Blind Justice

Investigative journalist Louise Milligan has spent a lot of time in court covering high profile sexual assault and child sex abuse cases. During her investigations, she became increasingly concerned about the treatment of witnesses and the retraumatising of victims of crime through the court system. In Witness (2020), Milligan explores the vexed issue of balancing the fundamental principles of criminal justice and respect for victims, and makes recommendations for reform of the judicial system.

The book begins with a shocking rape case which lead to a protracted series of court cases. Eighteen year old Saxon Mullins, on a night out with friends, was raped by a man she had only just met. Mullins bravely reported her rape and agreed to testify against the perpetrator. Despite being the complainant, Mullins' voice in the case was diminished. 

Later, Milligan shares the story of Paris Street, a Melbourne schoolboy groomed by his athletic coach. St Kevin's school rallied around the perpetrator, betraying their duty of care to their students. Street had to testify at age 15 and was retraumatised by his cross-examination, and let down by those entrusted with his care.

Milligan herself was a witness in the Cardinal George Pell case, spending a day being drilled by Robert Richter QC. His needling, disrespectful, patriarchal style is designed to intimidate witnesses. Milligan describes the mental and emotional toll of this experience, and how important it was for her to have her own lawyer to advocate on her behalf. 

In Witness, Milligan interviews barristers, judges, legal support services, victims, victims' rights advocates, and more to gain deep insight into the criminal justice system. Complainants expect justice but are often ill-prepared for the brutal realities of the system. Victims are sidelined; their role reduced to a witness to the acts against them.

Innocence until proven guilty and the burden of proof are foundations of the criminal justice system. Can a barrister do their job of vigorously defending their client without eviscerating the alleged victim of the crime? Can they be respectful and empathetic in cross-examination and still do right by their client? What can be done to better prepare witnesses for the rigours of the process and support them after?

Milligan makes several recommendations for change, including actively using protections that already exist within the Evidence Act requiring the court to prevent improper questioning. She challenges the legal profession to become more trauma-informed, to let go of outdated and debunked myths about victims, and to diversify their ranks by encouraging more women and minorities to have more influence in the profession.

As I read Witness, I reflected on my own experiences with the legal system - as a law student, a juror, a witness. I also thought a lot about Bri Lee's excellent book Eggshell Skull (2018) on her experience as a lawyer and a complainant. My sincere hope is that as more voices are heard, and the dinosaurs in the legal profession become extinct, the judicial system will get the shake up in needs and bring about reform.

I have long admired Louise Milligan for her coverage of crimes against the most vulnerable members of our community. She always treats victims and their families with the utmost respect and empathy, yet is always fair and balanced in her reporting. Through her work, Milligan proves that you can do your job thoroughly and professionally, respectfully questioning a subject to get to the truth of a matter. Some barristers could learn a lot from Louise Milligan!