Jeff Kennett: Parliament sex sagas shows why it’s best for complainants to come forward early

Entering into the current debates raging in Australian politics right now is either brave or stupid. Probably a bit of both, so here goes.

I do not know if it is a brave or a stupid person who would enter into the current debates that are raging over the separate allegations surrounding Brittany Higgins and Christian Porter. Probably a bit of both, so here goes.

Let us deal with the allegations by Brittany Higgins first. She is entitled to seek redress for anything inappropriate that she may have been subject to by another individual.

Ms Higgins some years after the alleged incident has gone public with her story and the facts will be established as a result of her now lodging a complaint with the police. She and others will be subject to interviews and hopefully the truth will be established.

One can understand and feel totally supportive of her claim that had she made her complaint at the time of the incident, it might have put her employment security at risk.

What is clear there is considerable community support for Ms Higgins based on the many interviews she has given. But the circumstances are still just allegations, and the supposed perpetrator of the allegations remains anonymous and of course his side of the allegations have not been made public. So, in the court of public opinion, he starts the process well behind the Eight ball.

Attorney-General Christian Porter after he outed himself as the unnamed cabinet minister accused of raping a 16-year-old girl

The clear lesson from this case to date is that any person who feels they have been mentally or physically abused should make their complaint as soon as possible after the incident has occurred.

That allows due process to take place quickly while all matters are fresh in the minds of the people concerned, and without a trial by or through the media, where only one side of the allegation gets covered.

The same is the case in the claims against Christian Porter. Had the matter been reported when they are alleged to have been committed, it would have been easier to have had the matter resolved by the authorities.

My regret is the alleged victim of the claims against Christian Porter has died by her own hand. Even now, some four years after leaving Beyond Blue, I am regularly contacted by individuals and families dealing with suicidal issues, threats, behaviours and sadly deaths. At more than eight a day, this is a scourge among our community. For the victim of these allegations, who has been only identified as “Kate”, we cannot know for sure what contributed to her thought processes that led to her death. That said, given the publicity the issue is receiving, most in the community would come to the conclusion that it was what she was alleged to have suffered 33 years ago.

Again, had this alleged matter been reported then, the matter would have long been resolved, and the parties involved would have been able to get on with their lives.

What is occurring now is trial by and through the media. This is of course very dangerous. We saw it in many ways in the case against Cardinal George Pell, when there was a concerted campaign to hold him responsible for the deeds of what others in his church had so reprehensibly done.

\Cardinal George Pell leaving the County Court of Victoria in 2020

But such media and public trials are a threat to our accepted practice of the presumption of innocence and practice of the law.

In Ms Higgins’ case, now she has reported the matter to the police, the media should back off and allow due process to take its course.

In Christian Porter’s case the NSW police have already said there is not sufficient evidence to take the matter further. Some, however, are calling for another inquiry into the allegations.

But with “Mary’s” death, there can be no finding other than one based on hearsay. The emotion of her friends may very well play a major role, but factual evidence is simply not available from one of the parties concerned. Therefore, the likelihood is that there can be no finding other than one that mirrors the decision of NSW police.

What I consider to be totally unacceptable is the role of politicians in both these cases.

In Ms Higgins’ case, once her allegations became known, the politicians who were informed or even heard in the corridors of the parliament should have advised her to report the matter immediately to the police and supported her thereafter.

It appears in the Porter case when the PM heard the allegations, he questioned Mr Porter and was assured there was no substance to the rumours.

It is not up to politicians to sit in judgment of potential criminal allegations that have been made against people. When reported to the authorities, it is those authorities that are charged with establishing the truth.

As with Cardinal Pell, reputations are being severely questioned because those who are now making the allegations, for reasons which are quite understandable, did not lodge their complaints at the time of the alleged offence.

Secondly, going to the press even now before lodging an official complaint is simply not fair.

Thirdly some politicians have jumped on the media bandwagon, for political reasons which is not in the interests of the claimed victims, and certainly not in the interest of maintaining the highest standards in the application of our laws.

We need higher standards again from our politicians. But the great lesson from both these incidents, regardless of gender, is when you have been abused lodge your complaint as soon as possible with the appropriate authority. Don’t wait for years to pass.

Society is better educated today than we were 10, 20 or 30 years ago. As individuals we have rights, but the community expects each of us to respect each other.

These two events are particularly sad, and regardless of the outcome, hopefully some good will come from them.

Have a good day.

Jeff Kennett is a former premier of Victoria