Farewell Speech to White DCJ

When I was first asked to talk about his Honour I thought it would be easy. On occasions such as this it is customary to eulogise the retiring judge and remark upon his many qualities:

• Good family man.
• Kind to little children.
• Always patient with counsel.
• Never known to raise his voice in court and never interrupt.
• Totally respectful of the opinions of appellate courts.

Fundamentally his Honour possessed those qualities that are usually found in all judges. In this context it occurred to me that Judges are rather like saints.

I have just finished reading a book about the life of St Paul — and I was struck by the similarities between his life and that of his Honour’s.

St Paul was an only child — as was his Honour.

Before his conversion Paul was a Pharisee and tent maker. His Honour was an accountant and very keen on camping.

The comparisons are obvious.

The Bible records that Paul was “an Israelite of the tribe of Benjamin circumcised on the 8th day”.

In the time available to me I confess I have not been able to conduct an historical genealogy. However, given the findings of the world wide DNA study that we all come from a very small gene pool, it would not be surprising if his Honour’s ancestors came from the House of Benjamin.

Coupled with this is the fact that St Paul’s travelling companion and closest associate for many years was a young man called Timothy. That his Honour should call his only son Timothy is just too much of a coincidence.

As to the other notation about what happened on the 8th day, I would simply say this — there are some questions that even a criminal lawyer will not ask.

Now, you all know that St Paul’s conversion took place on the road to Damascus. Obviously his Honour’s did not. His conversion occurred in the Sportsman’s bar at the Imperial Hotel in Cairns.

In the late 70s the Impi, as it was known, was directly opposite the old courthouse. It was the centre of all legal knowledge in Cairns. In those days there were no mobiles, no faxes, no emails. Everything was done by word of mouth. Your word was your bond and if anyone broke it they were ostracized.

Cases were settled, trials resolved, points of evidence determined; nothing was too hard. If you didn’t know the answer, someone else did or could point you in the right direction.

There was a strong collegiate feeling based on mutual trust. People were practical and sensible but above all honourable.

Cairns was a circuit town then and when you came up here you could always find a lawyer at the Impi. From 10 am to 10 pm they were there. They were conscious of their duties.

It was at the Impi that I first met his Honour. He was then the accountant in charge of the Aboriginal Legal Service and studying law.

I can now tell you that I was also present at the Impi on the night of his Honour’s conversion and witnessed the event.

In the Bible St Paul’s conversion is described as “falling to the ground as a result of a flash of light from the sky, hearing the words “Saul Saul, why are you persecuting me?”

As I recall his Honour’s conversion there was a blackout in the bar that night, there was some falling to the ground followed by Bob Pack shining a torch in his Honour’s face and saying, “Peter Peter, for Christ’s sake get up — it’s your shout”. His Honour rose like Icarus and at that moment knew the rest of his working life would be spent in the service of the law.

After his conversion St Paul travelled a lot. So did his Honour. On admission to practice as a barrister he travelled to Rockhampton. St Paul went to Rome where he was counselled by St Peter, the head of the church. In Rockhampton his Honour was counselled by St Patrick aka His Honour Judge Shanahan, who was to become the head of the District Court.

After some years of travelling his Honour returned to Cairns to continue his work just as St Paul returned to his homeland.

During his travels St Paul had learned the value of performing miracles. Nothing draws a crowd — or in his Honour’s case a group of solicitors — more than a miracle — or again in his Honour’s case, a forensic triumph.

His Honour performed many of those in the course of his career at the bar.

I would like to share with you his Honour’s first forensic triumph in Cairns.

It concerned a shy young lad who lived on a property west of Dimbulah. He fell in love with one of his neighbour’s cows. One star filled, moonlit night his passions got the better of him and he expressed his love of the beast in the most intimate way. Regrettably his neighbour saw him. This led to a criminal charge and his Honour was briefed to appear for the young man on a plea of guilty in the District Court at Cairns.

The young man arrived at Court dressed in his best clothes. Shiny R.M. Williams boots, new jeans and a freshly ironed t-shirt emblazoned with the logo “Happiness is Farming.”

His Honour made the usual submissions about an early plea, remorse, no prior convictions, youth, etc, but then went on to display his forensic brilliance. He pointed out to the presiding judge that if one compared the experience suffered by a cow when subjected to a full arm, internal veterinary inspection, then his client’s actions in reality amounted to a victimless offence. In the same serious tone his Honour then informed the Court that despite extensive enquiries there was no evidence of any lasting psychological damage to the cow.

No conviction was recorded and the young man was released on a good behaviour bond.

It was about this time that the Bar Association was inviting counsel to list their specialities. Flushed with his recent success his Honour was minded to list his as “bestiality”. He was counselled against taking this course.

His Honour practised at the bar for approximately 14 years, just as St Paul travelled and preached for the same period.

St Paul was then called to the Council of Jerusalem, which was a meeting of the apostles and elders of the church. His Honour has written thousands of judgments.

Another similarity is the content of those judgments. St Paul’s writings were not given to mind numbing theological debate. His arguments did not concern the mysteries of how many angels would fit on the head of a pin. His epistles are full of practical sensible advice on how better to lead one’s life consistent with Christian belief.

Likewise his Honour’s rulings set out practical, commonsense workable solutions to the disputes brought before him — solutions however that are always underpinned by his Honour’s belief in the rule of law.

Those judgments also reflect the man himself.

• A man of strong values and convictions.
• A man who has always believed that people are entitled to a fair go.
• A man who has always had the vision that society would be better if more care, assistance and understanding was given to those most in need.
• A man of surprisingly deep compassion.
• A man I am proud to call my friend.

As a judge he was extremely hardworking and will be sorely missed — not only by members of the legal fraternity but by his fellow judges.

On behalf of the bar I say thank you for the work you have done and may you and Linda have a most enjoyable future.

Like St Paul I know that there is more travel involved but this will be of a more pleasurable kind. I understand that with the assistance of your linguistically skilled wife you intend to educate the French on the benefits of red wine consumption as practiced in Australia.

I have no doubt that like every other challenge you have undertaken in life it will be a success.

Kevin McCreanor

EQUITY CHAMBERS