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Lawyers Weekly
IN HIS judgment on the C7 case, Justice Ron Sackville pondered what would happen “in the event of the death or serious illness or injury of a trial judge (for example, by falling off a…
IN HIS judgment on the C7 case, Justice Ron Sackville pondered what would happen “in the event of the death or serious illness or injury of a trial judge (for example, by falling off a ladder)”.
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The reason for the morbid musing was an incident the Justice described on day 104 of the trial.
Noel Hutley for News Ltd had said: “The worst thing that can happen in this case is that the timetable breaks down.”
His Honour: “The worst thing that can happen in this case is that the judge breaks down.”
Hutley: “Your Honour looks in glowing health. We check every morning.”
His Honour: “On January 1, 2006, Mr Hutley, when the temperature was 45 degrees, I climbed up on a ladder in order to clear the garage of our holiday home from leaves.”
Hutley: “You should have told us, your Honour, we would have done it.”
His Honour: “The bushfires were raging four or five kilometres away, so I did what every sensible home owner does, get up in the heat; and I fell and knocked myself unconscious and spent an evening in Gosford Hospital. I was unconscious for about 20 minutes and, when I came to my senses, the very first thought that crossed my mind was, ‘can I remember anything about the C7 case?’
“Unfortunately the answer was yes. It only goes to show, Mr Hutley the fragility of human existence.”
