Celebrating and Defending Democracy

A report by Frances Devlin-Glass of the Eureka Democracy Dinner

Eureka Australia

Bernard Collaery. Source: Wikipedia.

The Eureka Australia Dinner on 25 November 2023 was an action-packed event.  The Guest Speaker was Bernard Collaery, formerly Attorney-General of the ACT, but recently charged for defending a whistle-blower under national security laws. In addition, two people received Eureka Democracy Awards: Phillip Moore for his work on the Eureka Australia committee, but also for his work on the Murray Darling Commission, and Hugh de Kretser for his work as a legal advocate for democratic rights. But more about the awardees presently. 

Bernard Collaery was warmly received by a vocal and responsive audience who were switched on to the recent court case in which he was prosecuted under legislation to ‘protect the national interest’ during the Morrison years for defending a whistleblower (‘Witness K’) on espionage charges over East Timorese negotiations over how to carve up oil and gas reserves in the Timor Sea. 

The case, conducted in a closed court, involved the Australian government spying on Timor-Leste government, a near neighbour and a developing country. The case against Collaery and Witness K was dropped by Mark Dreyfus, the Attorney General of the incoming Labor Government, in July 2022 a few months after Albanese’s government came to office.  He regards this as courageous upholding of the law. He had warm words not only for Dreyfus but also for the interventions of Gareth Evans, and made it clear that ASIS, and not ASIO, were the villains in this case. Dropping charges was widely applauded by human rights lawyers and Collaery expressed his gratitude to members of his profession whom he described as standing firmly behind him. Nonetheless, Collaery continues to chafe under continuing suppression orders which make it illegal to reveal matters he considers in the national interest. During his speech, he many times signalled his frustration and indignation at the caveats under which he labours concerning these matters of national significance and advocates much more transparency by both parties in government. He also strongly advocated a return to Justice rather than ‘Black-Letter’ law. There is much more of this story to emerge, it seems, and Collaery struck one as ready and willing to tell it but for the imposition of anti-democratic, non-transparent procedures in courts of law. 

The two awardees of Democracy gongs in 2023 have impressive credentials. Phillip Moore, a fifth-generation Irish-Australian, and formerly the Convenor of the Cultural Heritage Committee of the Celtic Club, was a founder and early leader of Eureka Australia (formerly Eureka’s Children) which aims, in the spirit of the Eureka Rebellion (3 December 1854), to uphold and strengthen democracy in Australia through lectures, presentations, by creating commemorative memorials in Ballarat to educate subsequent generations on the legacy of democracy. In this speech in reply to the citation, Phillip talked about his time as Executive Manager of the Murray-Darling Commission and the ongoing battle for water rights. He explained that this political issue is essentially a democratic struggle, as currently New South Wales is over-allocated water, to the disadvantage of the southern states, most critically to South Australia. His map of the Murray-Darling Basin showed the pivotal role of the Murray-Darling rivers system in watering and keeping fertile a full one-seventh of the continent. Both he and Master of Ceremonies, Michael van Leeuwin stressed the need for constant renewal of the ideals of democracy and its fragile nature, and the fact that it can never be taken for granted.

Hugh de Kretser also has a history of social justice advocacy. Currently Chief Executive Officer of the Yoorrook  Justice Commission, he is working with Indigenous people towards Truth-Telling and Treaty. He commented that this history needs to become every Australian’s history. With a strong background as Executive Director of the Human Rights Law Centre, he has seen action on a wide variety of fronts, including defending the rights of whistle-blowers and asylum seekers, marriage equality, prisoners’ rights, reproductive health rights of women, partnering with Aboriginal and Torres Strait Islander peoples to promote rights, and democratic rights. He spoke stirringly of his work on the Yoorrook Commission and of the good progress being made in Victoria. 48% of his staff are First Nations people. This is a State-based initiative which might do something to salve the grief many of the 40% who voted Yes at the recent defeated referendum on the Voice.

Eureka Australia’s Democracy Dinner was a feel-good event in which the hard triumphs of the spirit of Democracy were celebrated and honoured.

Frances Devlin-Glass

Frances is a member of the Tinteán editorial collective.