Politics and the bench

Queensland CJ Paul de Jersey seemed to issue well-timed job application speeches that captured the essence of the Newman government's lawn order agenda ... Now he's to be the next governor of Bananaland ... Bruce Barbour fails to win a new stint as NSW's public watchdog ... Barry O'Farrell says 14 years is long enough ... Political sleuth Alex Mitchell reports  

Chief Justice and Premier: side by side

By accepting the position of Queensland Governor, Chief Justice Paul de Jersey AC has given a veneer of respectability to the man who selected him for the viceroy's office, Premier Campbell Newman.

According to opinion polls, Newman and his Liberal National Party government are on the nose with voters after two years in office.

Last month the LNP lost the Brisbane seat of Redcliffe in a by-election. The latest Galaxy poll shows that Newman would lose his Ashgrove seat, and the premiership. 

De Jersey is a product of Churchie, the Church of England Grammar School, has been chancellor of the Anglican Diocese of Brisbane since 1991 and a member of the Chapter of St John's Cathedral since 1989.

His legal career has been prodigious. Called to the Bar in 1971, he took silk in 1981 and was appointed to the Queensland Supremes in 1985 at the age of 36.

When he was appointed Chief Justice in 1998 he was 49, the youngest in the state's history.

He will be sworn in as the 26^th Governor in July at the age of 65.

Since the LNP came to power in 2012, de Jersey has blotted his copybook with many of the Queensland's lawyers by going public with lawn order prescriptions that neatly fit the ruling junta's agenda. 

The Murdoch-owned Brisbane Courier-Mail and The Australian have swung behind de Jersey's views and welcomed his proposals. Suddenly, it seems, the Murdoch media’s trenchant opposition to "judicial activism" has evaporated. 

In March last year at a Queensland Law Society symposium de Jersey questioned why juries should continue to be kept "in the dark" about an accused's prior convictions. He said:

"I trust the intelligence and wisdom of my fellow citizens. I do not accept a claim that made aware of prior misconduct, jurors would automatically say: 'he did that so he must have done this'."

He released the speech in advance to the Courier-Mail and gave a television interview about it. 

In May last year he spoke at another legal conference, and said that if an accused person failed, at an early stage, to disclose relevant information - in other words, invoked their right to silence - then a trial judge ought to be able to make an adverse comment to the jury about that fact. 

Again his speech was sent in advance to the Courier-Mail. 

Late last year when Newman unveiled his anti-bikie laws, de Jersey issued a reminder to his judicial colleagues that parliament runs the state and they should not abuse their positions by voicing personal beliefs.

As the public warfare between Newman's government and the judiciary intensified, de Jersey stepped back from the controversy saying:

"The public commentary bears a highly political flavour and thereby the courts should remain detached from that."

By that time, however, the chief justice knew that his elevation to the governor’s 19^th century residence in Paddington was in the bag and he was anxious to adjust his "non-political" mantle.

The politicisation of the heads of jurisdiction extended to the chief magistrate, Tim Carmody, who issued a "helpful aid" to his 88 busy magistrates across the state telling them it would be best not to give any bail to bikies.

The Courier-Mail said the "directive" was strongly supported by attorney general Jarrod Bliejie and "is seen as a vote of confidence in the actions of the Newman government and the Queensland police in trying to shut down outlaw bikie gangs". 

In a speech to an audience which included the CJ and the AG the Chief Madge declared:

"The separation of powers doctrine is a two-way street.

In return for the unfettered independence to make decisions - regardless of whether others think they are right or wrong - judges must not meddle in the administration of enacted laws by the executive and departments of state."

His speech received a rousing reception and Carmody is now thought to be a strong contender for a step-up the greasy pole - Chief Judge of the District Court.

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Ombudsman Barbour: time's up

In 2000, Premier Bob Carr appointed Bruce Barbour as NSW Ombudsman for a seven-year term.

In 2007 Premier Morris Iemma was so impressed by Barbour's handling of the position that he extended his term for another six years.

Now Premier Barry O'Farrell has given Barbour an extension to June next year, but refused to consider a full-term reappointment until 2020.

Barbour told a parliamentary inquiry in February that he would have accepted a full term if it had been offered.

And why wouldn’t he? His current annual salary is $466,951.

It is almost $100,000 more than the salary paid to Prime Minister Tony Abbott, who has his job for three years before having to face the voters again.

Showing remarkable confidence in his abilities and qualifications for staying on, Barbour told the all-party committee that any newcomer to the role would have difficulties.

"I think the challenge for any new appointee would be to come into the office, with its current breadth of responsibilities, and to hit the ground running." 

O'Farrell has continued Barbour's contract until after next year's State Election when the search will commence for a replacement.

But this arrangement wasn't good enough for the shadow attorney general, Paul Lynch, MP for Liverpool and son-in-law of the late Jack Ferguson.

He said that Barbour had been "fearless in his role", adding:

"He has undoubtedly improved the quality of government in this state. Forcing him out can only lead to suspicions of government motives. Presumably he's been too efficient at exposing government wrongdoing."

When it came to exposing government scandal, the maestro was George Masterman QC, the first NSW Ombudsman from 1981 to 1987, who made life miserable for Premiers Neville Wran and Barry Unsworth, the NSW police and various ministers.

His successor David Landa, Ombudsman from 1988-1995, carried on the tradition, becoming a major irritant to the Greiner and Fahey governments.

After Landa's departure, Premier Bob Carr appointed Irene Moss, wife of the managing director and CEO of Macquarie Bank, Allan Moss AO.

When she departed, Carr chose Barbour whose previous career included a place on the Casino Control Authority, keeping an eye on Star City Casino at Darling Harbour and maintaining its probity to world-class standards.

He had also served as a member of the Commonwealth Administrative Appeals Tribunal and the Australian Broadcasting Tribunal (now defunct).

His record 14 years in the Ombudsman's role has involved selfless toil, but also some benefits.

In August 2007 when his first seven-year term was renewed, Barbour paid $1,975,000 for a four-bedroom residence on a 4,462 square metre garden estate in the Southern Highlands.

In 2011 it was listed for sale for $2.6 million and Barbour recently accepted a paltry $2.2 million.

In his latest annual report, Barbour said his office conducts an equal employment opportunity programme which includes "recruitment, selection and promotion practices which are open, competitive and based on merit".

I am assured by the Premier's Department that this policy will be followed in the selection of Barbour's successor next year.