The Voice and Racism: A Judge Gets it Off His Chest By James Reed
A Supreme Court judge in sending an email to Nationals MP Pat Conaghan, has raised issues about the separation of powers. The email was critical of a speech the MP gave, which addressed the issue of those criticising the No side as denying historical atrocities, and this was “disgusting,” paternalistic and racist. Well, is it racist, say? As I see it, the issue of historical atrocities has nothing to do with the Voice. It is hard to see how the Voice could alter the past, but I suppose that the same situation being seen in America now, of reparations, will be made. In any case, one could take the line that the Voice is unjustified via constitutional change, and even support reparations, on an independent basis. Of course, I reject both, but that is just a thought experiment. So, from a logical point of view, the Voice issue is distinct from the other issues that the judge associated with it.
“A prominent NSW Supreme Court judge has accused a Nationals MP of racism over his opposition to an indigenous voice to parliament, in an extraordinary intervention that has raised concerns about the separation of powers between the judiciary and the workings of parliament.
In a highly charged email sent to Nationals MP Pat Conaghan on Wednesday morning, Ian Harrison, a judge with the NSW Supreme Court, described the federal MP’s views as “disgusting”, paternalistic and racist.
The email was sent in response to a speech to parliament Mr Conaghan had made on Tuesday night in which the member for Cowper had accused those attacking a ‘no’ vote on the basis it denied historical atrocities of being “recklessly dismissive” and would only encourage Australians to vote on emotion rather than logic.
Mr Conaghan, a former solicitor and police officer, told The Australian last night he had contacted senior counsel in NSW after receiving the email. He said counsel had expressed concerns about the constitutional ramifications of the correspondence by a member of the judiciary.
“I was astounded when I received it,” Mr Conaghan said.
“Everyone is entitled to their point of view but I found it extraordinary and when I received it my mind immediately turned to the separation of powers under the same constitution.”
The email by Justice Harrison, sent in his capacity as a judge, was dated May 24 at 8.54am.
A spokesman for the Supreme Court said Justice Harrison had sent the email, however, the Chief Justice could not be contacted for comment on whether the correspondence was appropriate.
In his email to Mr Conaghan, Justice Harrison expressed “dismay” at the MP’s speech, describing it as the “the lowest ebb in my day”.
“I appreciate that you are a member of Mr (David) Littleproud’s party, one of the first publicly to support the NO vote,” Justice Harrison wrote. “I despaired when he announced that decision, replete as it was with the perpetuation of institutional abuse of Australia’s First Nations people. You (sic) speech last night only increased my despair.
“I am not one of your electors so my opinion on anything has no direct bearing upon you (sic) electoral status. However, I was moved while listening to you speak to write to you now to express my complete sadness, not that you have predictably taken the stand that you have, but that you obviously do not understand or appreciate the depths of paternalism and racism that oozed from your words.
“Your argument is predicated upon the position that the Voice will add nothing practical to the lives of indigenous Australians.
“We can argue about that forever, but I will not do so here. However, what is so subtly disgusting about your contention is that it promotes the counterfeit spectre of harm to the Australian community while ignoring the immense and patently harmless symbolic benefit that recognition of the Voice will give to a long-neglected section of our society.
“There are no sleeping constitutional issues here. It is a simple matter of human decency. Your position, and the position of your party, is niggardly and cruel and mean-spirited. It is patently based upon a political stance that is indecent in its ignorance. May you live long enough, and acquire sufficient wisdom and self-awareness, to be ashamed of yourself.”
The email was signed: “Regards, Ian Harrison”.”
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