Geoffrey Robertson | |
---|---|
Born | Geoff Ronald Robertson [1] 30 September 1946 Sydney, Australia |
Citizenship | Australian, British |
Education | University of Sydney (BA, LLB) University College, Oxford (BCL) |
Occupations |
|
Employer | Doughty Street Chambers |
Title | King's Counsel |
Spouse | |
Children | 2 (including Jules Robertson) |
Geoffrey Ronald Robertson AO , KC (born 30 September 1946) [2] is an Australian-British barrister, academic, author and broadcaster. Robertson is a founder and joint head of Doughty Street Chambers. [3] He serves as a Master of the Bench at the Middle Temple, a recorder, and visiting professor at Queen Mary University of London. [2] [4] [5]
Robertson was born in Sydney, Australia, and grew up in the suburb of Eastwood. [6] His father, Frank, who would go on to be a senior officer of the Commonwealth Bank, and later a stockbroker, [7] survived an RAAF training flight crash in Chiltern, Victoria, in 1943. [8] [9]
He went to Epping Boys High School and then attended the University of Sydney, where he graduated with a Bachelor of Arts in 1966 and a Bachelor of Laws with First-Class Honours in 1970, before winning a Rhodes Scholarship to study at the University of Oxford, where he graduated with a Bachelor of Civil Law from University College in 1972. [2] [10] In 2006 he was awarded an honorary degree of Doctor of Laws by the University of Sydney. [11]
Robertson won Australian Humanist of the Year in 2014 for his work as a human rights lawyer and advocate. [12]
Robertson became a barrister in 1973, and was appointed QC in 1988. He became well known after acting as defence counsel in the celebrated English criminal trials of OZ , Gay News , the ABC Trial, The Romans in Britain (the prosecution brought by Mary Whitehouse), [13] Randle & Pottle, the Brighton bombing and Matrix Churchill. [14] He also defended the artist J. S. G. Boggs from a private prosecution brought by the Bank of England regarding his depictions of British currency. [14]
In 1989 and 1990 he led the defence team for Rick Gibson, a Canadian artist, and Peter Sylveire, a director of an art gallery, who were charged with outraging public decency for exhibiting earrings made from human foetuses. [15] [16] [17] [18]
He has also acted in well known libel cases, including defending The Guardian against Neil Hamilton MP. Robertson was threatened by terrorists for representing Salman Rushdie. [19]
In 1972 he advised Peter Hain as a McKenzie friend when Hain defended himself on several charges including conspiracy to trespass arising from his involvement in anti-apartheid protests, as a protest against the apartheid regime. During the ten-day trial at the Old Bailey Hain dismissed his QCs, but retained Robertson and another as advisers, before being convicted and fined £200. Robertson was also employed to defend John Stonehouse after his unsuccessful attempt at faking his own death in 1974. [14]
In March 2000 in the Independent Schools Tribunal, sitting at the Royal Courts of Justice, he successfully defended A. S. Neill's Summerhill School, a private free school. The proceedings were brought by OFSTED on behalf of David Blunkett, the Education Minister, who was seeking the closure of the school. [20] The case was later dramatised by Tiger Aspect Productions in a TV series entitled Summerhill and broadcast on BBC Four and CBBC. [21]
In August 2000, Robertson was retained by the heavyweight boxing champion Mike Tyson for a hearing before the British Boxing Board of Control (BBBoC). The disciplinary hearing related to two counts relating to Tyson's behaviour – failing to stop throwing punches after the referee had stopped the fight – after his 38-second victory over Lou Savarese in Glasgow in June that year. Tyson escaped a ban from fighting in Britain. [22] Robertson successfully deployed a defence of freedom of expression for Tyson, the first use before the BBBoC, but Tyson was convicted on the other count and fined. [23]
In 2002 he defended Dow Jones in Dow Jones & Co Inc v Gutnick , a case where Joseph Gutnick, an Australian mining magnate, sued Dow Jones after an article critical of him was published on the website of Barron's newspaper. Gutnick successfully applied to the High Court of Australia, requesting for the case to be heard in Australia rather than the United States, where the First Amendment protects free speech. Robertson then appealed the case to the United Nations Human Rights Committee. The case was described as a "very worrying decision" as it potentially opened the door for libel cases related to internet publishing to be heard in any country and in multiple countries for the same article. [24]
In December 2002 Robertson was retained by The Washington Post to represent its veteran war correspondent, Jonathan Randal, in The Hague at the United Nations Court, the International Criminal Tribunal for the former Yugoslavia. He established the principle of qualified privilege for the protection of journalists in war crimes courts. [25]
In 2006 Geoffrey Robertson successfully defended The Wall Street Journal (WSJ) in Jameel v Wall Street Journal Europe . The case centred on an article published in the WSJ in 2002, which alleged that the United States were monitoring the bank accounts of a Saudi Arabian businessman to ensure he was not funding terrorists. Jameel, who was represented by Carter-Ruck, was originally awarded £40,000 in damages but this was overturned in favour of the WSJ. The case was viewed by The Lawyer as a landmark case which redefined the earlier case of Reynolds v Times Newspapers Ltd , upholding the right to publish if it is deemed to be in the public interest. [26]
In early 2007, instructed by the Indigenous lawyer Michael Mansell, Robertson took proceedings for the Aboriginal Tasmanians to recover 15 sets of their stolen ancestral remains, then being held in the basement of the Natural History Museum in London. He accused the museum of wishing to retain them for "genetic prospecting". [27]
Robertson has appeared in cases before the European Court of Human Rights and in other courts across the world. [28]
Among these, Robertson was involved in the defence of Michael X in Trinidad and has appeared for the defence in a libel case against the former Singaporean prime minister Lee Kuan Yew. He was also involved in the controversial inquest of Helen Smith and also in the Blom-Cooper Commission inquiry into the smuggling of guns from Israel through Antigua to Colombia. [14]
Robertson has been on several human rights missions on behalf of Amnesty International, such as to Mozambique, Venda, Czechoslovakia, Malawi, Vietnam and South Africa. [14]
Until 2007 he sat as an appeal judge at the UN Special Court for Sierra Leone. [10] [29] [30]
In 2010 Robertson unsuccessfully defended Julian Assange, the founder of WikiLeaks, in extradition proceedings in the United Kingdom. [10]
In 2013 Robertson was appointed an honorary associate of the National Secular Society. [31]
On 28 January 2015 he represented Armenia with barrister Amal Clooney at the European Court of Human Rights (ECHR) in the Perinçek v. Switzerland case. [32] He called Doğu Perinçek a "vexatious litigant pest" at the ECHR hearing. [33] [34]
From 2016, Robertson has been representing former Brazilian president Lula da Silva with appeals to the United Nations Human Rights Committee regarding Lula's treatment by the Brazilian justice system. [35] [36]
Robertson is a patron of the Media Legal Defence Initiative. [37]
Since 11 March 1984, [38] often with long intervals in between, Robertson has hosted the Australian television series Geoffrey Robertson's Hypotheticals on ABC TV. [2] [39] These shows invite notable people, often including former and current political leaders, to discuss contemporary issues by assuming imagined identities in hypothetical situations. Robertson published printed collections of these in 1986 and 1991. In 2022, the Hypothetical "All at Sea" was staged at the Darling Harbour Theatre in Sydney and later broadcast by Radio National. [40] Further stage shows were presented around Australia in 2024. [41]
He speaks at public events including many literary festivals. In 2009 he spoke at the Ideas Festival in Brisbane, Australia. [42] Robertson appeared several times on the Australian panel discussion program Q+A , first in 2010 on a special program from the Festival of Dangerous Ideas. [43]
Robertson has written many books. [2] One of them, The Justice Game (1998), is on the school curriculum in New South Wales, Australia. [44]
His 2005 book The Tyrannicide Brief: The Story of the Man Who Sent Charles I to the Scaffold details the story of John Cooke, who prosecuted Charles I of England in the treason trial that led to his execution. [45] After the Stuart Restoration, Cooke was convicted of high treason and hanged, drawn and quartered.
In his 2006 revision of Crimes Against Humanity, Robertson deals in detail with human rights, crimes against humanity and war crimes. The book starts with the history of human rights and has several case studies such as the case of General Augusto Pinochet of Chile, the Balkans Wars, and the 2003 Iraq War. His views on the United States' atomic bombings of Hiroshima and Nagasaki in Japan can be considered controversial. He considers the Hiroshima bomb was certainly justified, and that the second bomb on Nagasaki was most probably justified but that it might have been better if it was dropped outside a city. His argument is that the bombs, while killing more than 100,000 civilians, were justified because they pushed Emperor Hirohito of Japan to surrender, thus saving the lives of hundreds of thousands of allied forces, as well as Japanese soldiers and civilians. [46]
In his 2010 book, The Case of the Pope , Robertson claims that Pope Benedict XVI is guilty of protecting pedophiles because the church swore the victims to secrecy and moved perpetrators in Catholic Church sex abuse cases to other positions where they had access to children while knowing the perpetrators were likely to reoffend. [47] This, Robertson believes, constitutes the crime of assisting underage sex and when he was still Cardinal Ratzinger, the retired pope approved this policy up to November 2002. In Robertson's opinion, the Vatican is not a sovereign state and the pope is not immune to prosecution. [48]
In An Inconvenient Genocide: Who Now Remembers the Armenians? (2014) Robertson presents an argument based on fact, evidence and his knowledge of international law, claiming that the horrific events that occurred in 1915 constitute genocide.
In 1990, Robertson married the author Kathy Lette, and they lived together in London with their children [2] until their separation in 2017. [49] They had met in 1988 during the filming of an episode of Hypothetical for ABC Television; Robertson was dating Nigella Lawson at the time and Lette was married to Kim Williams. [50] In Robertson's 2010 Who's Who entry, his hobbies are listed as tennis, opera and fishing. [2]
Robertson became a British citizen in 2003. [51]
Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputation – like dignity and honour. In the English-speaking world, the law of defamation traditionally distinguishes between libel and slander. It is treated as a civil wrong, as a criminal offence, or both.
McDonald's Corporation v Steel & Morris[1997] EWHC 366 (QB), known as "the McLibel case", was an English lawsuit for libel filed by McDonald's Corporation against environmental activists Helen Steel and David Morris over a factsheet critical of the company. Each of two hearings in English courts found some of the leaflet's contested claims to be libellous and others to be true.
John Bradshaw was an English jurist. He is most notable for his role as President of the High Court of Justice for the trial of King Charles I and as the first Lord President of the Council of State of the English Commonwealth.
Whitehouse v Lemon is a 1977 court case involving the blasphemy law in the United Kingdom. It was the last successful blasphemy trial in the UK.
Julian William Kennedy Burnside is an Australian barrister, human rights and refugee advocate, and author. He practises principally in commercial litigation, trade practices and administrative law. He is known for his staunch opposition to the mandatory detention of asylum seekers, and has provided legal counsel in a wide variety of high-profile cases. He was made an Officer of the Order of Australia in 2009, "for service as a human rights advocate, particularly for refugees and asylum seekers, to the arts as a patron and fundraiser, and to the law." He unsuccessfully stood for the Division of Kooyong at the 2019 federal election as an Australian Greens candidate, but achieved the highest vote for the Greens in the seat at a federal election and allowed the party to enter into the two-party preferred vote.
George Alfred Carman, QC was an English leading barrister during the 1980s and 1990s. In 1979, he successfully defended the former Liberal leader Jeremy Thorpe after he was charged with conspiracy to murder. Carman had been appointed as a Queen's Counsel (QC) eight years previously. He later appeared in a series of widely publicised criminal cases and libel cases.
Libel tourism is a term, first coined by Geoffrey Robertson, to describe forum shopping for libel suits. It particularly refers to the practice of pursuing a case in England and Wales, in preference to other jurisdictions, such as the United States, which provide more extensive defenses for those accused of making derogatory statements.
Doğu Perinçek is a Turkish politician, doctor of law and former communist revolutionary who has been chairman of the left-wing nationalist Patriotic Party since 2015. He was also a member of the Talat Pasha Committee, an organization that denies the Armenian genocide. Politically, he is a Eurasianist who favors closer relations with China and Russia, and is one of the most anti-American politicians in Turkey.
Sir David Eady is a retired High Court judge in England and Wales. As a judge, he is known for having presided over many high-profile libel and privacy cases.
Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307). The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions. Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation.
In the European Convention on Human Rights, Article 2 protects the right to life. The article contains a limited exception for the cases of lawful executions and sets out strictly controlled circumstances in which the deprivation of life may be justified. The exemption for the case of lawful executions has been subsequently further restricted by Protocols 6 and 13, for those parties who are also parties to those protocols.
Mosley v United Kingdom [2011] 53 E.H.R.R. 30 was a 2011 decision in the European Court of Human Rights regarding the right to privacy under Article 8 of the European Convention on Human Rights. An application to the court was made by Max Mosley, the former president of the FIA, after his successful breach of confidence legal case against the News of the World. In that case, the court unanimously rejected the proposition that Article 8 required member states of the Council of Europe to legislate to prevent newspapers printing stories regarding individual private lives without first warning the individuals concerned. It instead held that it fell within each state's margin of appreciation to determine whether to legislate on that matter.
Media Defence is a non-governmental organization established in 2008 to provide legal assistance to journalists, citizen journalists and independent media institutions. It also supports training in media law and promotes the exchange of information, litigation tools and strategies for lawyers working on media freedom cases. It is based in London, England and has a global network of media lawyers and media freedom activists with whom it works on cases and projects.
Mark Howard Stephens is an English solicitor specializing in media law, intellectual property rights, freedom of speech and human rights. He is known for representing James Hewitt when allegations of his affair with Diana, Princess of Wales first emerged. In 2010, he represented Julian Assange, the founder of WikiLeaks, defending him against an extradition request to Sweden based on suspicion of numerous sexual offences. He also founded the law firm Howard Kennedy LLP, which has represented several high-profile clients in media and entertainment law cases.
Sir Michael George Tugendhat, styled The Hon. Mr Justice Tugendhat, and referred to as Tugendhat J in legal writing, is a retired High Court judge in England and Wales. He was the High Court's senior media judge, taking over that role from Mr Justice Eady on 1 October 2010.
Edward Hamilton Fitzgerald is a British barrister who specialises in criminal law, public law, and international human rights law. His work against the death penalty has led him to represent criminals such as: Myra Hindley, Mary Bell, Maxine Carr, various IRA prisoners, and Abu Hamza. Fitzgerald is currently the joint head of Doughty Street Chambers.
Jennifer Robinson is an Australian human rights lawyer and barrister with Doughty Street Chambers in London.
Perinçek v. Switzerland is a 2013 judgment of the European Court of Human Rights concerning public statements by Doğu Perinçek, a Turkish nationalist political activist and member of the Talat Pasha Committee, who was convicted by a Swiss court for publicly denying the Armenian genocide. He was sentenced to 90 days in prison and fined 3000 Swiss francs.
The Case of the Pope:Vatican Accountability for Human Rights Abuses is a book written by Geoffrey Robertson in 2010 which examines the Roman Catholic Church's responses to allegations of sexual abuse in the Catholic church. The book analyzes the legal, moral, and ethical implications of the issue.
Ian Alexander Macdonald QC was a Scottish barrister who was "a pioneer of committed anti-racist legal practice" in the UK. During the 1970s he appeared in many notable political and human rights cases, including those involving the Mangrove Nine, the Angry Brigade, and the Balcombe Street siege. He took silk in 1988 and was leader of the British bar in immigration law for five decades until his death at the age of 80.
Young Geoff Robertson – the 'Geoffrey' was a later affectation for Hypotheticals