Sunday, February 26, 2012

Into the Fire

The last month has been a real baptism of fire for me.  Most of you will have read my e-mail and as it is a fair summary of what has happened, I will reproduce it, for the most part, here.  I'll add a bit more towards the end.


At the and of January, I arrived in Darwin and went to the apartment I had been allocated by the North Australian Aboriginal Justice Agency (NAAJA).  It was a deluxe apartment with excellent air conditioning (a must up north), a big TV, good access to the city and everything you could possibly need.  If NAAJA had been the landlord, I would have begged to be able to rent the place.

That weekend was spent exploring Darwin and I took a trip to the Museum and Art Gallery of the Northern Territory (MAGNT), which I pronounce "magnet" but apparently nobody else does, with its wonderful display on Cyclone Tracy, a weather event that basically wiped Darwin from existence on Christmas Day 1974.  I had a walk around the city centre a few times as well.  Being the wet season, I had expected Darwin to be under constant rain, like a monsoon, but actually what usually happens is that it's cloudy most of the day and there will be periodic downpours.  But these downpours are of a fierce intensity and can seem like a mini-cyclone.

That Monday I went to the NAAJA office and was introduced to the staff.  I was told about NAAJA's mission statement, its goals, purpose and what would be expected of me.  I went with the team down to the Darwin Magistrates Court to observe the action.  It was quite the hive of activity as each lawyer came into the small room, assigned themselves to people who had court, then rushed off to court and then returned to repeat the process.  It was exciting to watch but a bit unnerving at the same time realizing that this is what I was going to be doing.

That Wednesday, I was driven to Katherine by Jonathon, the Principal Legal Officer.  I met the staff and the other lawyers and given a warm welcome.  I was also warned to be prepared for anything and everything.

So, I've been going to court and visiting Aboriginal people whom we represent that have been locked up.  It's constant but reasonably exciting work.  There aren't many moments to spare and I fell that I'm learning more every day, which is the most that could be hope for.  I don't know how long I'll be at NAAJA but the plan is 2 years.  I'll do my time in the trenches, or "at the coalface" as Australians say, and then maybe move on to something else.  My boss has assured me that I'll be surprised how much experience and knowledge I'll have after even only 12 months.  Hopefully that will be able to translate into improved career prospects as I continue.

Katherine, itself, is a small town in objective standards but fairly big by NT standards.  Katherine has a population of about 7 500 but provides most of the necessities.  There are supermarkets, restaurants, pharmacies, repair shops, a multiplex, a country club and a local club.  The main street is part of the Stuart Highway, the lifeline of the territory; a road that snakes 3 000 kilometers from Adelaide to Darwin and is the territory's primary connection to the rest of Australia.  Every so often 3 and 4 car road trains rumble past the NAAJA office, a constant reminder that you're in a rural area.  It's not really all that remote and you can make it to Darwin in about 3 hours but you are on the Outback's edge.  It's hot but sunny and I hope I'll like it here.

Well, I finally found a place in Katherine and I'm sharing a house with a nice guy called Mato Pavicevic.  It seems he knows everyone in town.  He hasn't lived here all that long but loves to socialize so he's met pretty much everyone who lives in the area.  He works primarily as a florist in the local florist shop but he is also a trained gourmet chef and even did 3 years of legal studies back when he lived in Yugoslavia, as it then was.  He has made some excellent dinners and lunches for the both of us and he must be the most pleasant landlord in the territory.

As I mentioned before, the work is constant and of high volume.  I suppose it's like a conveyor belt as we do what must be done and then repeat for the next person.  There's very little time to simply lounge about and for that, I think, I should be at least a little grateful.  I had an e-mail a few days ago from Rohan where he mentioned that he was having his first unsupervised court appearance.  Although he's been in the game for quite some time before me, I had already had numerous unsupervised court appearances.  It made me realize just how much on the fly training I was getting.

And as to what I've been doing, so far it's been pleas in mitigation, adjournments, representations and even a video link call to one of my clients in prison.  So far, I think, my in court advocacy is my forte.  I don't find myself nervous at all when talking to the magistrate but I find myself a little more unsure when talking to the clients.  I'm just worried that I'm giving them the correct information and making sure they are getting the full benefit of the law.  They don't know how much legal experience I have nor would they really care, I guess, as long as I give them the proper information.  I just don't want to short change someone as I will not suffer an injustice to be visited on someone.  In any event, I've had some very good outcomes for my clients and in one case in particular I was certain the client was going to jail as he had breached all of his suspended sentence conditions, more or less repeatedly.  He hadn't committed any new crimes, just failed to partake in the required programs set up for him an, to make matters worse, the corrections department was unwilling to supervise him in the community.  Nevertheless, by luck or by silver tongue, I managed to convince the magistrate that he should be given another chance as he was working and he was young and the magistrate agreed.  If he can keep working and stay out of trouble for another 2 months, his breaches of the suspended sentence will be ignored.  Honestly, there is hardly a reason why he should not have been put in jail but I'll chalk this into the Win column.

One of my favourite things about this job is that the court sometimes travels and we go to the more remote aboriginal communities.  My first one was a 1-day event at Barunga, a community not to far from Katherine. The procedures are all the same except that there is less formality in the court.  In Katherine, when you appear you have to wear a tie, but no jacket, while at Bush Courts (as they are called), ties are not compulsory.  Earlier this week I went to Kalkarindji, aka Kalkaringi, several hours southwest of Katherine.  This session can take 1 or 2 days depending on the list.  We had to sit on the second day but it was very short.  The night after our arrival (I travelled with Eugene, another lawyer, and Natascha, a community officer), we went to the local pub and had a great time.  I very much enjoyed Kalkarindji and I hope to go back soon.  I don't have any photos of the bush courts as many aboriginal people are sensitive about having their photos taken although I'm told that it's not a problem.  In a few weeks time I'll be off to Borrolloola, another bush court which promises to be a particularly active one.

Recently I applied,as any Australian lawyer can, for admission to the High Court of Australia.  Admission there entitles the person to practice in all Australian federal courts.  It doesn't cost anything unless you want a certificate, in which case you pay $55.00.  I filled in the application, sent in the money and last Friday received the certificate in the mail.  I know it's not much, but I can now practice law anywhere in Australia and in any court.  I've also applied to be admitted in New Zealand under the terms of the Trans-Tasman Mutual Agreement so, hopefully, I'll be an internationally recognized lawyer soon.

I suppose my greatest worry is not knowing how I'll measure up as a lawyer in time.  I don't want to be just good at my job, I want to be great or exceptional.  I want to be someone who you'd want in your corner if your back's to the wall.  I would like one day to become a judge but when you're new and starting out, you see just how much ground you have to cover in order just to be considered competent.  I'll have to see how I progress as these days, weeks and months go by.