An interview with Peter Ward OAM
What year did you commence practice and who was this with?
I commenced employment with Galbally & O’Bryan in 1974 and completed my articles of clerkship under the guidance of Mr Frank Galbally. I was admitted to practice in April 1975 and I am still working with Galbally & O’Bryan to this very day.
What drew you to criminal law? Were you always interested in the area?
As a young person, I was always interested in crime. I watched with interest television and movies specifically in the area of crime and Court drama. I would walk past the old Hawthorn Court house on my way to school and watch police, defendants and witnesses outside the Court and this always fascinated me.
There are certain schemes that have been introduced since you first started practicing. What would you consider the most significant change in the area of criminal law?
When I started practice, it was really a case of a Courts hearing the evidence and then handing down a decision. Over the last few years, the Drug Court, Koori Court, the ARC program and restorative justice have come into play. I would like to see the Drug Court in particular extended to all Magistrates’ Courts and County Courts in its entirety. The Drug Court has had an outstanding impact and it addresses the cause of crime and attempts to prevent recidivism.
Other significant changes revolve around the fact that attitudes have changed remarkably. When I started practicing 48 years ago, offences against the Road Safety Act, then the Motor Car Act, were not treated overly seriously. The emphasis on the road toll and public safety, in general, has elevated. This is reflected in the way judicial officers treat offences. The jurisdiction of the Magistrates’ Court has increased remarkably.
The criminal law has undergone significant changes. In particular alleged commission of sexual offences. These are indeed complex and the law in that area has risen from a simplistic analysis to a complex determination. Skilled lawyers are required to assist clients in dealing with that particular area of offending. The introduction of mentions and contest mentions in the Magistrates’ Court and the dramatic change of procedure in the County and Supreme Courts have elevated the complexity of criminal law.
In summary, the criminal law is now complex, detailed and requires a great deal of preparation.
Where do you see change in the future?
I would hope that the innovative programs listed above are extended. I also see that technology will have an increase in impact under the guidance of her Honour Chief Magistrate Judge Hannon in particular, she has dedicated to improving the efficiency and introduction of more programs to reduce the high rate of recidivism which are currently in place. As a matter of interest, a program is currently being implemented to improve access to clients in custody by solicitors and other parties, making the preparation of hearings in relation to those prisoners more efficient and hence will enable justice to be carried in a timely manner.
Over the last two years, a lot of hearings have been conducted online rather than in person in the courts. What did you find to be the pros and cons of this shift?
The main advantage of online hearings is that the process of justice can be made more efficient. However, it is my strong belief that online hearings should only be used for mentions, administrative hearings and non-substantive hearings. The actual final hearings, such as plea hearings, must be dealt with in Court in my view. The solemnity of the Court, the interaction between Magistrate, Counsel and accused are essential. Some Magistrates have indicated that it is difficult to have eye contact and hence the observations of a client’s presentation and communication is severely hampered. Practitioners have been prevented in the main from having one on one conferences with Prosecutors where a frank and full discussion about the matter can take place. With technology, the communication has been reduced to emails thus prohibiting a detailed discussion with both parties sharing their ideas and differences face to face. Another example of one of the difficulties is that clients have linked into Court proceedings while at McDonalds, driving, or even in their bedroom. Respect and recognition of the Court is essential. If the client is not in the company with legal Counsel, vital communication can be prohibited.
Do you have a case that sticks with you?
Yes, a few.
The painters and dockers Royal Commission, the tragic case of Walsh Street, the Krope case, the body in the boot case (Korp), and the Magistrate Hearing relating to the young lady wearing only a scarf entering the MCG during the 1982 BFL Grand Final.
The Walsh Street case where our client was acquitted, apart from having a devastating impact upon the victim’s family, in my view, changed Victoria Police investigation procedure.
The streaking case, despite the fact that it was a relatively minor crime, attracted more publicity than many of the well-known cases that our firm has been involved in.
Do you have any anecdotes with Mr Frank Galbally, or others, that you’d like to share?
Mr Frank Galbally was without doubt the finest advocate that I have seen. He had the ability to relate extremely well to people. He was a close friend of the then prime minister, Malcolm Fraser, but he was equally comfortable with people with significant problems who struggled in life and came from very disadvantaged backgrounds. His power of persuasion was remarkable. He had the ability to convince juries of his interpretation of situations involving the accused. His Court room drama was a moving experience.
In the Krope case referred to above, the accused was charged with murdering his father and it was alleged that the deceased was stabbed 27 times. It so happened that the accused was the brother of the then Miss Australia, hence the case attracted enormous publicity. When the defence case commenced, Mr Galbally informed the Judge that he had a witness to call, being the then Miss Australia. Rather than announce her name, he simply informed the Judge that he had a witness to call. The Judge said in front of the jury, “Mr Galbally, who is it?”, and Mr Galbally in a dramatic moment said “I call Miss Australia!”. The jury and packed Court room were staggered by this announcement. The client was ultimately acquitted by way of self-defence.
Another memorable moment involving the preparation of the Krope case was when a view was arranged whereby the judge, prosecution and defence gathered at the home to view the scene where the incident occurred. The view was brought about because the deceased had made a hole whereby he could observe his daughters showering. It was necessary to show how this had occurred. We all gathered in the backyard whereby Mr Galbally and the prosecutor spoke in front of the jury. All of a sudden, the family dog escaped from where he was placed, and rushed at the jury and was barking savagely. I was forced to dive on the dog to restrain the dog and prevent any juror from being attacked. Needless to say, the jury and parties in the case were distracted from observing the premises as they were instructed to.
You have mentored many lawyers throughout your career, with a significant number going on to be appointed Magistrates and Judges. What was your main approach and focus when mentoring lawyers?
Firstly, Mr Nick O’Bryan, the Managing Partner, and his Partners would only select the most skilled lawyers to be privileged enough to work in the firm. However, it was a pleasure dealing with such gifted people. The most fundamental rule is that in the selection process, Mr O’Bryan would demand a level of integrity, honesty and compassion amongst people who joined the firm. The mentoring of the young people who came to the firm, the most fundamental starting point was to emphasise the fact that no criminal lawyer should be judgemental. Most lawyers come from decent backgrounds and were given the appropriate opportunities to pursue a worthwhile career. What needs to be understood is that people (prospective clients) often come from backgrounds of abuse, drug usage, and essentially impoverish backgrounds. We have to understand that to judge such people is indeed very wrong and unfair. All people are entitled to be understood and their backgrounds usually play a significant role in the alleged commission of offences.
Generally, mentoring involves being accessible to advise and encourage, often the people being mentored are already very skilled lawyers but experience can assist young practitioners in honing their advocacy skills. Again, the selection of staff is of vital significance. In our office, we have a very skilled and experienced legal team headed by Mr Paul Galbally, son of the legendary Mr Frank Galbally, and Ms Catherine O’Bryan, both very experienced and talented advocates.
What advice would you give to new lawyers starting out in their legal career?
I would emphasise that preparation for a hearing is of fundamental importance. Apart from researching the law if necessary and interviewing and preparing a case, it is essential that there be access to appropriate agencies to assist clients. This is equally important. For example, drug and alcohol counselling, psychological and psychiatric treatment, and access to medical practitioners. The interview process often includes access to family members or close friends of clients because clients often don’t want to bother or inconvenience people but in general terms, preparation is essential.
The other aspect of importance is acquiring a detailed knowledge of the presiding Judicial Officer, albeit a Judge or Magistrate. Judges and Magistrates are often different to each other and hold different points of view. Knowing the Judge or Magistrate in a professional sense assists the practitioner to gain an insight as to how the bench interprets or thinks about a legal or factual issue. COVID-19 has presented difficulties for everyone, however I always encourage young advocates to observe experienced and skilled practitioners and have assisted many young people in acquiring knowledge of that fact.
What advice would you give to our clients, many of whom find themselves embroiled in matters when they least expect it?
Given the experience and expertise of our lawyers, I would encourage clients to put their trust and faith in our experienced and skilled lawyers. The reputation of our firm would assist clients in having that faith and trust. The main attribute in dealing with the emotional impact on our client is summed up by communication, preparation and above all, understanding their specific problems and needs. Given this, I am confident that our clients would feel at ease and place their trust in our lawyers.