David O’Byrne case needs reflection and balanced views, writes Greg Barns

Is it all that hard for politicians to respect the legal process with integrity and do their job without sickening point scoring and dancing on the grave of the beleaguered accused, asks barrister Greg Barns.

• Analysis: Voters deserve better than Labor’s latest antics
• Calls for David O’Byrne to resign from parliament

PERSPECTIVE and circumspection are sorely missing in what passes for political discourse today.

The case of allegations made against Labor leader David O’Byrne is a case in point.

Perhaps, although we are dealing with the narcissistic and opportunist political class here, we can learn from it and more rationally and calmly deal with cases involving allegations of wrongdoing in the future.

As we know from the Christian Porter case, the Pell case and other high profile cases where the allegation is of sexual assault, there has been a huge shift from ignoring complaints to now presuming guilt and refusing to listen to both sides of the story.

David O'Byrne Labor member for Franklin. Picture: Nikki Davis-Jones

The presumption of innocence, a sacred and fundamental human right, and proportion around sanctions has been jettisoned in favour of inherent belief that the accused must be disbelieved and have their reputation destroyed.

At the outset, and before this columnist is falsely accused of being an apologist, let it be made clear that allegations of any form of misconduct which is more than trivial should be appropriately investigated and acted upon.

This is why we have a legal system and nowadays mechanisms such as internal inquiries, although sadly the latter are often designed to skewer the alleged perpetrator and give lip service to procedural fairness.

Mr O’Byrne has already made admissions in relation to the individual who has made complaints about his conduct.

It is hard to know what an inquiry would achieve although it might be a good opportunity for some smart justice to be done.

That is a restorative justice process where the complainant is heard and respected and where Mr O’Byrne is also able to feel the impact of his admitted wrongdoing.

An outcome that allows for healing and understanding is far preferable to the sort of heavy handed disciplinary actions that often accompany findings of ‘guilt’.

One might note as a pertinent aside that the decision to allow Mr O’Byrne and the complainant the opportunity to participate in an internal inquiry as seems to be the case is in stark contrast to the former ALP president Ben McGregor who was given no procedural fairness by the erstwhile Labor leader Rebecca White during the election campaign.

Labor candidate Ben McGregor announces he is withdrawing his candidacy. Picture: David Killick

She acted as one might expect an authoritarian regimen to do so in sacking Mr McGregor and making allegations about him without giving him any process or mechanism to put his side of the issue.

In the frenzied atmosphere of political bloodletting where the political class like unhinged sharks snap at any piece of vulnerable flesh they can find, there is a tendency to make allegations without waiting to ascertain the facts or speak to the individual about whom the allegation is made.

Cassy O’Connor, the Greens leader who has form for getting it wrong or casting aspersions on others before checking carefully the circumstances and facts, is a case in point.

Ms O’Connor last year wrongly identified a Chinese developer from Melbourne as being a member of the Chinese community in Tasmania, for which she has apologised.

But last Thursday she made a serious accusation, picked up by the media, that Labor’s Shadow Attorney-General Ella Haddad, one of its smartest policy thinkers, had known about the allegations made against Mr O’Byrne for a decade.

Did Ms O’Connor speak with Ms Haddad before making this serious claim? It seems not.

Because if she had she would have heard, as Ms Haddad has now revealed, she has been strongly supportive of the woman who did not want to pursue the allegations for many years. Ms Haddad has set the record straight, but the damage has been done.

Leader of the Greens Cassy O'Connor, on parliament lawns. Picture: Richard Jupe

Ms O’Connor’s desire for a political win and some laudatory media came before respecting the rights of the individual whom she decided was to be her political target.

How is this being a responsible legislator? What happened to the Greens’ commitment to fairness?

Politics is an unseemly game played by a disproportionate number of individuals for whom seeking political advantage and jettisoning principles is the order of the day.

The O’Byrne case deserves serious and sober reflection and contemplation.

It is a reflection of a political climate which is simply toxic and in respect of which very few with intelligence and a commitment to values like the rule of law and liberal values of tolerance and fairness seek to enter.

Is it too much to expect that there is respect for both the accuser and the accused when allegations of wrongdoing are made?

Is it all that hard for politicians and frankly some in the media to respect that process with integrity, whether it be the courts or other forms of fact finding and sanctioning, be allowed to do their job without sickening point scoring and dancing on the grave of the beleaguered accused?

Democracy is fragile and over the past week it has been undermined by those who are meant to uphold it.

Perhaps those who have been in the mire might step out and reflect on their conduct. But then probably not.

How depressing.

Hobart barrister Greg Barns SC is a former adviser to state and federal Liberal governments.