Fairness and justice have been thrown out the window

NATASHA CICA rails against ‘prosecuting’ politicians playing the gender card in the kiss-and-text claims against David O’Byrne.

A DECADE ago I established the Inglis Clark Centre at the University of Tasmania, to advance the legacy of 19th century jurist Andrew Inglis Clark — Tasmania’s founding father of the Australian Constitution, a politician inspired by the ideals of American and Italian republicanism, co-designer of the Hare-Clark system, and advocate of an Australian bill of rights.

Clark welcomed lively discussion involving sincere disagreement. In his Hobart home, he established a kind of salon where women and men were equal participants in debate about issues of the day.Faithful to that legacy, during my time at UTAS I generated a series of discussions focused on our own time, featuring local talent — parliamentarians across parties, and national experts such as political analyst George Megalogenis, First Nations leaders Marcia Langton and Mick Gooda, and Professor Sir Ian Kennedy, founding chair of the Independent Parliamentary Standards Authority in the UK and an expert in probity in public life.

Andrew Inglis Clark, father of the Hare Clark voting system and vice chancellor of the University of Tasmania from 1901 to 1903.

Since I left that role, the former vice-chancellor of UTAS, Peter Rathjen, under whom I worked, has been disgraced publicly for serious misconduct related to sexual harassment. That was the result of a probe by South Australia’s Independent Commission Against Corruption. UTAS has since done its own investigation into Rathjen’s behaviour at our university. Meanwhile, including in Tasmania, we have seen the rise of global populist movements seeking to advance justice in race and gender — specifically, #blacklivesmatter and #metoo. Young Tasmanian woman Grace Tame, who was unlawfully abused by her maths teacher while a high school student in Hobart, has become a spokesperson for #metoo as the 2021 Australian of the Year. Tame bravely galvanised the resolve of many who have long been on the silent receiving end of foul behaviour.

I am alarmed, however, at a climate where it seems anyone feels able to say anything publicly about anyone, including to impute abuse that has not been substantiated through due process. This has been the case in relation to allegations against former Labor leader David O’Byrne, in relation to claims he historically harassed a young union member, via an uninvited kiss and suggestive text messages, which O’Byrne maintains he did not believe were unwelcome at the time, and for which he apologised.

O’Byrne denies claims he sexually harassed multiple women

David O’Byrne defies calls from his own party to quit

Escalating this story, ABC radio recently hosted a conversation with former Labor premiers Paul Lennon and Lara Giddings, who called for O’Byrne’s resignation on the basis of what they claimed was his demonstrated disrespect for women. Their advocacy was amplified by damaging allegations made under parliamentary privilege by independent MP Kristie Johnston, as well as statements from Greens MP Cassy O’Connor. I have admired many of the public initiatives of all of these parliamentarians, and disliked others. But I was dismayed at the way that these “prosecuting” politicians all played the gender card this week.

There are a number of influential players in Tasmanian public life — across politics, media and academia, mainly men but also women — whose frame around gender has ranged from retro to perverse, and whose historical behaviour to me in the workplace has been professionally substandard and legally actionable. For clarity, none of them was O’Byrne.

David O’Byrne during Question Time in Parliament this week. Picture: Richard Jupe

Sir Ian Kennedy observed some of this when he visited Tasmania. He knows bad behaviour when he sees it and urged me to speak out more, but pushing any objection would have destroyed my then-career in Tasmania. My easier road was to leave for other places.

I’m stuck back here now because of personal obligations, and those pandemic border closures.

Tasmanian democracy is now as good as it can get for me, for the foreseeable future.

As a multi-generational Tasmanian, with family connections to political leaders like Dame Enid Lyons, I’d love it to get really great, not just scraping the filth from the bottom of the barrel.

I’m still a fan of the dead white male known as Andrew Inglis Clark, whose enduring legacy includes reflections on power, and a belief Tasmanians can and should aim far higher.

Dr Natasha Cica is a highly decorated author, academic and business executive.