MARK DREYFUS
SHADOW ATTORNEY-GENERAL
SHADOW MINISTER FOR CONSTITUTIONAL REFORM
MEMBER FOR ISAACS
"WITNESS J"
Labor is deeply troubled by the extraordinary secrecy surrounding the case of Witness J.
In comments reported by the ABC, the Attorney-General has said that it was contrary to the public interest that the information be disclosed. But Mr Porter has not explained why it is contrary to the public interest that any information about the Witness J matter be disclosed.
Labor is a strong supporter of the principle of open justice, which dictates that judicial processes should be conducted in public unless the presiding magistrate or judge determines that there are compelling reasons to close the court.
The principle of open justice that justice should not only be done, but should manifestly and undoubtedly be seen to be done is a central feature of the administration of justice under the common law. Jeremy Bentham explained the importance of that principle when he said that Publicity is the very soul of justice. It is the keenest spur to exertion, and the surest of all guards against improbity. It keeps the judge himself, while trying, under trial.
While limits on the principle of open justice are warranted in some circumstances, including in the interests of national security, such departures should be rare and they should be properly explained.
The former Independent National Security Legislation Monitor Bret Walker QC has noted that "The public has an interest to know when information is being kept secret from them it's not good enough for the public to be told 'it's in your interests that you are not told'."
This controversy is occurring in the ever-increasing climate of secrecy created by the Morrison Government.
While Labor is yet to be briefed on the details of this case, the Attorney-General should provide a much fuller explanation of the reasons for the complete suppression of the trial and sentencing of Witness J.
As a first step, Labor calls on the Attorney-General to provide as much information as he can to the Australian people about the case against Witness J without compromising Australia's national security.
THURSDAY 5 DECEMBER 2019
