‘Bulls--t virtue signalling’: Former chief prosecutor condemned for welcome to Country post

The Office of Public Prosecutions has condemned the online views of its former chief crown prosecutor Gavin Silbert KC, who took to X to call for an end to “virtue signalling” welcome to Country acknowledgments.

Gavin Silbert, KC, in 2012.Credit: Jason South

Silbert’s social media post, which has since been shared around legal circles, was written in reply to a post from fellow Bar member Lana Collaris, who suggested all Australians should be acknowledged and not only Indigenous Australians.

Silbert wrote: “I am thoroughly sick of this bullshit virtue signalling welcome to country. The indigenous should thank God that Australia was settled by the British and not the French. Perhaps they might ask the Algerians about the consequences of French settlement.”

When contacted by this masthead, Silbert declined to comment or expand on his reasoning for the post.

“No, no I don’t want to say any more. I think it says all I want to say,” he said.

The post, which remained online for three days this week, has since been deleted.

An OPP spokesperson said the comments were not in line with those of the organisation, which provides an inclusive workplace and respects all First Nations peoples.

Silbert, they noted, is a member of the private Bar and has not been a crown prosecutor since March 7, 2018.

“The Director of Public Prosecutions, the Chief Crown Prosecutor and the OPP condemn Mr Silbert’s comments,” they said.

“The comments do not reflect the views or values of the OPP.”

The post which has since been deleted.

It’s not the first time Silbert has made headlines for his controversial views.

Last year, he condemned “woke” agendas amid criticism of the state’s Director of Public Prosecutions Kerri Judd over her decision not to prosecute police involved in the Lawyer X scandal.

At the time, Silbert maintained that the director’s gender was irrelevant to his criticism but said he felt gender issues were a significant issue causing division within the legal profession.

According to his online profile, Silbert undertook post graduate studies at the universities of London and Oxford, has practised criminal law in both prosecution and defence, as well as administrative and commercial law.

His profile says since 2018, he has concentrated more on pro bono representation and matters of public interest.

On Thursday, the chief executive officer of the Victorian Aboriginal Legal Service, Nerita Waight, said the post was dangerous and racist.

“Aboriginal people have borne the brunt of racism in the colonial system for over 235 years. The opinions expressed in this tweet are not new, intelligent or courageous – it’s just racism, and can be so dangerous for our people,” Waight said.

“Aboriginal people deserve access to culturally safe legal assistance, we know the devastating consequences when this is not adequately done.

“I am looking forward to the day when the First Peoples’ Assembly sign a Justice Treaty with the State of Victoria, so that we can transform the legal system so that it respects the oldest continuous cultures on earth and delivers real justice for our people.”

Acting president of the Victorian Bar Council, Elizabeth Bennett, SC, said she considered the views of Silbert to be “extremely disappointing”.

Bennett said the Victorian Bar was proud to have been the first Bar in Australia to have a Reconciliation Action Plan. That plan, she said, was initiated more than 10 years ago and committed them to respect and reconciliation.

Bennett said this was something members do proudly.

“Mr Silbert’s views are his own and not representative of the Bar,” Bennett said.

“The acknowledgment is an honoured and important highlight of Victorian Bar functions.”