Channel 7 Today Tonight (Adelaide)

Justice System in South Australia 13 July 2006

This version of the transcript has been edited by Dr Robert N Moles

In order of appearance

Rosanna Mangiarelli, Presenter
Dale Mortimer – alleged victim of assault
Dean Brogan – footballer
Karen and Hayley Aitken
Graham Archer, Producer and interviewer
Nick Xenophon MLC SA
Peter Breen MLC NSW
Dr Bob Moles

Program

Rosanna Mangiarelli

But first tonight, most of the State was shocked when lawyer Scott Aitken walked free after his car plunged off a cliff six years ago killing two of his children. The case raised the question more dramatically than any other - of whether who you are is more important than what you've done when it comes to the law. In South Australia, there appear to be many such cases. And true or false, what seems to set this State apart, is the lack of interest in checking if the system has genuinely let us down.

Michelle Vella has plenty of examples to consider.

Dale Mortimer (holding his bleeding nose)

I feel like crap obviously.

Dean Brogan footballer accused of assault

It began with me being verbally abused. The abuse was personal and aggressive. At first I ignored it. It continued and I reacted.

Voice over news bulletins

According to his victims Graeme Johncock walked from court a lucky man.

Pickett (who had been involved in a car crash) was lucky he didn't kill himself and others.

Graham Archer

Most of us suspect it - but does who you are carry more weight than what you do - when it comes to the law./p>

Stephen Pallaras DPP – file tape

On the subject of challenges to the justice system well there's only one - to get it right.

Graham Archer

But it appears ‘getting it right’ - might depend on just who's done wrong.

Karen Aitken

Over the last four years our experience with the judicial system is that it's not about justice it's not about finding out the truth - what's right and wrong.

Nick Xenophon

Until we actually have a system that is equal to all - you'll continue to have people feeling that the justice system - the law - is an ass.

Dean Brogan footballer

I deeply regret my part in the incident. I'm very disappointed it happened and I certainly apologise to Dale Mortimer.

Graham Archer

Let's take the example of our local heroes. Footballers like Dean Brogan who - in front of scores of witnesses - ‘king hit’ loud mouthed crows fan - Dale Mortimer.

Club Player

The club will support him one hundred per cent - and so will us players. We'll get him through this time.

Graham Archer

Regardless of the provocation, which of all people footballers ought to handle, should this case of obvious assault be treated differently than if the assailant had been some hapless nobody?  Why for instance was Brogan allowed to board the plane after the assault? And what is the reason it's taken so long for police to decide if an assault charge will ever be laid against brogan?

Voice over news bulletin

Picket returned to the scene half an hour later and was arrested. He pleaded guilty to driving a car while disqualified - driving without due care - and drunk driving, having blown 0.121.

Graham Archer

If a case does get to court, do our high profile sporting stars get a more sympathetic ear than your average South Aussie?

Byron Pickett – file tape

I just wanted to say sorry and I hope that other people learn from my mistakes as I have.

Graham Archer

Many thought the punishment meted out to Byron Pickett for instance was too soft.

Nick Xenophon

There are still unanswered questions about the Byron Pickett case - and a lot of people will be thinking is there one law for Byron Pickett and another law for the rest of us.

Voice over news bulletin

Johncock left the talking to his manager. “Graham certainly regrets his actions. The matter has now been dealt with by the courts he accepts the court's ruling”.

Graham Archer

And if you think Pickett was a one off - what about crows defender Graham Johncock who crashed his Commodore into two parked cars - then ran from the scene - and later told police his car had been stolen.

His sentence? A three thousand dollar fine and 21 day ban from driving. How do you think you might have fared in the same circumstances?

Peter Breen NSW MLC

They're public figures - they've got a profile - they've got a higher duty than ordinary people to behave and to comply with the law.

Graham Archer

NSW MP Peter Breen's campaigned for law reform.

What needs to be done to ensure that everyone is treated equally?

Peter Breen NSW MLC

That's where we fall down in Australia. We don't have things like the Criminal Cases Review Commission which operates in the UK.

But there's no way of being able to look at a conviction except through the court process and that's very unsatisfactory in Australia.

Hayley Aitken

I would just like to see him pay for what he's done - because it does hurt to know that he's carrying on; he's working, you know, with one of Sydney's prestigious law firms, and you know, just carrying on as if nothing happened.

Graham Archer

Arguably no case has shocked and troubled South Australians more than that of Adelaide lawyer Scott Aitken, whose four wheel drive Pajero drove off a 27 metre cliff killing two of his four children.

After a suspended inquest - an aborted murder investigation - a plea bargain - and a coronial finding based on flawed evidence - the family have every right to demand they be heard - most particularly the voice of ‘eye witness’ daughter Hailey.

Would you have been or are you prepared to give evidence in a trial to that affect?

Hayley Aitken

Within a heart beat - within a heart beat.

Graham Archer

But Hayley Aitken's never been given that chance - after a plea bargain saw Aitken walk from court on a good behaviour bond. You can't help but wonder if the circumstances of he and Henry Keogh, for instance, were swapped - what might have been the outcome of each case?

Nick Xenophon

The Scott Aitken case is nothing but a dark stain on justice in this State, and I can't begin to fathom how the mother of the two children that died feels - or the two surviving siblings - and it's nothing short of a disgrace.

Graham Archer

Independent MLC Nick Xenophon has introduced legislation into Parliament giving victims more rights in the court system.

Nick Xenophon

The right to intervene in key areas such as the plea bargaining arrangement - such as the agreed facts put before the courts. Once you do that, once you keep them informed and empowered, you'll actually see the justice system starting to do what it's meant to do - to start giving justice in every sense of the word.

Andrew – former Liddy victim

What faith does that give you in the court system? I have no faith at all.

Graham Archer

While the appearance of preferential treatment of the rich and famous is not limited to South Australia, what appears to differ is how cases are handled when finally the influential are caught out. Take the example of a senior NSW prosecutor charged last week with child pornography offences.

Voice over news bulletin

The DPP in NSW has announced an investigation into all Power's previous prosecutions to check if they might have been compromised by his apparent deviant interests.

NSW DPP Nicholas Cowdery QC

I am of course extremely disturbed and disappointed at the events that have occurred.

Graham Archer

But when South Australia 's longest serving magistrate and former Chairman of the Police Disciplinary Tribunal - Peter Liddy - was actually convicted of child abuse - did anyone here think about reviewing his prior court room conduct? Or whether he might have had pals who were prepared to cover for him? Three years ago Today Tonight asked former DPP Paul Rofe about this very thing.

Evidence emerged that the abuse had been ongoing thing over a long period of time and that public officials would have had some knowledge of what was happening?

Former DPP Paul Rofe QC – file tape

Well I think it's a matter for those authorities and a matter for the police.

Graham Archer

No interest. The same can be said for questions raised about the hiding or theft of Liddy's assets - some which ended up with Liddy's mate, lawyer Eric van Kruyssen.

Graham Archer – file tape

Van Kruyssen told the victims’ solicitors the rifles had been stolen or sold. No report to police was ever made; and years later - they just happen to turn up with Mr van Kruyssen.

No one has been prosecuted

Nick Xenophon

I just think that shows you how inadequate our justice system is when it comes to looking after victims of crime. Those people deserve every cent of compensation they're entitled to. They shouldn't have that snatched away from them by some clever - so called - sneaky deals.

Graham Archer

And of course when the former DPP's own performance during the Nemer case was found to be "inept" no one saw fit to go back and examine his earlier work to ensure the same ineptitude hadn't influenced the outcome of his other important cases.

Has anyone every investigated this?

Dr Bob Moles

Not to my knowledge. We have put the information to the Attorney General, but he's said there's nothing to be investigated.

Graham Archer

And there's still more questions. Why was the former Medical Board Registrar David Wilde - who took thousands of dollars from the Board's coffers - allowed to quietly retire after repaying the money? He's since been given a position with the Legal Practitioners Conduct Board.

File tape – Medical Board Complainant

Well if you did that to any other organisation they'd have you in court ... so why didn’t they this time?

Graham Archer

Of course there are scores of other examples which fuel the perception that some people are treated differently; like that of lawyer David Quick QC who's drug habit was so bad he was caught by police hiding in a prostitute's cupboard. He received character references from three Supreme Court judges for his case before the Conduct Board. Then there's the Adelaide magistrate who's had several complaints of sexual harassment - with no apparent consequences; and the Department Director of a South Australian hospital allegedly picked up for shoplifting last year - but still holds his position.

Nick Xenophon

No wonder people are angry when it seems that if you're ‘rich and famous’ and can afford the best lawyers then the outcome in the justice system is  very different than if you're from struggle town.

Top of Page