Questionable conduct
Why is the ACT Victims of Crime Commissioner publicly supporting Higgins?
One more quick note on the Higgins circus – with advice for readers who would like to do something about this attack on the basic principles at the heart of our criminal justice system. I have an idea for you….
Last weekend, Janet Albrechtsen wrote a powerful article in the Weekend Australian about the Higgins case, quoting a High Court decision, The Queen v Lee, which concluded: “Our system of criminal justice reflects a balance struck between the power of the state to prosecute and the position of an individual who stands accused.”
Albrechtsen pointed out that, “The pro-Higgins forces tainted by this mistrial should reflect on how their behaviour and their decisions have up-ended this delicate balance.”
I thought you might like to help one such person reflect upon her own behaviour.
The above photograph shows Heidi Yates, the ACT Victims of Crime Commissioner, standing beside Higgins who is reading out her ill-advised speech which has since been referred to authorities as a possible contempt of court.
You will have seen many other photos of Yates, a lawyer, and public servant, who accompanied Higgins in and out of the court throughout the proceedings and was thanked by Higgins in her speech, using her official title, after the case was declared a mistrial.
Every time the media has mentioned Yates, they use her title – “ACT Victims of Crime Commissioner” - see the example above, from dailymail.co.uk. One assumes Yates was acting in an official capacity, given that, if she was supporting Higgins in a private capacity, she had ample time to correct the false impression given by the media over the past few weeks.
A number of my correspondents have written asking about the appropriateness of Yates’ public support for Higgins. One lawyer informed me he has already made an official complaint to relevant professional bodies about her conduct.
Significantly, it appears that Yates may have inappropriately used her position by supporting Higgins as a 'victim of a crime' when no crime has been proven. Even if it is argued that Yates can properly support alleged victims of crime, this support should surely stop at the point when legal proceedings against an alleged perpetrator have commenced.
As a lawyer, an officer of the court, Yates appears to have behaved inappropriately in standing by, nodding supportively, as Higgins defied the judge’s warning by making statements which would have had the effect of diminishing public confidence in the administration of justice, particularly in relation to the accused’s right not to give evidence.
Now Heidi Yates has just been nominated by the ACT for Australian of the Year. Well, good people, doesn’t this provide an interesting avenue for drawing attention to the way this public official has performed her duties?
Your concerns about the Australian of the Year nomination should be addressed to:
Mr Chris Cole, Manager Corporate Governance, Chief Minister and Treasury Directorate. cmtd.webmaster@act.gov.au
The ACT Victims of Crimes Commissioner is an independent statutory office funded by the ACT government which is overseen by the ACT Human Rights Commissioner.
If you would like to make a complaint to the HRC, use this link.
Other avenues for drawing attention to Yates’ behaviour include:
ACT Attorney-General, Shane Rattenbury is the law officer with overall responsibility for ACT laws. rattenbury@act.gov.au
The ACT Law Society has a responsibility for the conduct and behaviour of lawyers practicing in the ACT. https://www.actlawsociety.asn.au/for-the-public/making-a-complaint
Complaints are more likely to have impact if you write courteously, and include your name and address and any relevant professional background/experience. You might like to raise the following questions:
Does Yates have conclusive evidence that Higgins is a ‘victim’ of the crime of rape by Lehrmann?
Has Yates acted appropriately in supporting Higgins in her official capacity?
Is it ever appropriate for an official of government or of a government authority (not involved in a prosecutorial role) to give the appearance of siding with one party in criminal proceedings?
Please also request that appropriate action is taken in relation to Yates’ conduct.
Well, that’s it for now. It will be as relief to get away from the wicked witches running this joint – Sicily’s mafia will be a breeze in comparison. I’ll be back on deck late November.