Peter Gleeson: Let burden of proof – not emotion – rule in Christian Porter allegations
I have no idea whether Christian Porter is telling the truth. And therein lies the issue. If he is, why ruin a man’s career and his reputation, asks Peter Gleeson.
Opinion
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The Latin maxim “semper necessitas probandi incumbit ei qui agit’’ essentially means “he who asserts must prove’’.
It has been the accepted legal burden of proof in justice systems around the world for the past eight centuries. It was developed to protect people from overreaching despots who in the 13th century would convict people on the basis of a mere allegation.
The people rose up and demanded an end to conviction based on an allegation and the burden of proof was strengthened. The first time it appeared in a formal legal document was the Magna Carta in 1215 and it has served the common law justice system ever since.
Over the past week, we have witnessed calls from various groups to abandon this 800-year old legal maxim and go back to the position of an allegation being proof that somebody committed a crime.
If these people have their way and the emotion of their argument is heard over the substance of the claim, we should be worried – very worried. Of course, the case in question is that of Attorney-General Christian Porter and historic rape claims. I have no idea whether Porter is telling the truth. And therein lies the issue. If he is, why would we ruin a man’s career and his reputation?
The broader issue for Australians is the way this has been handled. Why would anybody want to get into politics? Seriously, for the scrutiny, the mud-slinging, the stress, the long hours and the long days away from home. The impact on family, relationships and health.
A couple of months ago I ran into former federal trade minister Steve Ciobo. He’s been out of politics for a couple of years now, after being part of the cut and thrust to get rid of Malcolm Turnbull, having thrown his weight behind Peter Dutton. Ciobo’s hair was longer, he looked super relaxed and happy, ten years younger. Here was a guy who didn’t miss politics one little bit.
Then there’s Kate Jones, the former Labor state tourism minister, who did not contest the last election, instead insisting she wanted to see more of her husband and kids.
She’s now on a few boards, including the Australian Rugby League, and is being tipped to run for Brisbane Lord Mayor in 2024. My God, there is life after politics, after all.
The Christian Porter case demonstrates the white hot scrutiny we put on our politicians, both personally and professionally. It comes as the Australian political landscape is hyper sensitive to scandal, particularly anything involving alleged predatory behaviour by males against females. Porter will not stand down as Attorney-General because he says he didn’t do it, and why would he if he is telling the truth?
The reality is Porter will forever be besmirched with this case. In politics, mud sticks.
However, are we creating a culture where we dumb down our political class? What person with a university degree – invariably law, politics or commerce – would consign themselves to a backbencher’s salary of less than $200,000 a year with the certainty that their every move and decision will be scrutinised?
If Porter is telling the truth, the accusations and campaign waged against him has been abhorrent. If he is lying, he deserves everything he gets. With the alleged victim dead, we will never know.
While Porter is a big conservative scalp, rest assured there will be some very nervous Labor MPs and Ministers watching this situation closely. In the helter skelter of modern-day politics, only those who live like a monk will be spared. The new killing season has, it seems, begun.
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