Jay Williams

Jay Williams is the barrister appearing for some of the asylum seekers on Manus Island ... He's been representing them before a court of inquiry into alleged human rights abuses ... Deported by the PNG government ... Further proceedings pending ... From Melbourne to the Sydney bar via Arnhem Land with Immanuel Kant in his back pocket ... Now he's on Justinian's couch 

Jay Williams - leaving Manus with evidence about human rights abuses

Jay Williams was educated at the University of Melbourne majoring in political science and social theory, from which he has not quite recovered.

He then went to Kakadu National Park to conduct a social impact study of the uranium mines on the local Indigenous people.

Williams went AWOL in Arnhem Land, where he spent five years living off the land and studying traditonal law, culture and ceremony.

Ultimately realising he was more Jane than Tarzan he came to Sydney, studying a Master of Laws and legal practice at UTS, where he worked as researcher on a major study, The Impact of Climate Change on Indigenous People - The Implications for the Cultural, Spiritual, Economic and Legal Rights of Indigenous People, subsequently published in the International Journal of Human Rights.

After a stint at Redfern Legal Centre and working as a research coordinator for the Shadow Report on the UN Convention of the Rights of Person with Disabilities, Williams went to the bar.

He's not sure he could say he was "called" and readily admits that he doesnt quite know what he is doing. 

He's been representing, at a PNG human rights inquiry, a group of 75 detainees at the refugee processing centre on Manus Island, until he was ejected by the PNG government in late March. 

He's now on Justinian's couch, trying to explain himself ... 

Describe yourself in three words.

Willing to change.  

What are you currently reading? 

"The Quiet American" - Graham Greene. 

What is your favourite film? 

"American Hustle" ...  "True Detective" - cannot get enough of it. 

What is your favourite piece of music?

Elgar's Cello Concerto in E Minor by Jacqueline du Pre. 

Who has been the most influential person in your life ... and why? 

Personally - my wife. Professionally - my inspirational, witty and slighly unhinged friends at the NSW Bar - it is an amazing place. Philosophically - Immanual Kant - "An Idea for a Universal History with a Cosmopolitan Purpose," 1784.

What is in your refrigerator? 

Chocolate ... beer ... vino ... Scotch ... staples. What else is there?

What is your favourite website?

You Only Live Once. 

If you were on death row, what would be your request for your last meal? 

After two weeks in PNG - beetle nut. 

What words or phrases do you overuse?

"Your Honour - if I may have a moment."

Was there an important opportunity that you didn't take ... and if so what was it?

Leaving PNG when I had a chance.

Why did you want to be a barrister? 

I would like to say the pursuit of justice - but I sense Rake had a bit to do with it.

What did your work on Manus Island involve? 

I sought leave and was granted orders to represent the "Group of 75 Detainees" before the National Court Inquiry PNG into the Alleged Violation of Human Rights presided by Justice Cannings.

I was also acting as an Australian lawyer seeking instructions for Australian actions. 

What will happen to the evidence you collected on behalf of Justice Cannings' human rights investigation? 

On April 15, 2014, the Second National Court Inquiry PNG by Justice Cannings will hear applications for contempt of court charges against the PNG Minister of Immigration for allegedly ejecting the public solicitor and myself from the camp and from PNG in breach of court orders.

If that succeeds, I hope to be granted leave to appear and present the evidence to the Inquiry. 

If the First and Second Inquiries are stayed, the "Group of 75 Detainees" have commenced action off their own motion, which will rely on that evidence.

In Australia formal complaints to the AHRC and the UNHCR and the Senate Inquiry are underway.

Hopefully the evidence will find its way before a court or inquiry. 

What did you discover about the plight of asylum seekers on Manus Island, and will their claims be properly processed? 

The Barristers Rules prevent me from commenting in terms of my own personal views.

However, in the writ of summons filed in PNG, it is alleged by the group of 75 detainees that the PNG and Australia governments have committed high international crimes - in particular:

1. The plaintiffs claim they were forcibly deported in violation of Article 7 – Crimes Against Humanity - of the Rome Statute of the International Criminal Court.

2. The plaintiffs claim they are arbitrarily and indefinitely detained.

3. The plaintiffs claim they are detained in torturous, inhuman and degrading conditions.

4. The plaintiffs claim they are detained without access to legal representation, judicial review or a fair hearing.

5. The plaintiffs claim they have suffered serious and profound harm as a result of the alleged malfeasance by the Australian and PNG governments.

Is there much potential for the development of a larger human rights jurisprudence in Australia? 

No, no, no. Why do we need human rights? What are human rights? The Diceyan model of trusting pollies with our rights has clearly served us well! 

We just have to look at the attacks on the right to silence, the presumption of innocence, natural justice, not to mention the anti-terror laws, the third world conditions of indigenous Australia, gay and lesbian marriage inequality, the inhumane and degrading treatment of asylum seekers and the degradation of the environment.

Seriously, I am not sure there has been a more dire period for the protection of human rights - defined by the willingness of the executive to interfere with the independence of the judiciary.

In my humble opinion - there is an urgent need for human rights reform in Australia. Central to this - is the creation of an Australian Charter of Human Rights and Freedoms and an Australian Court for Human Rights to uphold and protect those rights.

Until then, we remain a mere antipodean backwater for rights and freedoms and legally, politically and culturally diminished as a people. 

If you were a foodstuff, what would you be?

To be incredibly self indulgent - I really would like Heston Blumenthal to have his way with me and whip me into a feast of culinary alchemy.

I am thinking along the lines of Mary Shelley's dialectic of enlightenment - Frankenstein - as the true offspring of western modernity on the hand, and the monster of western nihilism, on the other.

In reality - probably bangers and mash with a generous serving of gravy. 

What human quality do you most distrust?

The self-intoxicating and illusionary lure of primary narcissism and economic fetish - oh the sweet, sweet, sweet delusions of grandeur. 

What would you change about Australia?

I would be in favour of minor political change, subtle changes, minimal reform - such as a new Constitution, a democratically elected head of state, a treaty of reconciliation, and an Australian Charter of Human Rights and Freedoms. Perhaps a fair and equitable distribution of the economic cake - we might even think about our humanitarian obligations and the protection of the environment? Don't get me started ... 

Seriously - it's about time we had a Republic - don't you think?

What would your epitaph say?

It would have to be something in the spirit of real politik like, "Slaves of the free world - rise up - rise up!" - with a fist clenched coming through the earth and a broken tape recording, playing in the background, of Hawkey singing "Solidarity Forever" - beer in hand, of course.

Viva la revolution. Viva la revolution - in the finest traditions of Australiana. 

What comes into your mind when you shut your eyes and think of the word "law"? 

Lady Justice, soaring high as the ICC at the Hague hands down findings of crimes against humanity for the mistreatment of asylum seekers. I have a bit of a crush - she works in mysterious ways.