Justice Murphy dies

Press, 22 October 1986, Page 10

Justice Murphy dies

NZPA-Reuter Canberra Mr Justice Lionel Murphy, recently the centre of a political storm over allegations of impropriety, died of cancer in Canberra yesterday said an Australian Government spokesman. The Government dropped an inquiry into the conduct of Australia’s third highest ranking judge two months ago after he disclosed he was ill and had only a short time to live. The Prime Minister, Mr Hawke, yesterday described Mr Justice Murphy as an “outstanding Australian” for his contribution to legal reform and civil liberties. Mr Justice Murphy, aged 64, a former Labour Attorney-General in the 19705, stood down from hearing cases on the seven-member High Court in December, 1984, after becoming the first senior judge to face criminal charges. He was sentenced to 18 months’ jail in September last year for attempting to pervert the course of justice but steadfastly maintained his innocence and was acquitted after a re

trial in April this year. Further allegations of impropriety in the wake of his acquittal prompted the Labour Government to set up a Parliamentary commission of inquiry headed by three retired judges. Mr Justice Murphy, a brilliant reforming lawyer who tried to make law more comprehensible to people, dramatically returned to the High Court bench in early August immediately after announcing he had terminal cancer. His return was objected to by the Chie Justice, Sir Harry Gibbs, who said the integrity of any judge on the bench had to be seen to be beyond question. Mr Hawke strongly defended Mr Justice Murphy’s Constitutional right to sit and yesterday praised his career. “Lionel Murphy was a great Australian and one of our finest ever jurists. He made a significant and lasting contribution to the Parliament and the legal system of this country,” said Mr Hawke. “Lionel Murphy served with distinction as a Senator from 1963 until 1975.

From 1967 he was Leader of the Opposition in the Senate, and from 1972, Leader of the Government. “As Attorney-General of the Commonwealth between 1972 and 1975 he pioneered major reforms of the law in relation to family law, legal aid, consumer protection, and civil liberties. “As a Judge of the High Court, Lionel Murphy brought to the Court a vision of social justice and a commitment to the principle that all are equal under the law. His contribution to the High Court is a lasting memorial to the principles he held so strongly, and which guided him throughout his legal, Parliamentary and judicial careers. “The people of Australia have lost a humanist and a jurist of rare talent and significance,” Mr Hawke said. A State funeral service will be held for Mr Justice Murphy in Sydney on Monday. Mr Justice Murphy is survived by a wife, Ingrid, and three children, a daughter by a first marriage, and two sons.