Sunday, March 18, 2012

Time Marches On

My time in Katherine has continued much as the weeks before have.  I'm settling into a routine and I've begun to become accustomed to this place.  The Wet Season is starting to dissipate and soon the glorious Dry Season will arrive.  There will be horizon-to-horizon sunshine all the time and cooler temperatures.  Although that is also when the tourists come there will be plenty of community activities in the coming months.  In July, for example, there will be the Katherine Regional Show Day, a sort of carnival of the local area.  In May, the races are coming to town and I think I'll go.

I've had some interesting professional development in the last few weeks.  Since many of the bush courts we go on are down single-lane roads, and one in particular is down a graded dirt track, all NAAJA employees are given 4-Wheel-Drive training.  I had been looking forward to it ever since I had been told about it.  The instructor met us at the NAAJA office and gave us a talk on the principles behind 4WD and how to properly use it.  He then took us out to an old airfield where we practised manoeuvres like braking and steering at the same time at 80km/h!  It was exhilarating to say the least.  It's important to know how to do that to avoid the large animals, like buffalo, that pose a serious danger if you hit them at speed.  We also practised techniques of how to get out if bogged down.

I then had an opportunity to put my skills to use when I travelled with my workmate John to Borroloola, a small  town 655 kilometers east of Katherine.  Borroloola is famous as having the first police station in the Northern Territory and now it hosts a bush court.  Although it is the Katherine NAAJA office that sends lawyers out to Borroloola, the assizes is run by the Darwin court.  I haven't been told why that is yet and it makes things a little complicated.

Anyway, I drove John and myself the whole distance to Borroloola.  We went down the Stuart Highway until we turned off to the Carpentaria Highway.  This second highway is paved but for the most part is only 1 lane wide, that means that if you see another car coming, you both pull over but if it's a road train, you pull right off to the side.  The drive was quite interesting as there was some wet weather and beautiful views.  In some places, the highway was slightly flooded which meant driving through water, which was quite an experience.

When John and I were about 45 minutes from Borroloola, having already driven about 6 hours, we got a call saying that the court had been cancelled because of worries of a cyclone hitting Darwin.  That meant that instead of 5 days away, John and I would be returning the next day, having taken care of some administrative matters the next morning.  The night of our arrival, there wasn't much to do so we just had dinner and sat around with some of the other people who had come in, like Corrections staff, some court staff and some police officers.  The next day, after reporting to the magistrate by telephone which clients had turned up because they hadn't heard the news and those that hadn't had their matters put off until the next assizes in May.  I did the driving back to Katherine as well, and I must say that I do enjoy long drives, particularly to exotic places.  We stopped at the famous Daly Waters Pub and had dinners.  The last time I was in Daly Waters was in 2005 and it looks quite a bit different to how I remember it give that I was now seeing it in the Wet Season and after drought-breaking rains the previous year.

Next weekend I'll be travelling to Darwin to take part in a professional course on evidence.  One of the requirements of lawyers is that every year that have to do a certain amount of professional training/development and this course counts.  I'm looking forward to the trip, just to get out of Katherine for a few days and the course will be important as there's a new evidence regime coming into effect in July.

On another note, 1 year and 1 day after I applied for it, I was notified that my graduate visa had been approved.  This visa allows me to live and work in Australia for 18 months and is a stepping stone to permanent residence, should I choose to apply.  If I do, I think I will have to do so quickly as a new scheme comes into effect in July and it adds an additional layer of complexity.  I'll have to decide how to proceed.

And finally, the cases just keep on coming.  I'm taking charge of matters now and some matters will be going to hearing, so I'll be cross-examining witnesses and the like.  Hopefully I'll do alright, particularly as someone's freedom may be at stake.  I've ordered a book on trial technique and I'll be reading it to get some tips on how to proceed.  This is going to be the next big step in my career and I hope I'm up to the challenge.

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.






Thursday, January 26, 2012

Great Changes

The new year has brought many great changes to my life and the lives of others.  With my time in Canberra nearing an end, I am anxious and nervous about starting my new life in Katherine.  I find it hard to believe that I've been in Canberra nearly 4 years.  The time seems to have flown by so quickly and tomorrow morning my stay in Canberra ends as I get on a plane, destined for Australia's tropical north.

In the last month, there have been some extraordinary events, though.  The first was the opening celebrations of the 100th anniversary of Plast (Ukrainian Scouts).  The larger ceremony will be a world gathering in Ukraine in August but as Australians get their summer now, the Plast executive decreed that the first celebrations will be in Australia.  I was a counsellor for the scouts and they had a very interesting camp program over 9 days.  I think, though, the highlight must have been the 3-day hike through the Australian Alps.  Starting in a valley, the group I was with, the advanced group, hike some 45 kilometers across very mountainous terrain to the very top of Australia, the summit of Mt. Kosciuszko.  Named after a Polish war hero, Mt. Kosciuszko is 2 229 meters above sea level.  The scouts had been divided into beginner and intermediate groups as well and all 3 met up at the summit.  It was truly a spectacular hike.  Both nights, though, were very cold and frost formed on the inside of the fly sheet.  Even though I was bundled up, I froze.

The camp was held in Canberra's Camp Cottermouth, a Scouts campground in the ACT just west of Canberra.  There we had various activities including something called the Golden Guitar, a music competition, which the scouts ended up winning with a remake of the Gorillaz hit Feel Good Inc., involving more scout-related lyrics.  They even had a scavenger trip around Canberra.  It was nice to get so many people together in 1 location as typically troops have their own camps each year.  In December I plan to be at the Melbourne camp but I hope to make it to the big celebrations in Ukraine and possibly see some of my friends there too.

After camp, the next big even was my admission as a lawyer on January 13th.  I arrived at the Supreme Court and found my friend, Rohan, who had agreed to move my admission.  Once inside we were approached by the Deputy Registrar, the person who starts off the ceremony and happened to be a fellow Aussie rules umpire, and we went inside the court room.  I had expected it to be fairly sparse but there were quite a few people there: myself, Rohan, the Deputy Registrar, the clerk, the judge, the judge's associate, 4 corrections officers, the Admissions Board secretary and 3 other lawyers there on separate matters.  The whole ceremony lasted only about 10 minutes once the judge arrived.  I was happy to find out it was my favourite ACT judge, Justice Richard Refshauge, one of the nicest people you will ever meet.  Well, the Deputy Registrar called for admissions, Rohan moved it, the Deputy Registrar administered the affirmation and the judge ordered that my name be entered on the roll.  The judge then had a very brief speech and then I went up to sign the roll.  Normally there can be 20-40 students in this process but because of my special circumstances, I got a personal one.  I felt very proud and relieved to have finally finished the process.  Afterwards, myself, Rohan, Roland (a friend from law school), Kendra (another friend from law school) and Amy (Rohan's friend) went out for lunch and dinner to celebrate.  It really was a great day.

A week later and another milestone passed, I turned 29.  I only have 1 year of "youth" left and although I am very rapidly approaching 30, I do have 2 small consolations.  The first, the interpretation of the Mayan calendar may be right and the world will end in December, the second, if the world doesn't end, 2012 is a leap year meaning I get 1 extra day of being young.  We'll see how this year goes.

Of course the biggest news for me is that I'm starting my new job in the Northern Territory.  I'm all packed up and ready to go.  I've shipped most of my things via Greyhound's freight service.  I'll pick it up in Katherine.  Hopefully I won't be without permanent accommodation for long.  Packing up was quite the challenge and it took some 16 items to pack everything up.  Luckily NAAJA is paying for it so it's not too bad.  The great joy will be having to unpack everything again once I'm settled in.

By coincidence, my brother will be starting a new job in a remote area as well, Iqaluit on the same day.  My brother has moved to the Arctic and I to the tropics.  He'll be starting a teaching position up there and, I'm very jealous, but will be making more money than me, at least before taxes and expenses.  It seems that things are changing for many of us as the Earth turns and makes another trip around the sun.  I just hope the changes are for the better and that great things will come of them.