Ex-judge blasts "incompetent" barristers
By Renu Prasad | Thursday, 9 October 2008

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The Summun bonum and the due process of the law Mark A Clarkson | 22/10/2008
As long as the Summum bonum rules, that black putrid thread that runs through Australian justice will continue to demand that nothing is sacred, no one is barred and no act is too low, as long as you can at least claim to be acting for the "greater good".
In Australia the end does justify the means. The notion, "we got a conviction, they must have been guilty" is supported by all the Appellate Courts who look only at the veracity of the conviction in terms of the notion that the criminal must have been guilty anyhow and steadfastly refuse to consider the lawfulness of the means used to perpetrate the convictions obtained. Trial judges know that any unlawful and corrupt means are mere “lesser evils” tolerated and required to serve the "greater good".
Barristers are just experienced at “Australian justice” and can not be bothered putting in the time and resources to posit really well researched arguments to Judges on behalf of clients, because they know that for certain that everything and anything they put will be rejected. The more ornate the argument, the more embellished the judgment rejecting it will have to be. Judges are usually grateful for points to be innately mentioned and not pressed or supported. It just saves so much time.
So Barristers are not so much incompetent. It works a little like a rat in a “Skinner Box”. The bell does not ring, nor does the grain of wheat fall often enough, to justify the effort of pushing the lever.

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