Suzie Miller
Tuesday, August 1, 2023
Justinian in On the Couch, Suzie Miller

A writer on fire ... New plays, TV series, films and a novel ... The lawyer turned playwright ... The importance of Prima Facie ... Sexual assault trials ... Violence in the prison system ... The sport of arguing ... On the Couch with Suzie Miller 

The stars of Prima Facie: Suzie Miller and Jodie Comer

Suzie Miller is Australia's most successful contemporary international playwright and screen writer. Her one woman show Prima Facie took the theatre by storm in Sydney, London and New York. 

Currently her searing play Jailbaby, about prison violence and rape, is performing at the Griffin Theatre, Sydney. 

She's on Justinian's Couch talking about her work as a lawyer, letting the creative poppies bloom, arguments, and how she got to where she has landed. 

Describe yourself in three words.

Passionate. Creative. Curious.

What are you currently reading?

"365 Days 365 Plays" by Suzan-Lori Parks; "Oh William!" By Elizabeth Strout; "Kunstlers in Paradise" by Cathleen Schine.  

Who would you like to play you in a drama about your life? 

Shira Haas. 

When you are working where are you happiest - in Sydney, London or somewhere else? 

London. It's my working paradise.

Post show in New York is the best work party space.

In my study in Sydney with my family around me.

Who has had the most influence on your writing?

Playwrights: David Harrower, Caryl Churchill, Dennis Kelly, Novelists: David Grossman, Amy Bloom. 

What was the moment you knew you were a playwright - disguised as a lawyer? 

When I had the choice between being attached to the National Theatre in London OR the offer of a job as a magistrate.

What are you working on now? 

A new play for the National Theatre in London, a new play for a New York theatre, five different TV series as creator/writer and two films as writer. Oh, and my novel is about to come out.

What do you consider to be the most important of your works, and why? 

"Prima Facie" - it seemed to hit a nerve and start conversations. Women have written to me from all over the globe.

"Caress/Ache" - during lockdown people talked about this play even though they had seen it some five years before - the play is about touch and how it communicates things that cannot be said with words. 

Why did you change from studying microbiology to law? 

I was doing my honours year in a lab, immunology and microbiology; Chernobyl exploded, and I looked up from my microscope horrified about what this meant for people in the zone. The other scientists all looked back down into the microscopes. I was offered a position on the PhD program yet, in that minute, I knew I needed to have a much more human, people-focused profession. Law seemed like the best version of that - besides I loved the idea of court work.

As a lawyer what was your most memorable case? 

So many.

But I had a criminal case where a young sex worker with a large amount of money was searched then arrested under the assumption that the cash she carried was too much for her to have earned, and must have been stolen. I defended her and called an older sex worker to give expert evidence on off-the-books earnings. I also cross-examined the arresting police officer as to how he thinks he knows how much she would earn off-book in a brothel – he would only know this information correctly if he was a client - which, of course, he denied. The public gallery was filled with onlookers including a bunch of young policemen all snickering and joking about. We won. My young client called it the girls against the boys, with the girls winning. 

Another one was for the Aboriginal mother of a young boy who died in custody, she was mourning the loss in a Redfern park with friends and the police arrested her. I had a massive migraine so couldn't read my notes but got her off and raged against the police officers because they knew what date it was, and what she was mourning. It felt like such a provocative act.

What do you think needs to be done to improve the trial process for sexual assault cases?

There are two things. 

One: the lived experience of sexual assault needs to be taken into account. 

Two: there needs to be alternatives to the criminal justice system - a victim-lead response. Often women don't come forward because they don't want a jail outcome for the defendant, they want vindication and a change.

Do you think there's a play to be written about the Brittany Higgins case? 

I think there is a play, series and articles that need to be written about this case. I was even asked about it in New York when I was interviewed by CBS. If we don't get the forum right in the law for sexual assault cases to be tried, then communities try people outside of the courts and in the media. The system needs to have a more appropriate forum.

How come the prison authorities are not held to account for the violence and abuse within the system? 

Very good question. Perhaps in our capitalist and money centred community it takes more than community expectations of human rights to be upheld, what we need is to motivate systems with the threat of civil action and payment of huge compensation to make a difference. 

Ultimately the reality is that people in prison have so little power, so little capacity to take these actions – if we are going to jail people, lock them up and expose them to state sanctioned torture, then it is we the people who make up the state who must advocate and make change. Why don't we? A good question – we always assume it won't be our people, our children.

What words or phrases do you overuse?

I overuse an exclamation point! 

What is your greatest weakness?

I love to be with people, to hang out and talk through ideas and experiences - it limits my time writing.

I'm tough in an argument - I think my court skills come up - my husband says I can argue for any side like it is some sort of sport; and my kids think I can win even when I'm wrong. Some skills should not be used in personal situations.

If you were a foodstuff, what would you be? 

A juicy yellow/orange mango.

What human quality do you most distrust?

Arrogance. 

What would you change about Australia?

That Australians would see we have incredible talent here, and to stop attacking those who are the tall poppies. I wish they could celebrate other Australians who are prepared to peek above the parapet rather than wanting to bring them down. We should be encouraging our great minds, great scientists, great thinkers - or we lose them to places that do.

Whom or what do you consider overrated?

Ice cream. 

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

Complex, interesting ideas and people. Conflicts and tools for change. Human rights and its pursuit. Suits and ties. Courtroom antics. Loyalty of my friends in law. 

 

Article originally appeared on Justinian: Australian legal magazine. News on lawyers and the law (https://justinian.com.au/).
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