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| Profile: NT inquiry head Brian Martin is no stranger to the toughest cases | Profile: NT inquiry head Brian Martin is no stranger to the toughest cases |
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| The newly appointed head of the royal commission into the child protection and youth detention systems of the Northern Territory presided over three of the most notorious criminal trials in Australian history and was an advocate for the consideration of Aboriginal customary law in sentencing while chief justice of the NT supreme court. | The newly appointed head of the royal commission into the child protection and youth detention systems of the Northern Territory presided over three of the most notorious criminal trials in Australian history and was an advocate for the consideration of Aboriginal customary law in sentencing while chief justice of the NT supreme court. |
| Judge Brian Ross Martin AO QC, not to be confused with Brian Frank Martin, whom he succeeded as chief justice in 2004, also criticised the treatment of detainees at Guantanamo Bay, to which conditions at Darwin’s Don Dale youth detention centre have been likened, as “a delightful euphemism for torture”. | Judge Brian Ross Martin AO QC, not to be confused with Brian Frank Martin, whom he succeeded as chief justice in 2004, also criticised the treatment of detainees at Guantanamo Bay, to which conditions at Darwin’s Don Dale youth detention centre have been likened, as “a delightful euphemism for torture”. |
| “As Fyodor Dostoevsky, the Russian author, said in the 1800s: ‘A society should be judged not by how it treats its outstanding citizens, but by how it treats its prisoners’,” Martin said at an address to the South Australian press club in 2006. | “As Fyodor Dostoevsky, the Russian author, said in the 1800s: ‘A society should be judged not by how it treats its outstanding citizens, but by how it treats its prisoners’,” Martin said at an address to the South Australian press club in 2006. |
| He added: “I wonder whether such techniques would have been justified if they unearthed no useful information or they happened to be applied to an innocent person?” | He added: “I wonder whether such techniques would have been justified if they unearthed no useful information or they happened to be applied to an innocent person?” |
| Martin used the rest of his address to build a case for the renewed recognition of Aboriginal and Torres Strait Islander customary law as a relevant factor in sentencing, saying it could offer greater reconciliation for victims of crime. | Martin used the rest of his address to build a case for the renewed recognition of Aboriginal and Torres Strait Islander customary law as a relevant factor in sentencing, saying it could offer greater reconciliation for victims of crime. |
| The commonwealth banned consideration of customary law in 2005 and strengthened that position in 2007, in the package of laws introduced as part of the Northern Territory intervention. | The commonwealth banned consideration of customary law in 2005 and strengthened that position in 2007, in the package of laws introduced as part of the Northern Territory intervention. |
| He expanded those arguments in a 2007 paper in response to the NT intervention, writing there was “no evidence that these considerations [of customary law] have been abused,” and emphasising the right of Aboriginal and Torres Strait Islander children to have a meaningful connection with their culture. | He expanded those arguments in a 2007 paper in response to the NT intervention, writing there was “no evidence that these considerations [of customary law] have been abused,” and emphasising the right of Aboriginal and Torres Strait Islander children to have a meaningful connection with their culture. |
| But his relationships with Indigenous peoples have occasionally been fraught. In 2009, he angered the Indigenous community in Alice Springs by describing in his sentencing remarks the killing of Aboriginal man Kwementyaye Ryder by five men as “manslaughter by negligence”. | But his relationships with Indigenous peoples have occasionally been fraught. In 2009, he angered the Indigenous community in Alice Springs by describing in his sentencing remarks the killing of Aboriginal man Kwementyaye Ryder by five men as “manslaughter by negligence”. |
| In his sentencing remarks, Martin said he was “satisfied that there were racial elements in the earlier events and that a tone or atmosphere was set of antagonism towards and harassment of Aboriginal persons that is likely to have influenced the later conduct of all offenders,” but that Ryder had “antagonised” the men by throwing a bottle at their ute, which they were driving in a drunken joyride through Aboriginal camps. | In his sentencing remarks, Martin said he was “satisfied that there were racial elements in the earlier events and that a tone or atmosphere was set of antagonism towards and harassment of Aboriginal persons that is likely to have influenced the later conduct of all offenders,” but that Ryder had “antagonised” the men by throwing a bottle at their ute, which they were driving in a drunken joyride through Aboriginal camps. |
| Martin said the men were otherwise of “good character”. | Martin said the men were otherwise of “good character”. |
| His appointment as royal commissioner on Thursday was met with some criticism, with some suggesting that the fact that he may have sentenced some of the prisoners at Don Dale, may give the impression he is not independent from the abuse of children in the Territory’s youth detention system. | His appointment as royal commissioner on Thursday was met with some criticism, with some suggesting that the fact that he may have sentenced some of the prisoners at Don Dale, may give the impression he is not independent from the abuse of children in the Territory’s youth detention system. |
| The shadow attorney-general, Mark Dreyfus, suggested the federal government appoint a second, Indigenous, commissioner. | The shadow attorney-general, Mark Dreyfus, suggested the federal government appoint a second, Indigenous, commissioner. |
| Martin said he did not know whether he had sentenced any of the children involved in the Don Dale incidents, but he did not think his role in the NT justice system was a conflict of interest in his role as royal commissioner. | Martin said he did not know whether he had sentenced any of the children involved in the Don Dale incidents, but he did not think his role in the NT justice system was a conflict of interest in his role as royal commissioner. |
| “There’s never been any suggestion that this sort of treatment was brought to my attention or the attention of other supreme court judges,” he said. | “There’s never been any suggestion that this sort of treatment was brought to my attention or the attention of other supreme court judges,” he said. |
| Martin began his legal career as a crown prosecutor in Adelaide in 1974 where he earned the nickname “The Black Prince,” reportedly for his “dark and looming presence”. | Martin began his legal career as a crown prosecutor in Adelaide in 1974 where he earned the nickname “The Black Prince,” reportedly for his “dark and looming presence”. |
| He was appointed a Queen’s Counsel in 1984 and acted as senior counsel in the Western Australian royal commission into WA Inc in 1991, before being appointed Commonwealth director of public prosecutions in 1997. | He was appointed a Queen’s Counsel in 1984 and acted as senior counsel in the Western Australian royal commission into WA Inc in 1991, before being appointed Commonwealth director of public prosecutions in 1997. |
| He was made a judge of the supreme court of South Australia in 1999, where he presided over Australia’s largest criminal trial: the 11-month, 227-witness hearing into the Snowtown murders. | He was made a judge of the supreme court of South Australia in 1999, where he presided over Australia’s largest criminal trial: the 11-month, 227-witness hearing into the Snowtown murders. |
| Two years later Martin, now chief justice of the Northern Territory, presided over the 2005 trial of Bradley John Murdoch for the murder of British backpacker Peter Falconio. | Two years later Martin, now chief justice of the Northern Territory, presided over the 2005 trial of Bradley John Murdoch for the murder of British backpacker Peter Falconio. |
| In 2012, two years after his retirement from the NT courts, he was appointed acting judge of the supreme court of WA and presided over the judge-only trial of barrister Lloyd Rayney for the murder of his wife, supreme court registrar Corryn Rayney. Martin found Rayney not guilty and disparaged the conduct of the investigating detectives as ranging “from intolerant to reprehensible.” | In 2012, two years after his retirement from the NT courts, he was appointed acting judge of the supreme court of WA and presided over the judge-only trial of barrister Lloyd Rayney for the murder of his wife, supreme court registrar Corryn Rayney. Martin found Rayney not guilty and disparaged the conduct of the investigating detectives as ranging “from intolerant to reprehensible.” |
| He was credited by the legal community in the Northern Territory with acknowledging and recognising Yolgnu law and governance; orchestrating an agreement of mutual respect between a group of elders from northern NT traditional owners and police; and attempting to improve relations between the court and the media, an endeavour that included a regular talkback radio spot. | He was credited by the legal community in the Northern Territory with acknowledging and recognising Yolgnu law and governance; orchestrating an agreement of mutual respect between a group of elders from northern NT traditional owners and police; and attempting to improve relations between the court and the media, an endeavour that included a regular talkback radio spot. |
| In a ceremony farewelling him from the Darwin supreme court in August 2010, the then attorney general, Delia Lawrie, praised his fair-minded approach and legal acumen and also ousted him as a keen football fan, whose passionate support of the Adelaide Crows had recently led him to “suffer serious injury during a recent match as you sought to demonstrate to the Crows’ players how to kick an imaginary football while screaming at the television”. | In a ceremony farewelling him from the Darwin supreme court in August 2010, the then attorney general, Delia Lawrie, praised his fair-minded approach and legal acumen and also ousted him as a keen football fan, whose passionate support of the Adelaide Crows had recently led him to “suffer serious injury during a recent match as you sought to demonstrate to the Crows’ players how to kick an imaginary football while screaming at the television”. |
| The royal commission is to report to parliament by 31 March 2017. | The royal commission is to report to parliament by 31 March 2017. |