Judge Has Right Tone

Newcastle Herald

Wednesday February 1, 2006

Joanne McCarthy

JUDGES and magistrates take a dim view of mobile-phone activity in their courts.

Mobile phones are supposed to be silent and invisible and if one goes off, you are likely to be swooped on by a court staffer or sheriff who can take it from you.

Usually the offending phone owner slinks from the court with the thing cheerily ringing away while those left behind pat their pockets to check if their own phones are off.

A phone erupted in a court I was sitting in yesterday but because of the number of people in the room it was difficult to work out where it was coming from.

The phone went quiet after a few rings and the sheriff stopped his patrol in mid-swoop. But when it resumed a minute later the sheriff had had enough, and the phone was tracked down to a bag between the legs of a sheepish-looking bloke in the front row of the public gallery.

The bloke grabbed the bag and slunk away, while three people fumbled with their pockets to check their phones.

The judge's name was Raymond McLoughlin. He stopped himself mid-sentence when the ringing started a second time, and gave the bloke with the phone a stern look from beneath his wig.

In a deadpan voice he noted he had the power to take the phone.

The deadpan delivery did not change a jot as he continued: "Not only is there power of confiscation, there's power to order that tunes be changed."

I took a shine to District Court Judge Raymond McLoughlin straight away.

And to borrow a term from the court, I say the above with all due respect Your Honour.

In a long court list yesterday there was an appeal matter involving a young man from Cardiff whose last few months have been spent in the confines of one of the state's many prisons.

The man who can't be named because of juvenile offences and whose identity doesn't really matter as he's just one of many men on similar charges appearing in courts across the state this week stood in the dock in his prison green tracksuit pants and top yesterday morning, shaking slightly.

His hair was short, his face was pale and shiny with sweat, and he addressed the judge in a strained voice.

He represented himself. No reason was given for the lack of a lawyer, but from the story that followed a lack of funds would seem the most likely answer.

He asked Judge McLoughlin to reduce the sentence he received from a magistrate last year because he had realised the impact on his family.

He was sorry for what he had done, he said.

He had missed his eldest son's first birthday and the birth of his second child. His partner, who was only recently granted Australian citizenship, was barely coping while he was in jail.

He didn't mention the fact one of the reasons he was in jail was an assault against his partner in a shopping centre, but the judge picked it up. The man was first in trouble at 16, when he drove a car without a licence and intimidated a police officer.

To put it kindly, and again to borrow a term from the court, the man was "well known to police".

He liked driving apparently. He just had issues with gaining a driver's licence; so much so that a magistrate in 2000 disqualified him for five years. He kept driving anyway.

The court system tried to instil in him what his background, his genetics or whatever else you want to blame for criminal behaviour had failed to do.

He was given a community service order at one stage but breached it. He failed to appear in court many times. In short, he had spent his life raising an upright finger to his partner, the community, the justice system and anyone in authority, said the judge.

"Why should I suddenly think you've seen the light?"

Why indeed?

There was something about the man's look, his youth, the way he said what he said, or the fact he had not been in jail before and it had clearly taken its toll. But the judge didn't brush the appeal aside. He didn't give him what he wanted either. But he gave him a chance.

And as he turned to go back to jail I hoped that pale, shaking, irresponsible fool realised what the judge's decision was actually saying to him that despite evidence to the contrary, there's still hope for you yet.

jmccarthy@theherald.com.au

© 2006 Newcastle Herald

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