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Tributes paid as depleted bench renews

2/02/2008 9:06:45 AM
The ACT Government and a packed courtroom paid tribute yesterday to the late Justice Terry Connelly, while also welcoming two new judges, Richard Refshauge, SC, and Hilary Penfold, QC, to the depleted bench of the Supreme Court.

Full-time membership of the court slipped from four to two several months ago but a full complement of judges will sit when the 2008 legal year starts on Monday.

The court was stunned by the shock heart-attack death in September of 49-year-old Justice Connelly.

Just weeks later, Justice Ken Crispin retired.

A ceremonial sitting of the court, involving 13 current or retired judicial figures, witnessed the new judges taking the oath of office yesterday.

The families of both, plus that of Justice Connelly, were there in numbers. Justice Refshauge's brother, Andrew, a former NSW deputy premier, attended.

Until recently, Justice Refshauge was the ACT Director of Public Prosecutions and had been so for about a decade.

Earlier, he was a leading barrister and solicitor and patron of the arts.

Justice Penfold was, until January15, head of the department which administers Parliament House. She was previously first parliamentary counsel, responsible for the drafting of much important federal legislation.

Both judges are graduates of the Australian National University and long-time Canberra residents.

A joint obituary penned by Justice Connelly's widow, Dr Helen Watchirs, and Chief Justice Terence Higgins was read.

"His respect for justice, fairness, ethics and the rule of law was profound," the Chief Justice said.

"Justice Connelly was a good listener, attentive to people from all walks of life, and had the gift of explaining complex legal issues simply in layman's terms. Justice Connelly was idealistic but decisive ... He was a kind, gentle, compassionate, patient and humane man who lived by his word."

He lived his personal and professional lives to the full but these were cut off on the eve of noteworthy celebrations.

Dr Watchirs had plans to celebrate the judge's 50th birthday this month, and the couple's 20th wedding anniversary in April.

Belatedly, both were to be celebrated at the Tour de France later in the year.

Justice Connelly was an avid recreational cyclist.

Referring to the fact that Justice Penfold was the court's first resident female judge, Justice Refshauge said it was a "great privilege and enormously satisfying" to be sworn in on the same occasion that the court at last achieved gender diversity and fairness.

Chief Minister Jon Stanhope noted that and other firsts, including that Justice Penfold's appointment was the first to follow the calling for expressions of interest.

"And it was proof, and a clear and ringing affirmation, that there is more than one path to the bench, more than one way of demonstrating credentials, more than one way of serving one's community," he said.

Justice Penfold readily acknowledged that she had come to the court "by an unorthodox route". She has never practised as a solicitor or barrister or done in-court advocacy.

" So I have a lot to learn," she said.

She thought her appointment was down to "a combination of picking the right partner, luck, hard work, helpful friends and a bit of assertiveness".

These "have given me the opportunity to pursue both a career and a busy family life, in the way most men take for granted".

"I know that there are still many career paths that do not offer women that same opportunity, and that some of those career paths are in the law," she said.

Justice Refshauge, talking of his ambitions for the future, said, "We need to re-affirm to the members of the community that they are entitled to as much certainty as they can have about what is acceptable conduct and when they are truly liable for condemnation, to be held accountable and justly punished."

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