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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-09-23 Daily Xml
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DISTRICT COURT APPOINTMENTS

Ms FOX (Bright) (14:55): Can the Attorney-General inform the house about the recent appointment of three new District Court judges?

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs, Minister for Veterans' Affairs) (14:55): The house would now be aware that, on 4 June last year, the Premier and I announced a $48.1 million package over four years to speed up the state's court system in the interests of delivering swifter justice. Indeed, included in the package was the decision to reopen the Sturt Street justice precinct as dedicated criminal courts, and the member for Bragg, on behalf of the Liberal Party, has now panned that. Also built into the package was a move to more than double DPP staff numbers.

Ms Chapman: You had to fix it up.

The Hon. M.J. ATKINSON: Well, yes. The member for Bragg is right: we had to fix it up because, as one Liberal frontbencher told me when I first became Attorney-General, 'Mate, we were running the Office of the DPP on the smell of an oily rag.' That is how the Liberal Party ran the Office of the DPP. We have devoted additional resources to forensic science and appointed extra judges.

On 21 August 2008, His Honour Judge Brebner was appointed to the District Court as the first appointment to be made as part of the $48 million package. On 6 August this year, the Governor in Executive Council appointed three more District Court judges: Judge Paul Cuthbertson, Judge Mark Griffin and Judge Rosemary Davey. Two of these judicial appointments are brand new positions which, like Judge Brebner's position, was created through the Rann government strategy to tackle the criminal case backlog. The third appointment is to replace Judge Andrea Simpson who retired as a District Court judge.

The appointments introduce fresh faces to the District Court ranks of South Australia's justice system. His Honour Judge Paul Cuthbertson fills one of the two new positions. Judge Cuthbertson, the first of three new appointments to be sworn in, took his oath on 18 August. His Honour has had an extensive and distinguished career within the legal fraternity and was the founding member of Edmund Barton Chambers—chambers from which so many of our judges come, Justice Kourakis being among the greatest.

The Hon. A. Koutsantonis: There's something in the water in those chambers.

The Hon. M.J. ATKINSON: Quite. Judge Cuthbertson was one of the few barristers to have practised extensively in both civil and criminal jurisdictions, and a large part of his practice's work was in legal aid. Indeed, so many of my appointments have a background in legal aid. Judge Cuthbertson has also prosecuted on behalf of state and commonwealth DPPs regularly.

Throughout 1994, Judge Cuthbertson was retained by the Australian Securities Commission in Perth to assist in the charges against Alan Bond and other directors of Bell Resources in the matter of the Bell Resources cash strip. He also conducted the appeals in the bodies in the barrel murder case. Judge Cuthbertson is a fine addition to South Australia's team of judicial officers.

His Honour Judge Mark Griffin joined Judge Cuthbertson, filling the other newly created position, when he was sworn in on 20 August 2009. Judge Griffin has not only performed admirably as a solicitor and barrister in Australia, but also has extensive international experience. From 1993 to 1995, Judge Griffin worked in the United States, including in Boston, Massachusetts, as a trial attorney with the Committee for Public Counsel Services, commonly referred to as the Public Defender's Office.

Judge Griffin's principal field of practice has been criminal law, appearing as defence counsel; however, he has occasionally prosecuted for both commonwealth and state DPPs.

The Hon. M.D. Rann: Who's this?

The Hon. M.J. ATKINSON: This would be Judge Mark Griffin. He also worked in administrative law and has regularly worked on briefs in civil litigation. He is a Port Adelaide supporter, so let no-one say that I discriminate against those people in appointments to the bench. Judge Griffin's vast experience both in Australia and overseas will be sure to serve him well in the District Court.

Her Honour Judge Rosemary Davey is the replacement for Judge Andrea Simpson, who retired as a District Court judge. Judge Davey, who was sworn in on 27 August, has had an eminent career as a prosecutor since being admitted to the Supreme Court of South Australia in 1982.

The Hon. M.D. Rann: Did you have a party to celebrate his induction?

The Hon. M.J. ATKINSON: We did, yes, Premier. There were parties for all of them; we had little soirees in the District Court judges, rooms after the appointments. Judge Davey has also served as a senior solicitor for the Corporate Affairs Commission and acted as a member of the National Crime Authority. Her Honour was appointed to administer the NCA as well as preside over hearings before the authority.

Judge Davey joins other highly qualified women judges in our continued feminisation of the bench. This government has made inroads into the male domination of the judiciary. Since the election of the Rann Labor government we have appointed judges Shaw, McIntyre and now Davey to the District Court, along with Judge Kelly, who has since been promoted to being a justice of the Supreme Court, where she joins justices Vanstone and Layton as Rann government Supreme Court appointments.

We have also appointed Ann Bampton as a master of the District Court; Sue Cole as a judge of the Environment, Resources and Development Court—

An honourable member interjecting:

The Hon. M.J. ATKINSON: Ann Bampton; some of us mix in legal circles and know these things. Christine Trenorden has been appointed as the senior judge of the Environment, Resources and Development Court, and there is Judge Leonie Farrell, who has been assigned to the Industrial Relations Court. In addition, just under half the Rann government's appointments to the magistracy have been women, including the appointment of Chief Magistrate Liz Bolton as head of the jurisdiction—despite attempts by some people to stop that.

Ms Chapman interjecting:

The Hon. M.J. ATKINSON: It is remarkable that the member for Bragg should interject about that, in respect of people trying to stop Liz Bolton being appointed. Being a judge demands commitment, great intelligence, and a solid work ethic—

Mrs Redmond interjecting:

The Hon. M.J. ATKINSON: —and South Australia is fortunate to have secured the talent of each of these new judges. The understanding that each of our new appointees has of the law is thorough—

The Hon. M.D. Rann: Are you saying that 25 years' experience as a JP doesn't qualify?

The Hon. M.J. ATKINSON: —and each possesses years of experience which can only be of value to our justice system. Regarding the Premier's interjection, we have reversed the Liberal government's decision to remove justices of the peace from the bench, and are in the process of restoring more and more special justices to bring the expertise of laymen back to the court—despite the disparagement of this policy by certain members of the opposition, including the leader. I look forward to seeing the product of their honest work and the speeding up of the court waiting lists.

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