mediastatements.
wa.gov.au/Pages/Gallop/2003/ 12/High-powered-team-for-new- corruption-watchdog.aspx#:~: text=CHIEF%20JUDGE%20KEVIN% 20HAMMOND%20-%20was% 20admitted%20as,of%20Western% 20Australia%2C%20graduating% 20in%20law%20in%201957. -
High-powered team for new corruption watchdog
Tuesday, 23 December 200323/12/03
Two of Western Australia’s most eminent and experienced criminal law experts will guide the establishment of the State’s powerful new corruption watchdog.
Attorney General Jim McGinty today announced the appointments of:
Chief Judge Kevin Hammond as Commissioner of the new Corruption and Crime Commission (CCC). Chief Judge Hammond - who has resigned his judicial commission effective from January 1, 2004 - will lead the fight against corruption, armed with all the powers of a Royal Commissioner.
Criminal lawyer Malcolm McCusker QC as independent Parliamentary Inspector of the CCC. His role is to watch over the activities of the CCC and report to Parliament. He will have unlimited access to all CCC information, including operational matters.
Both appointments are for a period of five years.
Mr McGinty said the CCC would be the toughest anti-corruption agency in the nation - with substantial new powers to investigate alleged corruption by police and public officers, as well as organised crime.
“It was absolutely essential that the people entrusted to lead the fight against corruption through the establishment of the CCC were of the highest possible calibre,” he said.
“This has been achieved.
“Chief Judge Hammond and Mr McCusker between them have more than 80 years’ experience in criminal law. They are a formidably high-powered team who will perform their functions with absolute diligence and integrity.”
The appointments have strong support across the political spectrum with the parliamentary leaders of all of the State’s political parties consulted.
In addition to its new powers to compel witnesses to give evidence, conduct integrity tests and controlled operations and use assumed identities to root out corruption, Mr McGinty said the CCC would have an unprecedented level of accountability.
“Most importantly, it will have the power to hold public hearings - ending the secrecy of the Anti-Corruption Commission (ACC) which it will replace,” he said.
“The veil of secrecy which has shrouded the work of the ACC prevented the public from knowing anything about its activities. There was no ability to even reassure the public that allegations of corruption were being investigated.
“By comparison, the CCC will be open and accountable.
“As well as conducting public hearings similar to those seen at the Police Royal Commission, the Commissioner will be able to confirm investigations publicly, disclose information and comment on outcomes where it is felt to be in the public interest.
“He will also be able to reveal when a matter has been referred on to other authorities for prosecution or disciplinary action.
“Importantly, all the CCC’s activities will be overseen by the independent inspector, who will report to Parliament.”
Mr McGinty said a budget of $21million had been approved for the CCC, more than double that of the old Anti-Corruption Commission.
The work of the CCC would also be assisted by hefty penalties for anyone seeking to hinder its operations - such as giving false testimony, bribery of witnesses, destroying evidence or victimisation of people assisting the commission.
The CCC would formally commence on January 1. There would be a brief overlap with the ACC, the framework of which would be maintained for an interim period to enable the handover of any investigations, the resolution of staff redeployment, and to complete a smooth transition of Commonwealth telephone intercept powers.
CHIEF JUDGE KEVIN HAMMOND - was admitted as a barrister and solicitor of the Supreme Court of Western Australia in 1960. He was appointed a judge of the District Court of Western Australia in 1982 and in 1995 was appointed Chief Judge. Educated at Christian Brothers College and the University of Western Australia, graduating in law in 1957.
MALCOLM JAMES McCUSKER QC - commenced practising law in 1962 and has extensive experience in both civil and criminal matters. In recognition of his role as a barrister, he was appointed Queen’s Counsel in 1982. He headed the special investigation into the Rothwells Bank collapse in 1989 and has been chairman of the Legal Aid Commission of WA since 1983. Educated at Perth Modern School and the University of Western Australia.
Attorney General's office: 9220 5000
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Trailblazer Antoinette Kennedy retires in WA
By Damien Carrick on Law Report
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Meet Antoinette Kennedy, the retiring chief judge of the WA District Court. She has strong views on Western Australia's tough law and order approach to crime; deep concerns about mandatory sentencing, anti-hoon laws and new stop-and-search powers. Her critics maintain she's too soft on offenders. But she reckons the politicians need to lift their game and start thinking big picture.
Duration: 28min 58secBroadcast: Tue 20 Apr 2010, 8:30amGuests
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Antoinette Kennedy
Retiring Chief Judge of the WA District Court
Transcript
Damien Carrick: Antoinette Kennedy recently stepped down as the chief judge of the WA District Court. She was the state's longest serving judge, and she's also a trailblazer: Antoinette Kennedy was WA's first female judge.
As you're about to hear, she has some strong views about how state governments in WA address crime and sentencing issues.
Antoinette Kennedy: It's becoming an increasing problem. The community has become more frightened of disorder than of tyranny, and the history of the law, and the history of Australia, shows us that in reality there's no reason to be more frightened of disorder than tyranny, and when you frighten people so that they are more frightened of disorder than of tyranny, they're likely to give up the rights that have been fought for since the 13th century, and they're likely to let politicians do whatever they please. And the politicians simply don't realise what they're doing; they're not malicious, they simply do not understand how far they are diverging from the British justice system, and I think the 19th century social commentator Walter Bagehot is reputed to have said something to the effect that the British are famous for inventing wonderful institutions which they themselves don't understand. And we've inherited those institutions and our politicians don't seem to understand them any better than the general community, and they've shown a complete lack of leadership.
Damien Carrick: In what way are they showing a lack of leadership?
Antoinette Kennedy: Well if the media, or any interest group, kicks up a stink, they never try to explain anything, they simply agree, and we now have for example in Western Australia mandatory sentencing legislation where there is a six-month sentence for assault occasioning bodily harm on a police officer. Now you've got to understand that the complaint about that is not simply that it's a six-month mandatory sentence, but that assault occasioning bodily harm means any bodily injury of such a nature as to interfere with health or comfort. And so the example that we've had in Western Australia is if a rose seller hits a policeman on the hand with a rose and a thorn goes into their hand, that is assault occasioning bodily harm. Now under the present legislation you could get six months, or you must get six months jail for that. So it's not only that it's mandatory, it's that it covers very trivial things, and of course the problem with that is that even the Commissioner of Police knows that that's a problem because he's now announced that not everyone will be charged.
Our Commissioner of Police is a very decent, intelligent man, but he's just a man, and we're supposed to have the rule of law, and the law is not supposed to depend upon you encountering a nice policeman, and so it should not be up to him to decide 'I will use this law this time; I won't use it on some other occasion'.
Damien Carrick: Look, I've got to put it to you, I mean these mandatory sentencing laws, I think they were brought in as of September last year, and it's a mandatory six-month jail sentence if you hit a policeman causing bodily harm. I mean these laws came in, as I understand it, as a response to an increase in the number of assaults against people like police and ambos, and the AG has referred to instances of people not going to prison when these sorts of people sustained injuries, such as broken noses or chipped teeth.
Antoinette Kennedy: You would need the particular case, and you would need to know about the particular case. It's very rare for someone to do a serious assault to a police officer in Western Australia and not go to prison. And you just can't look at an individual case without digging down into the actual details to find out why that is the case, and even if that were the case, then they should have made it for something a bit more serious than assault occasioning bodily harm, so that we now have a situation where even the Commissioner of Police knows he's got more power than he wanted, and is saying, 'I'll only use it in certain circumstances, so trust me, I'm a policeman, I'll only use it in certain circumstances', that's simply not acceptable, as decent as our Commissioner of Police is.
Damien Carrick: Who do you fear will be affected by these laws?
Antoinette Kennedy: We all know who'll be affected: Aboriginals and young people. Unless the Commissioner of Police goes on doing what he's doing and not use it.
Damien Carrick: Because so far there have been no convictions.
Antoinette Kennedy: There's been no convictions because they have not taken any action because they know that if the community realise how trivial it can be to get six months jail and cost the community $50,000 to keep someone in jail for six months, there will be an outcry about it. So they are waiting for the perfect case, and so they've being charged with assault, they're not being charged with assault occasioning bodily harm. And in fact in the early stages, a couple of people were charged with assault occasioning bodily harm and it turned out one of them was a person who'd escaped from a mental home, and they were the sort of things that people were going to end up with egg on their face, so they quickly dropped those charges to simple assault from assault occasioning bodily harm.
Damien Carrick: You are also very worried about new stop and search laws in WA that are currently being considered. Now under these laws which have been proposed, what new powers would be given to police?
Antoinette Kennedy: Well it means that they can stop and search anyone they like, anytime they like, without any suspicion or without the person having done anything suspicious. So that if your next-door neighbour's a policeman, if he doesn't like you, as you're going out your front gate he can stop and search you. Now they would say to me, 'Oh that's ridiculous, we wouldn't do that'. Well 'we' shouldn't have the power to do it. And that's all there is to it. Again the Commissioner of Police is saying, 'Look, we'll only use it in certain circumstances', and again, it is in that case since he's such a decent human being, why don't we just say the Commissioner of Police can do whatever he like because we know he's such a nice man, he won't do anything unreasonable.
Damien Carrick: You also have very strong views on WA's anti-hoon laws, which recently entangled an affluent Perth doctor, a Dr Patrick Nugawela. Tell me what are those anti-hoon laws and what happened to Dr Nugawela?
Antoinette Kennedy: I have to say that I haven't taken, until Dr Nugawela's case, I hadn't taken a lot of interest in the hoon laws because they're not dealt with by the District Court, they're dealt with by the Magistrate's Court, and I don't object to the police having the power to seize motor vehicles in certain circumstances. But again, it turned out that it was far too wide. Poor old Dr Nugawela, obviously is a very hard-working doctor and he bought himself a Lamborghini and he put it in to the mechanic for the mechanic to fix it up and according the police, the mechanic was clocked doing some incredible speed which took him well within...
Damien Carrick: 160 ks per hour I think.
Antoinette Kennedy: That's right, within the hoon laws, which entitle them to seize the car. Now the doctor said, 'Well I've done nothing wrong, I didn't know he was going to do that and I certainly didn't give him permission to do that.' The relevant Minister dealt with that very poorly, in my view, because what he tried to do was to play the politics of envy, to more or less say, well look, who cares what happens to somebody who can afford a Lamborghini. Well it turned out a lot of West Australians did, because even though we can't afford a Lamborghini, this was simply not fair. And again, it was a situation which a politician I think learned a lesson, and the lesson was that it is not in every case that people are more frightened of disorder than they are of tyranny, and that was a small example of tyranny against that doctor, and the police had no way of giving him his car back, and if the mechanic hadn't paid the $900 fee, the doctor would have had to pay the $900 fee to get his car back, and the car was impounded I think for 28 days.
Antoinette Kennedy: So you're saying this is an example of laws which are simply draconian and they leave no room for applying a commonsense justice fair outcome?
Antoinette Kennedy: That's right, and no room for looking at individual circumstances. And there always are, I should say, individual circumstances where you need to be able to look at those circumstances and say, 'Is this fair in this case?' It may be fair in 98% of cases, but what about the other 2%? And we are in the business of making sure that all our citizens have justice, and we don't operate on the basis of, 'Bad luck, you got caught, even though you're innocent.'
Damien Carrick: When it comes to law and order issues more generally, and sentencing more generally, do you think that locking people up, does that deter crime? Is it a successful strategy?
Antoinette Kennedy: It is a deterrent. But it's not everything, and that is the difficulty that judges have, that the community put all their eggs in one basket and they think that the prime problem can be solved by heavier and heavier sentences, and they are asking too much of the criminal justice system as an instrument controlling human behaviour. The criminal justice system has a role, but it's not every role, and the story is told of two men downriver, and a body comes down the river and they pull the body out, and then more bodies keep coming down the river and they keep pulling them out, and finally, one of them says to the other, 'You stay here and do what you can and I'll go upstream and see what's happening.' Now as far as judges are concerned we are downstream pulling the bodies out of the river; what in God's name are the rest of you doing upstream?' And the fact is, you're doing nothing, and you're to put all the blame and all the responsibility on to us and it's stupid, quite frankly, stupid.
Damien Carrick: So you're saying that there need to be alternative strategies, strategies up-river, to stem crime. What strategies might they be?
Antoinette Kennedy: The first thing I'd like to say is that I don't think it's a judge's job to start talking about what the other strategies are. What you are really doing is deflecting attention from yourself and what you should be doing. But I'll give you some suggestions. The first thing is I frequently have young lawyers say to me, 'It was inevitable that my client would end up in the criminal justice system.' And when you look at the life and the childhood of that person, you know that that's right, it was inevitable that they would end up in the criminal justice system. If we know it's inevitable, why aren't we doing more about it? In Australia, we simply do not spend enough money on early childhood intervention. You can see people coming, and yet we are doing nothing about that, or very little about it at all. Now to think that you do nothing about that, or very little about it and then that somehow some judge can put that right and stop crime, is well, as I've already said, it's stupid.
Damien Carrick: So why do you think governments have tougher and tougher laws and don't just...
Antoinette Kennedy: Because it's cheap, or it used to be cheaper, now of course the cost of keeping someone in prison is $100,000 a year and people seem to think that that means that they are living in luxury conditions. The Inspector of Custodial Services in Western Australia has got some brilliant photographs of prisons that would show anyone that it is not a holiday camp, it is not luxury. That money, most of it, goes in guarding people.
Damien Carrick: I'm speaking to Antoinette Kennedy, the recently-retired Chief Judge of the WA District Court. Antoinette Kennedy, so far we've been talking about law and order culture and you've been offering your views, your analysis and your criticism of politicians. But presumably there must also be a place to scrutinise and analyse the decisions of judges. Do you believe that the media gives you and other judges a fair go?
Antoinette Kennedy: Not overall. We had a very bad time in Western Australia for a period of time, which is now passed, with our major daily newspaper, and they were only interested in criticising judges and they weren't interested in making sure that the community understood what the situation was. And I understand the problems that the media have, the media obviously, they've got to do things that people are interested in, and it's very immediate, but no-one has ever asked what the community is doing about the crime problem, and there is this constant attempt to put all your eggs in one basket and to think that somehow, judges have the answer to the crime problem and we're flatly refusing to use it. Now I live in this community, I have family and property in this community, of course I care what happens to the community. Of course I care about the victims of crime, it's positively insulting and hurtful to suggest that I am a person who doesn't care about crime, and the victims of crime, and that if I'm not a paedophile myself, I'm a person who supports, encourages and promotes paedophilia, and it's arrant nonsense.
Damien Carrick: Well look let's talk about—as much as you're comfortable—about some of the controversial decisions. I mean like many judges, some of your sentences have attracted huge criticism from the media, and even sometimes from the politicians, and I think it was back in 2006 there was a lot of media coverage of your decision to release a child sex offender back into the community on a two-year suspended sentence. This was the case of Kevin James Lilly. Can you tell me about that case and about your decision-making in that case?
Antoinette Kennedy: Yes, certainly. The first thing I'd say about any case is that what you have to realise is that each side has a right of appeal, and no-one can stop them from that. Within 21 days, they can lodge an appeal and the whole matter can be looked at again by the Court of Appeal. The prosecution and the defence can each lodge an appeal and it will be looked at again by three people. So they make that decision and that, as an aside, is a reason why judges don't defend themselves, and that's the other thing that really irritates judges, and that's why it's so unusual for me to speak out now, because of course judges don't defend themselves, and the media know that, and particularly in Western Australia for a period of time The West Australian used it, that we are soft targets and by that I mean we don't answer criticism, at all, and so the community may well think that we're agreeing with the criticism, or that there is no answer. But that's not so, we simply don't answer because it interferes with people's rights of appeal, and the appeal has to be on the basis of what the judge has said in open court.
Damien Carrick: Well Kevin James Lilly, who was he and why did you reach a decision to give him a two-year suspended sentence?
Antoinette Kennedy: Because he was a person who hadn't been in any trouble before. He was a middle-aged man who'd had a number of life problems and had become an alcoholic, and he had a very nice wife and family, and he did not go out looking for anyone, he sat in his back shed every day and got drunk. And the little girls from down the street used to come to his back shed, and he was very, very drunk, and he used to entertain them, apparently, I mean as horrible as it is, to entertain them, display himself, and mainly there was very minor, very minor, touching. If there had been proper touching, he would have gone to jail, but it was minor touching and he was displaying himself and the little girls, one of them on one occasion said to him, 'You're very naughty', and he said in his drunken state, 'If you don't like it, this is my house, go home.' So he'd regressed, according to the psychologist, so he was like a six-year-old himself.
And so the little girls came to his home, and they came back on a number of occasions. Now no-one's suggesting that this is not serious. That's a given. This is a very serious matter. By the time it came to sentence this man, who'd never been in any trouble before, as far as I can remember, you see I don't keep these things in my head, and so he must have had either a very clean record, or must not have been in trouble for many years, and my recollection is that he'd worked very hard and then given up work for some reason. By the time he came before me, he was stone cold sober and in counselling. Now the idea that we would pay $100,000 to put that man in jail, where at that stage there were no programs. When he was out, he was sober, he had his wife and family's support, and he was in a program ; it simply seemed to me to be inappropriate use of community funds. And I stress, that so far as him touching those children is concerned, it was very, very minor.
Damien Carrick: At the time one of the newspapers, I think it was The Sunday Times in WA said, 'Isn't it time we stopped using alcohol as an excuse? In the case of Kevin James Lilly it's one of the worst excuses imaginable, but it was enough for District Court Judge Antoinette Kennedy.' And the journalist described this as 'the ridiculous justification', and a restraining order preventing Lilly from going within 100 metres of his victims as 'almost farcical'. And I think the Opposition leader at the time, or an Opposition politician at the time, labelled the sentence, 'woefully inadequate', and 'it highlights the enormous gulf between the soft sentences handed out by the court and the punishments demanded by the community for these types of offences.'
Well what do you make of those comments?
Antoinette Kennedy: Well I just think it's ridiculous. The community generally are not talking about offences where there is no touching, and they're not talking about offences where the offender is in his own back garden. He does not go out looking for anyone, he's just sitting there, drunk, that's all he's doing. He's sitting there drunk and the little girls come around so he displays himself to them. Now I gave him a suspended term of imprisonment. I didn't say to him, 'You're a wonderful human being, here's a gold medal,' I gave him a two-year suspended term. That meant that if he didn't do the program that I ordered him to do, he would serve the two years jail. It meant that if he got into any more trouble, he would not only be sentenced for what he did, but he would serve the two years. Now the community's interest was in having him rehabilitated, and not set backward as a term of imprisonment would, and as I say, there were very few programs in the prison. That's improved a bit now, but there were very few programs in the prison at that time.
Now I think it's unrealistic in those circumstances, for the community to pay over $100,000 to warehouse that man for at least 12 months without probably any program in those circumstances. Now some people may disagree, and I know people say, 'We don't care what it costs', well that's OK. If you don't care what it costs, we'll shut down the primary school in your area, and we'll use that money for the jails. Because it's silly to say you don't care what it costs, of course you care what it costs, if it costs you schools and hospital beds, you do care.
Damien Carrick: Standing in the shoes of, say, the family of the victims, or the survivors, I mean they might say, 'Well the touching may well be classed as somehow minor, but that might not mean that the effect on the young people, the children, was minor, and we need as a community to respond to those sorts of crimes, and that's what they are, with a very, very firm hand.'
Antoinette Kennedy: Oh, in Western Australia paedophiles go to jail for very, very long periods of time. No-one should be under any illusion about that. But most of it is not reported, and it's not reported for the simple reason most of it is in the family, and therefore the media can't name and shame the offender.
Damien Carrick: Because they would identify the survivor or the victim?
Antoinette Kennedy: That's right. And so the community is unaware of the real paedophilia problem in the community, which is one of the greatest failings of the media of all time. I'm not asking them to publish every one of those, because I know that would be very boring if they said, 'Today a stepfather, today a father, today whatever, was sentenced to 6, 10, 12 years jail.' But it would be nice if they pointed out that 95% of paedophiles are heterosexual, adult males, who are not priests or schoolteachers. But there is another point I want to make to you about something you said, and about the demands of victims.
The demands of victims are very important, but there is a view abroad that sentencing is simply between the victim and the offender. Now if that were so, all we would need to do is to identify the offender and then say to the victim, 'You can do whatever you like to the offender. As a judge, the offender has done nothing to me, so I'm not particularly angry with him, but he certainly is the offender and you can do whatever you like to him.' And that would be what we would do if sentencing were simply between the victim and the offender. But sentencing is not simply between the victim and the offender, sentencing is between the victim, the offender and the whole community. Now in the end, we must do what is in the interests of the whole community.
Now it's understandable, and if I were a victim, I may want somebody smeared with jam and tied to an ant-heap. I may want them killed, but that is not in the interests of the whole community and I'm not decrying what victims want and how emotional they are and how it's affected their lives, but the reality is the world goes on, and the community goes on and sentencing has to take into account not just the rights of the victim, but the rights of the whole community and the fact that life goes on and you must do what is in the interests of the whole community, and it is rarely in the interests of the whole community that the offender be destroyed, and there are many victims who would want the offender destroyed, and as I say, I understand it, but it just cannot be.
Damien Carrick: The sometimes intense controversy that surrounded some of your sentences, and those of your fellow-judges, prompted the Chief Justice of WA, Wayne Martin, I think it was in December 2006, to give a very direct, a very in-your-face speech where he attacked the media as giving 'a demonstrably false impression that judges are lenient when it comes to sentencing'. But he also gave some statistics around the rate of imprisonment in WA What are the rates of imprisonment in WA?
Antoinette Kennedy: Western Australia has the highest rate of imprisonment of any state in the country. The highest rate of imprisonment. But nothing pleases some people who want to make law and order the issue, and so it cannot possibly be the case that we're not locking up enough people. Per 100,000 of population, we are locking up more people than any other state in the country.
Damien Carrick: Now changing focus, there are now many women at the top of the profession, but that certainly wasn't the case when you started out. I think in your final year of law school you were interviewed, and in an article you said, 'Oh no, there's no discrimination; women are as good as men', but that that really wasn't the case when you said that.
Antoinette Kennedy: It was rubbish. I've been reminded of that on a number of occasions. It was absolute rubbish, but you see I had completed my law degree, and no-one had been rude to me, so I thought in my naiveté, well that must mean there's no discrimination. I mean there were no Supreme Court or District Court judges, no magistrates, no registrars, no masters, no prosecutors, no partners in big firms who were women, and there was a tendency to either pat women on the head or regard them as eccentrics. There have been huge improvements, obviously. But there were huge difficulties.
Damien Carrick: What was your experience like in your early years of practice?
Antoinette Kennedy: No-one's rude to you. You see if they're rude to you, it would be a lot easier to deal with. They're not rude to you, they just don't take any notice of anything you say. And I can remember when I first realised this, I'd been out for about three or four years, and I was appearing before a magistrate, and I said something which to me was perfectly sensible, and my opposition, who was a male, said something that I thought was really stupid, and the magistrate hung on every word he said, and I'm thinking to myself, 'Listen sport, he was a dork at law school, he's still a dork. Why are you listening to him and not me? Why am I being patted on the head?' and it was slowly that I realised that the law has a very male way of thinking, and if you don't think in that way, then you must be wrong, not different, wrong, and that is the problem that women still have, although it's lessening as time goes on. And of course I was the first woman judge in Western Australia and that was not necessarily the most popular thing to be.
Damien Carrick: What was the reaction from other judges and from members of the profession?
Antoinette Kennedy: Well on my own court they weren't too bad actually. When I say—I don't like to go into the details, it's all such a long time ago—the only thing I like to say is really, the judges on my own court were not my major problem, and it came as a bit of a surprise to discover that I was not a male clone, I think, and they really expected that I would just behave like a male in drag. Now unfortunately, women don't behave like men in drag, women are different. It's not that we're better, and as I said I think recently, Chairman Mao said women hold up half the sky. We're not better, but we do have different approach and you need the balance of both men and women. You don't want just men or just women, you need the balance of both.
Damien Carrick: You're stepping down with a sense of accomplishment and a sense of having contributed, but what about— are there things that you wish you could have achieved? What still remains to be done?
Antoinette Kennedy: It's this attitude to sentencing. You know, I do live in this community, I have people that I love in this community, I do want this community to be more crime-free, and I do know that we're going in the wrong direction, and that I thought might improve over the 25 years, but it hasn't improved over the 25 years. And this is not just a matter of my ego, you know, 'judges don't like to be criticised'. This is a matter of really caring about what happens in my community, and really seeing that we're doing the wrong thing, and this is not the answer to the crime problem, just locking people up for longer and longer periods of time. It's got nothing to do with being sympathetic to offenders, or not sympathetic to victims. My concern is for the whole community and that's the thing where we really appear to have gone backward.
Damien Carrick: Chief Judge Antoinette Kennedy, a great pleasure talking to you. It's been a fascinating conversation.
Antoinette Kennedy: Thank you very much.
Damien Carrick: That's the Law Report for this week. Thanks to producer Erica Vowles.
Credits
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PresenterDamien Carrick
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ProducerErica Vowles
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The District Court of Western Australia was established on 1 April 1970. While the prevailing judicial system of the Supreme Court, the Local Courts and Courts of Petty Sessions had been adequate, the rapid expansion of Western Australia’s population required the establishment of an intermediate system of courts. Another Court was also needed to relieve pressure and avoid a backlog of cases in the other courts, especially the Supreme Court.
The District Court of Western Australia was therefore established with both criminal and civil jurisdiction, to provide a flexible framework to accommodate the needs of Western Australia in the administration of justice.
In 1971 civil trials were temporarily held in the Public Trust building behind St George’s Cathedral. Criminal trials continued to be heard in the Supreme Court. From April 1982 the District Court was relocated to the Central Law Courts at 30 St George’s Terrace allowing both criminal and civil cases to be heard in the one building.
In 1999, due to continued growth in the Court’s caseload, the District Court took possession of four additional criminal courtrooms created in the May Holman Centre adjacent to the Central Law Courts. The District Court was based in Central Law Courts and the May Holman Centre until June 2008 when it relocated to its current, purpose-built court house at 500 Hay Street, Perth.
Doing Right to All - 50 years of justice at the District Court of Western Australia
New Chief Judge appointed to head WA’s District Court
Attorney General; Minister for Electoral Affairs
- Her Honour Judge Julie Wager appointed new Chief Judge of WA District Court
- Judge Wager will replace Chief Judge Kevin Sleight who retires on May 1
- District Court Judge Hylton Quail appointed new President of the Children's Court of Western Australia, replacing Judge Wager
Attorney General John Quigley is pleased to announce the appointment of Her Honour Judge Julie Wager as the new Chief Judge of the District Court of Western Australia.
Her Honour - a past president of the Criminal Lawyers Association of WA - replaces Chief Judge Kevin Sleight who retires on May 1. Mr Quigley paid tribute to Chief Judge Sleight's longstanding and exemplary service to the Court.
Mr Quigley said Judge Wager's extensive experience as a judicial officer, coupled with her renowned compassion and empathy, made her an excellent choice for the role.
Judge Wager was a criminal lawyer for 14 years before being appointed as the inaugural Magistrate of the WA Drug Court in 2000. She was appointed to the District Court in 2005 and has been President of the Children's Court since March 2018.
Her Honour becomes the second woman to be appointed Chief Judge of the WA District Court and is one of 12 female District Court judges in the State.
Mr Quigley said Judge Wager is highly respected within Western Australia's legal circles and has a reputation for fairness.
He is also pleased to announce the appointment of District Court Judge, His Honour Hylton Quail, as the new President of the Children's Court of Western Australia.
Comments attributed to Attorney General John Quigley:
"I am delighted to announce the appointment of Judge Wager to the role of WA's Chief Judge of the District Court. Her Honour was a formidable advocate at law and has been an outstanding Magistrate, Judge and President of the Children's Court.
"Judge Wager is a respected member of the WA legal profession and brings to her new role 15 years' experience on the bench, coupled with a wealth of knowledge, empathy and compassion from her years as a criminal lawyer.
"Judge Wager's outstanding legal skills are complemented by her empathy and compassion.
"I would like to extend my appreciation to retiring Chief Judge Kevin Sleight and to acknowledge his significant contribution to the administration of justice in WA since his appointment to the bench in 2005.
"His Honour oversaw the updating of a number of practice directions for the Court and held a number of educative roles, particularly in the area of making proceedings less challenging for child witnesses. I thank His Honour, on behalf of the WA Government.
"Judge Quail brings nearly 30 years of experience to the Children's Court and a demonstrated commitment to the administration of criminal law in Western Australia.
"His Honour has presided over the Children's Court in the past as the Acting President when the President has been on leave and has a good knowledge of the jurisdiction, practices and procedures of the Court. His Honour will take up his new position on March 15, 2020 for a term of two years."
Attorney General's office - 6552 6800
50 years of justice at the District Court of Western Australia
The legal community has recognised the eminent role of the District Court of Western Australia with a celebration of its 50th anniversary.
A gala dinner hosted by the Law Society of Western Australia to mark the milestone had been postponed for a year because of the COVID-19 pandemic.
District Court Chief Judge Julie Wager spoke on behalf of the Court at the February 27 event, also attended by her immediate predecessor, Judge Kevin Sleight.
Since its founding in 1970 with four judges in response to a growing population, the District Court has played a crucial role in the State's justice system.
Now with 32 judges, the court conducts hundreds of trials each year across the breadth of Western Australia.
"It's occupied that middle range section of the criminal world, shall we say, between the Supreme Court and the Magistrates' Court and that has been growing like nothing else," former Chief Judge Kevin Hammond says in a video commemorating the anniversary.
"It's where the majority of work lies – and the District Court has concentrated on that area," he says.
Another former Chief Judge, Antoinette Kennedy, became the State's first woman judge when she joined the District Court in 1985.
"It was seven years before another woman was appointed, and then more women were appointed, and it simply changes the atmosphere," Her Honour says.
It was during her term as Chief Judge that the District Court building was planned and constructed, opening in 2008.
"The struggle to get the building, then to get it called the District Court was a substantial struggle."
Judges interviewed agreed that one constant in the Court's history has been the quality of the personnel.
"The Court is a very collegiate one and I'm very fortunate that so many very wise and experienced judges have been so willing to assist and listen and share their knowledge," Judge Kate Glancy says.
Her Honour Judge Kennedy says: "It wasn't our job to be popular, it was our job to do justice according to law. And I believe the calibre of people we attracted did that."
Perth's Freemason Legal Elite, Christopher Stevenson who was the third senior partner at Freemason controlled legal firm Mallesons Stephen Jaques is appointed judge of District Court of Western Australia
https://www.businessnews.com.au/article/Christopher-Stevenson-appointed-judge-of-District-Court?amp
Perth's Freemason Legal Elite, Christopher Stevenson who was the third senior partner at Freemason controlled legal firm Mallesons Stephen Jaques is appointed judge of District Court of Western Australia
https://www.businessnews.com.au/article/Christopher-Stevenson-appointed-judge-of-District-Court?amp
