Peter Hayes QC died seven years ago in distressing circumstances ... Peter Faris and Isaac Brott were on hand to warn us about the dangers of lawyers taking too many powders ... From Justinian's archive ... June 1, 2007
Peter Hayes: his death brought about a storm of finger-pointing.
THE news that the Melbourne bar n' grill is awash with drugs, booze, egos and hookers caught everyone by surprise.
The death of Peter Hayes QC following a drug romp with a hooker in an Adelaide hotel room brought out the best spirit of the VicBar.
The helpful Peter Faris was to the fore with the assertion that the bar council was in a state of denial about drug infused barristers.
Solicitor Isaac Brott went in harder, saying that Hayesy was a drug addict.
No one who has spoken-up has actually seen Hayes ingesting drugs - but this scarcely matters since he appeared to behave "erratically" and was "highly eccentric".
Another unnamed barrister told the press that Hayes was "seriously bipolar".
Sir Lorenzo Street thought that Hayes was "unpredictable in court".
He assumed it was just part of his forensic style and never attributed it to drugs. In fact, he had never seen a barrister under the influence of drugs, ever.
It gets better. The VicBar ethics committee did not investigate a complaint Brott made two years ago about the pill-popping Hayes because the allegations amounted to "conjecture".
Brott says that decision might have cost Hayes his life ... if only they'd listened to Isaac.
A hospital worker from Adelaide stepped forward with "a leak from Hayes treatment file", saying that the "flamboyant" silk tested positive to levels of cocaine and heroin.
Legal ethicist Ysaiah (formerly Stan) Ross, called for random drug tests for lawyers.
The following week the former Stan was calling on lawyers to have a proper dob-in-a-colleague scheme, since substance abuse has "brought the profession into disrepute".
Legal affairs scribbler Chris Merritt also called for formal health surveys for members of the profession.
He went on to say that Hayes was a "drug-using loon" and that his case just shows that the entire silk system is a "sick joke".
Ethicist Ross managed to point to three serious drug related cases affecting lawyers in the last six years: Andrew Fraser, David Quick and now Peter Hayes.
It is to be hoped this outburst of finger pointing and outrage doesn't mean that lawyers will be banned from mucking around in hotel rooms with pills, liquor and other entertainments.
Fortunately, the profession has had self-effacing types such as Peter Faris and Isaac Brott to show the way on this vital issue.
While The Australian was pushing Brott as an exemplar of legal virtue, The Financial Review had to point out his string of runs-ins with the stipes, including: a conflict of interest in the sale of a client's property; setting aside an unreasonable costs agreement; his successful appeal against a conviction for forgery; plus further matters still before VCAT, including accepting instructions from someone allegedly incapable of giving instructions.
My own feeling is that there would be few better ways to shuffle off the mortal coil that with a cocktail of sex and drugs.
It was left to Melbourne business identity Mick Gatto to show some respect. In a death notice in the Hun, Gatto said of Hayes:
"An absolute gentleman. Your support in hard times has not gone forgotten. Condolences to the family. Rest in peace."
Note.
In February 2011, Brotty was put off the track for eight years, following a finding of four charges of misconduct.
We reported the sale of his digs in the city.
By October 2007 Faris had torn-up his bar membership ticket.
He was upset that the ethics committee has asked him to defend his remarks in May, following the death of Peter Hayes, that drug use at the bar was rife and that the bar council was in a state of denial about it.
Faris says that not only is he a barrister but he is a "journalist and media commentator" and he has a right to free speech.