03/15/2002 "Indignation and support from all sides "

Indignation and support from all sides
- By Linda Doherty (Syd Morning Herald)

Politicians, legal and gay rights groups yesterday rallied behind Michael Kirby, expressing outrage that the High Court judge's reputation had been attacked under the protection of parliamentary privilege.

In the strongest political support from the Federal Government, the Foreign Minister, Alexander Downer, said he had enjoyed a "friendly relationship" with Justice Kirby for many years and had "never heard of him behaving in any improper way".

He warned that the system of parliamentary privilege used by Senator Bill Heffernan to launch his extraordinary attack on the judge also implied responsibility.

"If you are going to attack people who are outside of the political sphere, it's very important to have evidence to back that up," he said.

The Opposition Leader, Simon Crean, denounced the "outrageous" use of parliamentary privilege and said the Prime Minister should sack Senator Heffernan as cabinet secretary.

"This is a guy that has been known to make these allegations before; what he's got to do is to put up ...," Mr Crean said on Melbourne radio.

"Serious allegations like this should be pursued through the appropriate authorities."

The Democrats' spokesman on law and justice, Brian Grieg, raised the idea that Senator Heffernan's outburst was part of a Government move to divert attention from the Governor-General and "children overboard" controversies.

"I think it's no accident that Senator Heffernan chose the wee hours of last night ... to throw his slanderous hand grenade into the Senate," he said.

The Greens' leader, Senator Bob Brown, last night moved a motion of "profound apology" to Justice Kirby. The motion will be debated today.

The Sydney Labor MP, Tanya Plibersek, said this "character assassination" reflected on every gay man in Australia.

"Senator Heffernan has repeated claims which have been investigated and dismissed by the NSW police. If he has any additional information, he should provide it to police," she said.

The Law Council of Australia said it had full confidence in Justice Kirby and called on Senator Heffernan to take "any substantive allegations" to the Attorney-General, Daryl Williams.

The council had "full confidence" in the judge who, over a long and outstanding career, had "always maintained the highest standards of judicial behaviour".

The NSW Law Society president, Kim Cull, said the cowardly attack had the potential to ruin Justice Kirby's outstanding career.

Several groups raised concerns that the attack would slur all gay and lesbian people.

The president of the NSW Young Democrats, Matthew Bogunovich, said

sexuality had become "a valid tool in political warfare" for the Coalition.

Senator Heffernan "very clearly has an unnatural obsession with the thought of two men in sexual engagement", he said.

The Tasmanian Gay and Lesbian Rights Group's spokesman, Rodney Croome, said the accusations were inspired by homophobia against a judge who had been a compelling advocate against "bigotry, repression and ignorance".

Meanwhile, the South Australian Young Liberals will this weekend debate four motions supporting gay rights.