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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-09-27 Daily Xml
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MULLIGHAN, MR E.P.

The Hon. G.E. GAGO (Minister for Regional Development, Minister for Public Sector Management, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister for Gambling) (14:22): With the leave of the council, I move:

That the council expresses its deep regret at the recent death of the Hon. Edward Mullighan QC, former South Australian Supreme Court judge, and places on record its appreciation of his distinguished and meritorious public service, and that, as a mark of respect to his memory, the sitting of the council be suspended until the ringing of the bells.

It is with great sadness that I rise to speak about the life of Edward Picton Mullighan (Ted Mullighan) QC, who died on 16 September, aged 72, after a long battle with cancer. With the loss of Ted Mullighan, we have lost far more than one of the state's most highly distinguished jurists; we have lost a man who brought to the law a passionately humane sense of advocacy.

Ted Mullighan gave profound resonance and meaning to what it is to be an advocate, that is, to listen sympathetically and respectfully to voices that had struggled to be heard and then, using the full scope of his legal skills, increase public awareness of the issue and then push for change—and he did so with such a universal humanity that his departure will be mourned by people from every possible walk of life in this state.

This was brought home to me when I had the privilege of representing the Premier on 17 June last year at the opening of the Memorial for Forgotten Australians in Peace Park, North Adelaide. The official opening of this beautiful sculpture by Craig Andrae of four stainless steel yellow daisies was in its own way an outcome of Ted Mullighan's extraordinary work on the Inquiry into Children in State Care. Although his deteriorating health at the time did not permit him to be there, no-one that day forgot for one moment that he was there in spirit.

At that event, I was told numerous times by survivors of the deep affection with which they held Ted Mullighan. It was his gentle manner that had coaxed, often for the first time, open expression of the pain that individuals had been through and that, as a result of his extraordinary empathy, opened the way forward to the healing of many victims of this grim aspect of our state's history. To say he was much loved for this work is no exaggeration. I came away from that event very moved, not only by the stories that people told me personally, but also by the fact that Ted Mullighan's compassion shone so brightly.

He was appointed a QC in 1978 and served on no less than six royal commissions. Appointed as a judge of the Supreme Court in 1989, he became Justice Mullighan and soon brought a unique sense of change to legal circles in South Australia. From 1995 onwards he chaired the cultural awareness committee of the court. This committee managed seminars and community justice workshops through which cultural awareness within the judiciary was promoted. As a result of these endeavours, and many others, Justice Mullighan received the prestigious national 2003 Human Rights Award.

He proactively promoted cultural innovation in the sentencing of Aboriginal defendants, and in 1997 he instigated a law and justice conference which was hosted by the traditional communities of the APY lands, bringing together Aboriginal law men and a group of judges and magistrates. He also advocated for Aboriginal court interpreters and also promoted community justice.

Following the 1997 meeting, the Supreme Court in 2002 sat on the APY lands, the State Coroner conducted inquests into the death of three petrol sniffers on the APY lands, and the Federal Court heard APY native title cases there. Justice Mullighan was active in nominating Aboriginal justices of the peace and examined traditional Aboriginal ways of dealing with offending behaviours. He championed Aboriginal reconciliation amongst his peers and within the general South Australian community.

After a distinguished career, Justice Mullighan retired from the Supreme Court bench in 2004, but he did not rest. Almost immediately, he accepted a commission to conduct the children in state care inquiry. He examined more than 40 years' worth of alleged sexual abuse committed against wards of the state, and in April 2008 he tabled before parliament a 600-page report. Ted Mullighan also undertook a similarly harrowing task requiring great sensitivity in the inquiry into treatment of children on the APY lands that arose out of the children in state care inquiry.

It was these daunting and difficult challenges that he is most well known for but they were, indeed, just the cap to a very long and very distinguished and brilliant career. Ted Mullighan brought to both of those inquiries a truly magnificent set of qualities as a jurist and human being, and they were combined in wonderful balance.

Another of his qualities was that he had a pretty wicked sense of humour and he was a keen participant, I understand, in a number of practical jokes played on his colleagues and friends; and I think they were reciprocated as well. Ted was also one of our cricket tragics. He dearly loved attending the cricket at Adelaide Oval and, earlier in his life, I am told, was a cricketer of some skill.

There is no greater tribute to the man than the extraordinary range of people who turned up to his state funeral last week. Yes, there were many eminent public figures there, including large numbers of his colleagues from the legal fraternity, but also present were those formerly disenfranchised who had been given a voice, often for the very first time, by Ted Mullighan's actions. All were there to pay tribute to a man who had led a remarkable life and had left behind a world far better as a result of his being here.

Ted Mullighan is survived by his wife, Jan, and his five sons, James, Paul, Charles, David and Stephen. On behalf of us all, I am sure, I extend our condolences to his family members and close friends.

The Hon. D.W. RIDGWAY (Leader of the Opposition) (14:29): I rise to second the motion and to offer some comments about the life of the Hon. Edward Mullighan QC. He began practising law in 1962—to put that into context, only two years after I was born—and he became a judge of the Supreme Court in 1989. He was president of the Law Society for two years and he assisted in six royal commissions, including acting for the victims of the 1983 Ash Wednesday in their claims for compensation.

The Hon. Ted Mullighan led the establishment of advocacy training programs and was instrumental in inspiring instructors and hundreds of young advocates to enhance and develop their skills. He championed Aboriginal reconciliation among his peers and the general community and, as the minister said, in 2003 he won the Human Rights and Equal Opportunity Commission's Law Award.

He retired in 2004 and immediately took the commissioner's post for the Inquiry into Children in State Care which, for most relatively new members of parliament like myself, is where we have gained the most knowledge of Ted Mullighan's work. When he took up that particular post, he managed to gain the trust of victims of severe child abuse and was respected for his sensitivity and discretion in leading the inquiry. He was described as a sympathetic listener. His inquiry culminated in a 600-page report tabled in 2008 which prompted the state government to change many laws in relation to child protection.

Very sadly, he died on 16 September, aged 72—the same age that my own father died and way too young for anybody to depart. He leaves his wife, Jan, and five sons; and I offer our condolences to his family.

The Hon. S.G. WADE (14:31): I rise today to support this condolence motion and to express condolences to the family and friends at the passing of the Supreme Court judge and commissioner, Hon. Ted Mullighan QC. As the leaders have mentioned, Justice Mullighan passed away on 16 September at the age of 72. Ted Mullighan was widely respected as a man of deep humanity, great patience and outstanding dedication. As a result, he has left behind an impressive legacy.

A range of people have spoken warmly of the impacts of Justice Mullighan. His former Supreme Court associate, Justice Margaret Nyland, said Mr Mullighan will be remembered as 'a good friend, a proud man, a distinguished humanitarian who was a compassionate and committed advocate for those whose voices struggled to be heard'. His friend, Lindy Powell QC, said he will be remembered for 'his careful, thoughtful judgements and his uncompromising search for the right and just result'. His son James said he will be remembered for 'his compassion and rigorous intellectual gifts which made him a monumental figure to forgotten Australians'.

Ted Mullighan started his legal career at the South Australian bar in 1962, and took silk in 1978. He is widely recognised as a generous and wise mentor within the legal profession. He served as president of the Law Society of South Australia from 1978 to 1980 and was appointed a judge of the Supreme Court in 1989.

Justice Mullighan actively promoted cultural awareness amongst the judiciary and magistracy in South Australia and was an early supporter of innovation in the sentencing of Aboriginal defendants. He was a champion of Indigenous rights, and in 2003 he won the Human Rights and Equal Opportunity Commission's Law Award for his work with Aboriginal people.

Mr Mullighan's service to the Australian community did not end upon his retirement. In 2004 he accepted the role of Commissioner of the Inquiry into Children in State Care. In 2007 he was also made Commissioner of the Children on APY Lands Inquiry. His commitment to the protection of young children in South Australia proved to be one of his most satisfying roles. He is quoted as having said:

I feel a deep sense of privilege and responsibility at having been entrusted with the disclosures of people's most painful memories. The courage and strength they showed is something that must never be forgotten.

In 2008, Justice Mullighan was awarded the Law Council President's Medal for his outstanding service to the community and the law. On presentation of the award the Law Council President, Mr Ross Ray QC, said:

[Ted Mullighan] carried out his duties in an extremely conscientious and thoughtful manner and gained the confidence of a section of the population who had never before been able to speak about their experiences. Mr Mullighan is clearly a man of compassion and commitment, as well as being an excellent role model for all lawyers.

The love and respect of victims for Justice Mullighan was clearly demonstrated by the congregation that gathered in St Peter's Cathedral last Friday for the state funeral. St Peter's Cathedral was overflowing with people wanting to pay their final respects, from politicians to legal professionals, to public servants, to Aboriginal people, to victims for whom Mr Mullighan had advocated.

It was a powerful tribute to a man who had made a considerable contribution to the administration of justice in South Australia. It was not just that Justice Mullighan had collected and processed a mountain of evidence in two of the most sensitive inquires in this state's history; it was not just that he had to grapple with complex issues of evidence and law, but most of all in my view Ted Mullighan's greatest gift was to draw forth trust from people who had every right never to trust again. For many this gift was the key to their recovery. When so many of us act in ways that undermine the public's trust in the state and the administration of justice, Justice Mullighan did this state a great service by providing people damaged by the system a positive contact with the state.

The South Australian community is greatly indebted to a man who was selfless in his dedicated service to it. We repay that debt by taking seriously the reports he prepared and recommitting ourselves to promote the administration of justice for all in this state. I take this opportunity to join other members of this council in offering our sincere condolences to his wife, Jan, and his family.

The Hon. M. PARNELL (14:36): On behalf of the Greens I add our support to the motion of condolence to the family of Ted Mullighan. As other members have said, Ted was a champion: a champion of human rights and a prominent figure for justice in the South Australian legal fraternity. Whilst I did not know Ted very well, I did meet him on a number of occasions in connection with his inquiry into the victims of abuse in state custody. As a state we owe Ted a huge debt of gratitude for the task he took on in relation to that inquiry. Whether you talk to members of his staff or to the victims who came forward to give evidence, they are unanimous in their assessment that he dealt with their cases with compassion, with understanding, with sensitivity and, most importantly, with patience.

On our behalf, Ted undertook what many of us would have found to be distasteful and, in many ways, unspeakable. He listened to horrid cases of abuse. He listened, as I have said, with compassion and sensitivity, and then he analysed it and told us what we needed to do to make sure it would not happen again. His task in that inquiry was dreadful, but it was absolutely necessary and for that we should thank him. On behalf of the Greens I extend our sympathies to Jan, his five sons, his other family members and his very many friends and admirers.

Motion carried by members standing in their places in silence.


[Sitting suspended from 14:38 to 14:55]


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