John Marsden (lawyer)
Encyclopedia
John Marsden was a prominent Sydney
-based Australia
n solicitor
and former President of the Law Society of New South Wales
. He was known for his high-profile clients, his gay rights activism, and his victory in a defamation action against the Seven Network
.
, graduating in 1966.
After completing his Bachelor of Laws
, Marsden established Marsdens, a law firm in Campbelltown
. The firm grew from Marsden as a sole practitioner to being among the largest law firms in the Sydney
area. Marsden was a prominent resident of Campbelltown throughout his life and was often quoted as saying "There are two great cities in the world - Rome
and Campbelltown."
Marsden held a number of prominent positions throughout his career including President of the Law Society of New South Wales, President of the New South Wales Council for Civil Liberties and member of the New South Wales Police
Board.
Ivan Milat
. Marsden had a long association with the Milat family and had successfully represented Ivan Milat on charges of rape
in the 1970s. Milat sacked Masrsden shortly after being arrested in 1994 for the backpacker murders
.
In 2005, after falling ill with cancer, Marsden indicated his belief that Milat had had an accomplice, and expressed some regrets about his success in helping Milat avoid conviction on the earlier rape charges. He recounted an incident that had happened during trial on those charges: after the first day in court, during which Milat appeared likely to be convicted, Marsden - then a closeted
homosexual - went to a gay bar
and noticed the two alleged victims there. The next day in court he outed
them as lesbian
s and relied on the jury's prejudices to attack their credibility and win acquittal for Milat.
's defence team. Marsden was receiving treatment for stomach cancer at the time, and it is unclear how active his involvement in the case was; the trial was still ongoing at the time of Marsden's death.
MP
Deirdre Grusovin, speaking under parliamentary privilege
, accused Marsden of having sex with minors. In 1995 and 1996, the Seven Network's shows 'Today Tonight' and 'Witness' also aired allegations of having sex with minors against Marsden. In response, Marsden described himself as a "promiscuous homosexual" but denied allegations of paedophilia. Channel Seven produced witnesses who claimed to have sex with Marsden while underage, but many were discredited by errors on points of fact, such as the type of house Marsden lived in and, in one case, whether he was circumcised
.
In 2001, after 214 days of hearings, Justice David Levine ruled that Seven had failed to prove its allegations of child sexual abuse. Marsden was awarded $525,000 in damages
and legal costs, much less than Marsden's actual costs which have been estimated at around $6 million; Seven's own costs at that stage were estimated at $10–12 million.
Although Levine ruled in Marsden's favour on the allegations of child sexual abuse, his findings were deeply critical of Marsden in other regards. He found that Marsden had lied about several issues in the trial, notably his role in drafting a statutory declaration
by one of the witnesses. He also found that on the balance of probabilities, Marsden had used convicted rapist and murderer Les Murphy
to persuade a witness to change his position, and had probably persuaded two other witnesses to influence another. According to then Sydney Star Observer
editor Marcus O'Donnell, Marsden asked the Observer to publish the names of one of the prosecution witnesses, when there was a suppression order given on the grounds that the witness's life would be in danger if the name were published.
Legal commentator Richard Ackland described the case as "probably the biggest piece of civil litigation NSW has seen for many years... without doubt the largest, longest and most comprehensive defamation case in the history of Australia. And probably one of the biggest in the history of the common law world."
In 2002, the NSW Court of Appeal ruled that the compensation payout should have included consideration for hurt feelings, and ordered a new trial on damages. Marsden and Seven subsequently came to a confidential out-of-court settlement, estimated by various parties as anywhere from $6 million to $9 million.
on 17 May 2006, attended on his last night by two Australian Catholic clergy, Father Peter Confeggi, a long-time personal friend, and Father Gerald Iverson. He had been battling the disease for four years. He was buried, according to his wishes, in a solemn Catholic Requiem Mass at St John's Church, Campbelltown - his home city. Five hundred mourners attended, among them former Prime Minister of Australia
Gough Whitlam
, and the eulogy was delivered by Justice of the High Court of Australia
Michael Kirby, who spoke of Marsden as a pioneer for openly gay people in the law. He left part of his estate to gay and lesbian organisations and to the City of Campbelltown.
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
-based Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
and former President of the Law Society of New South Wales
Law Society of New South Wales
The Law Society of New South Wales is a professional association for solicitors in Australia. The Society has statutory powers and regulates the practice of law in New South Wales. The Society reported a membership of 21,000 members as of October 2010....
. He was known for his high-profile clients, his gay rights activism, and his victory in a defamation action against the Seven Network
Seven Network
The Seven Network is an Australian television network owned by Seven West Media Limited. It dates back to 4 November 1956, when the first stations on the VHF7 frequency were established in Melbourne and Sydney.It is currently the second largest network in the country in terms of population reach...
.
Early life and career
Marsden attended St John's Preparatory College in Campbelltown and St Joseph's College, Hunters Hill, before entering a seminary to study for the priesthood. After deciding the priesthood was not for him, he completed a law degree at the University of SydneyUniversity of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
, graduating in 1966.
After completing his Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
, Marsden established Marsdens, a law firm in Campbelltown
Campbelltown, New South Wales
Campbelltown is a suburb in south-western Sydney, in the state of New South Wales, Australia. Campbelltown is located 51 kilometres south-west of the Sydney central business district and is the administrative centre for the local government area of the City of Campbelltown.- History :Campbelltown...
. The firm grew from Marsden as a sole practitioner to being among the largest law firms in the Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
area. Marsden was a prominent resident of Campbelltown throughout his life and was often quoted as saying "There are two great cities in the world - Rome
Rome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
and Campbelltown."
Marsden held a number of prominent positions throughout his career including President of the Law Society of New South Wales, President of the New South Wales Council for Civil Liberties and member of the New South Wales Police
New South Wales Police
The New South Wales Police Force is the primary law enforcement agency in the State of New South Wales, Australia. It is an agency of the Government of New South Wales within the New South Wales Ministry for Police...
Board.
Ivan Milat
One of Marsden's client was serial killerSerial killer
A serial killer, as typically defined, is an individual who has murdered three or more people over a period of more than a month, with down time between the murders, and whose motivation for killing is usually based on psychological gratification...
Ivan Milat
Backpacker murders
The Backpacker Murders is a name given to serial killings that occurred in New South Wales, Australia during the 1990s. The bodies of seven missing young people aged 19 to 22 were discovered partly buried in the Belanglo State Forest, south west of the New South Wales town of Berrima...
. Marsden had a long association with the Milat family and had successfully represented Ivan Milat on charges of rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
in the 1970s. Milat sacked Masrsden shortly after being arrested in 1994 for the backpacker murders
Backpacker murders
The Backpacker Murders is a name given to serial killings that occurred in New South Wales, Australia during the 1990s. The bodies of seven missing young people aged 19 to 22 were discovered partly buried in the Belanglo State Forest, south west of the New South Wales town of Berrima...
.
In 2005, after falling ill with cancer, Marsden indicated his belief that Milat had had an accomplice, and expressed some regrets about his success in helping Milat avoid conviction on the earlier rape charges. He recounted an incident that had happened during trial on those charges: after the first day in court, during which Milat appeared likely to be convicted, Marsden - then a closeted
The Closet
The Closet may refer to:* The Closet , Chinese film* The Closet , French film* The closet, referring to undisclosed homosexuality- See also :* Closet* Closet * In the closet...
homosexual - went to a gay bar
Gay bar
A gay bar is a drinking establishment that caters to an exclusively or predominantly gay, lesbian, bisexual, and transgender clientele; the term gay is used as a broadly inclusive concept for LGBT and queer communities...
and noticed the two alleged victims there. The next day in court he outed
Outing
Outing is the act of disclosing a gay, lesbian, bisexual or transgender person's true sexual orientation or gender identity without that person's consent. Outing gives rise to issues of privacy, choice, hypocrisy, and harm in addition to sparking debate on what constitutes common good in efforts...
them as lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
s and relied on the jury's prejudices to attack their credibility and win acquittal for Milat.
Saddam Hussein
In 2004, Marsden accepted British/Italian lawyer Giovanni di Stefano's invitation to join Saddam HusseinSaddam Hussein
Saddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...
's defence team. Marsden was receiving treatment for stomach cancer at the time, and it is unclear how active his involvement in the case was; the trial was still ongoing at the time of Marsden's death.
Seven Network defamation incident
In 1994 New South WalesNew South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
Deirdre Grusovin, speaking under parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
, accused Marsden of having sex with minors. In 1995 and 1996, the Seven Network's shows 'Today Tonight' and 'Witness' also aired allegations of having sex with minors against Marsden. In response, Marsden described himself as a "promiscuous homosexual" but denied allegations of paedophilia. Channel Seven produced witnesses who claimed to have sex with Marsden while underage, but many were discredited by errors on points of fact, such as the type of house Marsden lived in and, in one case, whether he was circumcised
Circumcision
Male circumcision is the surgical removal of some or all of the foreskin from the penis. The word "circumcision" comes from Latin and ....
.
In 2001, after 214 days of hearings, Justice David Levine ruled that Seven had failed to prove its allegations of child sexual abuse. Marsden was awarded $525,000 in damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
and legal costs, much less than Marsden's actual costs which have been estimated at around $6 million; Seven's own costs at that stage were estimated at $10–12 million.
Although Levine ruled in Marsden's favour on the allegations of child sexual abuse, his findings were deeply critical of Marsden in other regards. He found that Marsden had lied about several issues in the trial, notably his role in drafting a statutory declaration
Statutory declaration
A statutory declaration is a legal document defined under the law of certain Commonwealth nations. It is similar to a statement made under oath, however, it is not sworn....
by one of the witnesses. He also found that on the balance of probabilities, Marsden had used convicted rapist and murderer Les Murphy
Anita Cobby murder
Anita Lorraine Cobby was an Australian registered nurse and beauty pageant winner. At 26 years old, she was abducted from Blacktown, and raped and murdered at nearby Prospect, on the evening of 2 February 1986...
to persuade a witness to change his position, and had probably persuaded two other witnesses to influence another. According to then Sydney Star Observer
Sydney Star Observer
The Sydney Star Observer is a free weekly tabloid and online newspaper that caters to the lesbian, gay, bisexual and transgender community in Sydney, New South Wales, Australia. The paper is owned and published by Gay & Lesbian Community Publishing Limited, a community-owned and oriented business...
editor Marcus O'Donnell, Marsden asked the Observer to publish the names of one of the prosecution witnesses, when there was a suppression order given on the grounds that the witness's life would be in danger if the name were published.
Legal commentator Richard Ackland described the case as "probably the biggest piece of civil litigation NSW has seen for many years... without doubt the largest, longest and most comprehensive defamation case in the history of Australia. And probably one of the biggest in the history of the common law world."
In 2002, the NSW Court of Appeal ruled that the compensation payout should have included consideration for hurt feelings, and ordered a new trial on damages. Marsden and Seven subsequently came to a confidential out-of-court settlement, estimated by various parties as anywhere from $6 million to $9 million.
Illness and death
Marsden died of stomach cancer while on holiday in TurkeyTurkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
on 17 May 2006, attended on his last night by two Australian Catholic clergy, Father Peter Confeggi, a long-time personal friend, and Father Gerald Iverson. He had been battling the disease for four years. He was buried, according to his wishes, in a solemn Catholic Requiem Mass at St John's Church, Campbelltown - his home city. Five hundred mourners attended, among them former Prime Minister of Australia
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
Gough Whitlam
Gough Whitlam
Edward Gough Whitlam, AC, QC , known as Gough Whitlam , served as the 21st Prime Minister of Australia. Whitlam led the Australian Labor Party to power at the 1972 election and retained government at the 1974 election, before being dismissed by Governor-General Sir John Kerr at the climax of the...
, and the eulogy was delivered by Justice of the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
Michael Kirby, who spoke of Marsden as a pioneer for openly gay people in the law. He left part of his estate to gay and lesbian organisations and to the City of Campbelltown.