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Byron Shire
December 9, 2024

Like a bird, on a wire

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Former Magistrate David Heilpern. Photo David Lowe.

Saturday – 4am. It’s a big week. 

On Thursday I delivered the Hal Wootten Lecture at the University of NSW*. I’ve got this column due today. 

On Sunday I’m speaking at the Bob Brown gig, and then on Monday I have been anointed with one of the coveted tickets to the NSW Drug Summit. It will be my 14th enquiry on drugs. It is hard to see what the Lismore forum will actually achieve given that the premier has ruled so much out, and this ground has been covered so well by other enquiries, and postponing it so long as they have means that the electoral cycle conspires against change. 

I fear it is just another talkfest in a long line of bullshit tick-a-box window-dressing talkfests. 

It is difficult to imagine that little old me speaking out about old growth forests for the 300th time is going to improve things, given that the Koala National Park is likely to have the guts logged out of it before it is proclaimed. 

The ALP seems captivated by the F in the CFMEU, and people I trusted who have looked me in the eye and sworn to protect habitat have betrayed the furry, feathered, winged, legged, leaved and barked. 

And all of us. I mean what can I say – ‘FFS stop it’?

And for the lecture in Sydney, probably the biggest deal talk of my career, I waxed lyrical about over-representation of Aboriginal people in prison, victims’ rights in a post-Lehrmann world, mushroom law reform and (yes, you guessed it) drug driving. 

With a dash of Palestinian rights too. The nodding and clapping was pleasant, I guess. I’m pretty certain that in ten years’ time, no matter what I do or say, First Nations people will still be the most imprisoned race in the world, reporting sexual assault will decrease in the face of the erosion of victims’ rights nursed by Murdoch-style blind justice and medicinal cannabis drivers will still be persecuted. I see no bright lights in the Palestinian journey either. Does anyone?

So why do it? Why do any of us do it? What’s the point? I ask this in the face of a friend’s recent diagnosis of advanced cancer, and her rapid propulsion toward death. 

Her imminent and eminent passing reinforces viscerally the fantasy of immortality, the transient nature of life itself and the echo chamber of ego and outspokenness. 

Why not just retire to silence and tick a few things off the bucket list, I ask myself as I hug a loved one, gasp at sculptures by the sea and gawk at a whale. 

For me, and I judge not others, that alternative just won’t wash. 

What is a travel bucket list but a set of dollar bucks flash spending external stimulatory experiences based around selfishness and carbon-hungry flights? 

Death voids lists anyway, mate. 

What is retiring into silence, but a forlorn hope that the woes of the world can be blanked out by curtains, spy novels, anaesthetic drug use and the off button on the iPad? And then you die. What is hopelessness but an acceptance of bland? Gratefulness does not excuse inaction. 

Hal Wootten address 

I wrote in the Hal Wootten address that the inability to rest easy in the face of inequity is a blessing and a curse. 

And that it hurts, physically and mentally. Sometimes I look on at those who detach themselves from the cares of others with envy and wonder. How do they do it? Can I drink from that tap?

Previous deliverers of the Hal Wootten lecture have included my heroes Albie Sachs and Jennifer Robinson. Cushioned between the old warrior, and the young blood, I know that continue I must.

I was asked at a leadership forum if there was something I wish I had known earlier in my career. 

Vulnerably pessimistic 

I said that there was – that exposing vulnerability was a sign of strength, not weakness, and that it brought out the best in others. 

Well, I’m feeling vulnerably pessimistic about just about everything from climate change to the Middle East. And please don’t say the word Trump. 

But, nevertheless, I will keep on keeping on, frantically hoping that my efforts will result in something other than just salving my melancholic searing burn. It is exhausting and a rollercoaster but there are lots of laughs on the way, and I share the stage with awesome conspirators and receive more fan mail than hate mail. Actually, that is probably untrue. 

So, metaphorically I hold the hand of my dying friend, herself a battler, spiritual warrior and healer. I imagine her shooing me out the door: ‘Go forth and spew truth as best you can. For on your death bed at least you can say to yourself and your god that you tried, in your own way, to be free’. 

*David’s Hal Wootten Lecture 2024 is available at www.unsw.edu.au/law-justice/news-events/events/annual-hal-wootten-lecture.

Professor David Heilpern is a former magistrate and is now Dean of Law at SCU.


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6 COMMENTS

  1. So, metaphorically I hold the hand of my dying friend, herself a battler, spiritual warrior and healer. I imagine her shooing me out the door: ‘Go forth and spew truth as best you can. For on your death bed at least you can say to yourself and your god that you tried, in your own way, to be free’.
    Thanks David, I needed that

  2. Thank you David for your tireless work. We all need to focus on the positives, and I am sure you have made the most wonderful of friendships over the years with your work and your efforts.

  3. Thank you David, for your carefully considered words describing your current self-reflective thinking.

    In response, I want to say this… You can’t get properly close to another human without there being some vulnerability involved in the process of getting properly close, and if we don’t get properly close, then we cannot shape each other in constructive and positive ways.

    On the one hand, being a realist might be a suitable position to take for a geopolitical analysis. On the other hand being a nihilist might be appropriate for giving up on meaningless box-ticking and window-dressing.

    But you, David, I believe from what I have read of your writing, are neither one nor the other. Somewhere in between the realism and the nihilism is your unique humanism. I’m not saying that you’re a devotee of humanist philosophy – I’m just rather clumsily trying to say that your humanity is inspiring to me and I’m sure many others.

    Thank you, again.
    Greg (from Grafton)

  4. Thank you David. Beautifully written piece this. You need to write more. I feel your angst about growing old with so much more to do. But the Dalai Lama gave me the best advice on how to cope. When asked “What is the meaning of life?”, he paused, then said “To be happy and to be useful!”. Couldn’t have said it better myself.

  5. Thank you David and please keep speaking up to protect habitat. The leafy, furry and feathered need us to keep on. I hope your fan mail increases!

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