Ian Barker: QC prosecuted Michael and Lindy Chamberlain

IAN BARKER, 1935 – 2021

When Ian Barker QC was revealed the previous counsel’s defence of High Court judge Lionel Murphy– founded guilty of trying to pervert the course of justice– he was most likely to have actually snorted and stated: That’s not a defence! This is a defence. He then went on to take a various, much more aggressive method, and got Murphy off. Murphy had actually been effectively protected in his very first trial however it stopped working. At the retrial in 1986, Barker changed his attack onto the previous chief magistrate, Clarrie Briese. Barker stated in his last address that the trial depended upon words said years prior to and not jotted down, which the memory of Briese was a harmful lorry for communicating the reality. He implicated Briese of dereliction of task. Murphy was acquitted. Barker had actually been an attorney in Darwin from 1970, had actually been selected Queen’s counsel.

He had actually worked as the Area’s solicitor-general and had actually belonged to the NT Reserves Board which administered the area’s nationwide parks. Coming to Sydney in 1980 to use up practice on the NSW Bar, Barker was recalled to the area in 1982 to

prosecute Michael and Lindy Chamberlain, Lindy for murder, Michael for being a device after the truth, following the disappearance of their child Azaria. Barker’s courtroom efficiency was fantastic and the case thrust him into nationwide prominence. Later on the Crown case was unravelled, however it was due to the fact that

of important defects exposed in the Crown clinical proof. Barker was stuck to that. However it has actually been stated because that had Barker had the defence, the Chamberlains would never ever have actually been convicted. Ian McClelland Barker, who passed away in December, was born upon October 21, 1935, in Epping, NSW, boy of Charles Barker, a worker of the Dairy Farmers Co-op Milk Business Ltd, and Norma(nee Peard), a kindergarten teacher. Barker, whose grandpa had actually been a Methodist minister, participated in Newington College in Sydney in 1948, ending up in 1952. Choosing to certify in law through the Solicitors Admission Board, he began his short articles in 1953, making one pound, 10 shillings a week, which in due course increased to 2 pounds. Having all the business impulses of the improvident insect, I was completely overdrawn on minor money, Barker stated later on in an interview with this writer. He was required to do National Service, which required 3 months of part-time responsibility, doing 9 parachute leaps. He resumed his short articles, completing with Expense Parkhill at Katoomba. In 1958 he wed a legal secretary, Nelle Fish, and in March

1960 was confessed as a lawyer of the NSW Supreme Court. The initially of Barker’s 6 kids, Michael and Nicholas, were born in Katoomba. In August, 1961, Barker evacuated his bags and moved with his household to Alice Springs. At first, Barker dealt with lawyer Neil Hargrave, however when Hargrave relocated to Adelaide, Barker was on

his own. He ended up being conscious of the terrible conditions numerous Aboriginal individuals dealt with. Barker was then signed up with by Brian Martin, a future chief justice of the Northern Area, and together they opened a branch workplace in Tennant Creek. We drove the 300 miles monthly to a salubrious

workplace, being Alfie Chittock’s wagering store, he said. Barker’s interests spread out beyond the law. He ended up being a member of the NT Reserves Board in 1965. He and Nelle had 4 more kids– Jill, Bridget, Louise and Eleanor– all born in Alice Springs. In 1970, the Barkers relocated to Darwin where Ian signed up with John and Nerolie Withnall in a basic

practice. Barker specialised in advocacy. One case led to him preparing the guidelines for authorities interviews of Aboriginal individuals, which were accepted by the court and ended up being called the Anunga Rules. Barker, designated a QC in 1974, continued his interests in preservation. He was associated with the development of the Kakadu National Forest and contributed in the development of a national forest on the Cobourg Peninsula, which was to be run by Aboriginal people. When the Northern Area was given self-government in 1978, Barker ended up being the area’s very first solicitor-general and invested a good deal of time in Canberra working out on lots of concerns, one being Aboriginal land and uranium. Barker ended up being deeply associated with lots of elements of Northern Area life. For entertainment I did some canoe journeys with a few of my kids, he stated.

I established regard for crocodiles, and discovered to live out of the rivers. In 1980, Barker relocated to Sydney and began practice at the NSW Bar. He separated Nelle the list below year. He went on to deal with cases such as the inquest into the shooting death of drug dealership Warren Lanfranchi and Alexander Barton in scams proceedings. The Chamberlain case in 1982 brought him nationwide headings. His ability in providing a prosecution case, his fast wit and sense of humour enabled him to sway the jury much more than his opposing counsel, John Phillips QC, though the environment was later on acknowledged to have actually been so greatly prejudicial versus the Chamberlains that any district attorney was most likely to have actually achieved success. The legal occupation was rather aghast in his winning a conviction where

the regular aspects– the body, the weapon, the intention– were missing. In 1983, Barker wed a Canadian-born lawyer’s clerk, Cent Brand name. Substantial cases came his method. Consisting of the Hope royal commission into espionage, 1983-85, where he represented the previous ALP nationwide secretary, David Combe. The royal commission examined Combe’s relationship with and the possible ramifications for nationwide security. In his energetic defence of Combe, Barker had some courtroom clashes with Justice Robert Hope. But the Chamberlain case declined to rest, and in 1986 a royal commission was bought, headed by Justice Trevor Morling. Barker was engaged to represent the NT Crown, with the now Justices Michael Adams and Elizabeth Fullerton his juniors. It was a bitter tablet for him to swallow. He kept his expert composure however the angst in between himself and the Chamberlains, and his bogeyman status amongst what was now a legion of Chamberlain advocates, was progressively uncomfortable. He was independently horrified by the collapse of the Crown clinical proof, in specific the proof on blood recognition by the forensic biologist Pleasure Kuhl. In the end, it might be with confidence asserted that there had actually been no blood in the automobile at all. In personal discussion he was asked what the case would have resembled had it been declared that a shark had actually taken Azaria. Barker responded: Oh, there would not be an issue. We might get Happiness Kuhl to discover foetal haemoglobin in the seawater! The case rankled through the years. When radio host Alan Jones, who highly supported the Chamberlains, rounded on him on air, Barker took legal action against and the matter was picked the eve of court procedures. Barker required a retraction from the Herald over what had actually been stated in an editorial. In 1987, Barker represented Abe Saffron, charged with conspiracy with deputy cops commissioner Costs Allen and others to pay off a policeman, Warren Molloy. He likewise stood for Saffron when he was charged with conspiracy with underworld figure Jim Anderson to defraud the Australian Tax Office. In 1989 her represented the widow of Charles Waterhouse in a fight in the Waterhouse bookmaking household. However his interest was likewise in the wider problems of justice. In a letter to the Herald in 1994, he stated that state’s jail population had actually increased from 4000 to 6500 in 5 years and he blamed that on the sorrowful truth-in-sentencing policy. Among other crucial cases, he stood for Peter Schneidas, founded guilty of the murder of a jail officer. He effectively safeguarded Sydney lawyer Leigh Johnson, charged with trying to pervert the course of justice, and he represented who was attempting to acquire readmission to the NSW Authorities. He went on to represent Bradley Murdoch in his appeal versus his conviction for the 2001 murder

of Peter Falconio in the Northern Area and the attack and deprivation of liberty of Falconio’s sweetheart, Joanna Lees. Barker was selected to the International Person rights Observer Panel, developed in 2005 by the Law Counsel of Australia, a group of Australian legal representatives who functioned as trial observers and carried out evaluations in relation to human rights. He transferred to Berry Hills, near Berry, on the Shoalhaven in 2013 and retired in 2017, getting lots of honors from the legal profession. Malcolm Brown

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