THE EDITOR, Sir:
I NOTE with alarm, the mounting criticism of Senator Dorothy Lightbourne, arising from her criticism of the system of justice. I hold no brief for the Senator, who I am sure can defend herself. My concern is that people in authority seem to think that there is something wrong with criticism.
We are still a democracy which upholds the rule of law and with that goes the right to comment and criticise. Indeed, common law courts have long recognised this principle.
So that in 1911 a journalist wrote of a judge, "Mr. Justice Higgins, is I believe, what is called a political judge, that is he was appointed because he had well served a political party". The article continued with even more damaging allegations. Proceedings for contempt were instituted. Chief Justice Griffiths of the Australian Supreme Court dismissed the claim, he said such statements do not constitute contempt unless "calculated to obstruct the course of justice". He said.
"... I think that if any judge of this Court...were to make a public utterance of such character as to be likely to impair the confidence of the public... any public comment on such an utterance would, so far from being a contempt of Court, be for the public benefit."
The English Court of Appeal reaffirmed the principle in Regina vs. Commr. of Police Exp. Blackburn (No 2) (1968) 2 WLR 1202. The facts were that a Queen's Counsel and Member of Parliament wrote an article in which he criticised the Court of Appeal wrongly attributing to it decisions of the Divisional Court. He criticised the Court for 'blindness' and ridiculed the Court. The English Court dismissed a charge of contempt brought against him. Lord Denning, the Master of the Rolls, said in part.
"Let me say at once that we will never use this jurisdiction as a means to uphold our own dignity. That must rest on surer foundations. Nor will we use it to suppress those who speak against us. We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself."
I am, etc.,
DAVID G. BATTS
72 Harbour Street
Kingston
