Adelaide Now: Rann’s new attack on legal eagles

Premier Mike Rann has set his Government on another collision course with the legal profession, ordering an urgent review of Queen’s Counsel appointments and how much they are paid. Concerned about his Cabinet becoming “a virtual rubber stamp for the judiciary”, Mr Rann yesterday told The Advertiser the system of appointing South Australia’s most senior lawyers could be perceived as “somewhat clubby”. Attorney-General Michael Atkinson had been asked to personally review the appointment and role of QCs, including their charging practices, he said.

The review was “all about improving the quality, standards and accountability of the legal profession”, which had been under sustained attack from Mr Rann for the past five years. “Cabinet and Executive Council are virtual rubber stamps for the judiciary,” Mr Rann said. “Yet the title QC clearly refers to it being a Crown appointment. “Being a QC does, and must always, mean more than being able to charge clients thousands of dollars a day. It must be about the highest standards of ethics, not just technical competence.

“The letters QC, a designation abolished in other states, must stand for something, a certain quality.” Mr Rann’s announcement came just days after a stand-off between the Government and Chief Justice John Doyle over the appointment of a new QC, who was recommended by judges after consultations with the Law Society and Bar Association.

Mr Rann created turmoil within the legal profession when he personally intervened during a Cabinet meeting two weeks ago to stop the appointment of criminal barrister David Edwardson because of his professional involvement in the controversial Nemer and McGee cases.

Lawyer Eugene McGee was acquitted of causing the death of cyclist Ian Humphrey by dangerous driving in 2003, but was fined for driving without due care. In the Paul Nemer case, the Government intervened to appeal Nemer’s sentence over the shooting of newsagent Geoffrey Williams.

Mr Edwardson represented both Nemer and McGee. Mr Rann – who used his personal intervention in those cases to promote his law and order agenda during the last election campaign – told Cabinet he objected to the promotion of Mr Edwardson to Queen’s Counsel. Mr Edwardson, an experienced and widely-respected criminal barrister, was one of 43 barristers who applied to Chief Justice Doyle to become a QC.

It was his second attempt, after rejection last year. The Advertiser understands that when Chief Justice Doyle learnt Mr Edwardson’s appointment had been personally blocked by Mr Rann for political reasons, he withdrew his support for the remaining two appointments, senior Crown prosecutor Martin Hinton and industrial lawyer and former Labor Party federal candidate Tim Stanley.

Mr Doyle expressed his concern about Mr Rann’s personal intervention at a meeting last Thursday with Mr Atkinson, during which he received an assurance that Mr Edwardson would be appointed by State Cabinet the following day. Despite his opposition to Mr Edwardson and his support for Mr Stanley, a former Right faction powerbroker, Mr Rann yesterday stressed neither he nor Mr Atkinson would “ever” be involved in the political appointment of QCs.

Current protocols for the appointment of QCs were established by his political mentor, former Labor premier Don Dunstan, and Mr Dunstan’s chief justice, John Bray, in the 1970s. Mr Rann said he was prepared to change the QC process in the same way he had used Executive Council several times to stop Parole Board recommendations to release murderers.

Among his suggestions is a five-year gap before any barrister reprimanded by the Legal Practitioners Conduct Board can be considered for “silk” – the colloquial legal term for a QC. Mr Rann said he wanted the disciplinary board to have a stronger role in the appointment process “as an extra ethical guarantee”. He was “sure” the legal profession would welcome the review, which Mr Atkinson has been told to complete within six months.

Chief Justice Doyle, District Court Chief Judge Terry Worthington, the Law Society, Bar Association, solicitors, clients and victims advocates would be invited to make submissions. Law Society president Margaret Kelly last night said that body would participate in the review, but declined to comment further until she had seen its terms of reference.