SA Judge Steven Millsteed gave voice to public disgust about former MP Bernard Finnigan
ANALYSIS: The judiciary is often criticised for being out of touch with community expectations but, in his fiery sentencing of Bernard Finnigan today, Judge Steven Millsteed spoke for all South Australians.
- FULL REPORT: Finnigan now a convicted sex offender
- JUDGE’S VERDICT: Finnigan found guilty
- SALARY FURY: Finnigan paid by taxpayers while awaiting verdict
- RECAP: How the case developed
THE judiciary is often criticised for being out of touch with community expectations but, in sentencing Bernard Finnigan today, Judge Steven Millsteed spoke for all South Australians.
In remarks flush with plain speaking and refreshingly devoid of legalese, Judge Millsteed told Finnigan he was no different than any other child pornography user.
Finnigan’s former position of power, his Catholic upbringing, his once-vaunted status — none of them mattered when contrasted against the global scourge of child exploitation.
“People who access child pornography encourage the vile degradation and sexual exploitation of children,” Judge Millsteed said as Finnigan gulped in the dock.
“The courts must do what they can to protect children from such reprehensible behaviour by imposing sentences to deter, as far as possible, people accessing child pornography.”
His Honour made obvious not only his distaste for the crime, but also his support for the widely-held sentiment that Finnigan deserves no special treatment for his perverted offending.
Asked to spare Finnigan the usually-automatic conviction — a request that sparked public furore — Judge Millsteed told Finnigan he deserved no leniency whatsoever.
“Even if I had such power, I would not exercise it in your favour,” he said.
Though Finnigan may have resigned from Parliament, he has continually failed to show contrition or remorse for his crime, and will not even accept the guilty verdict.
Finnigan’s claim he is too poor to pay for a psychological assessment enlivened the respected judge’s trademark dry wit.
“I find that surprising given the amount of money you must have invested in defending the charges brought against you,” Judge Millsteed said, again echoing public opinion.
It has taken more than four years to achieve some closure in this sad, sorry saga that has dominated public and political debate.
Many will be disappointed that Finnigan was not jailed, but his offending — though loathsome — was too comparatively minor to put him at risk of incarceration.
That closure is likely impermanent, as Finnigan can lodge an appeal, but the community can at least be satisfied that the court spoke on its behalf and voiced its disgust.