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1 correction by noelwoodhouse - Show corrections

JUDICIARY DEFENDED

Judge Brennan Replies to

Dr Ellery

"There is no such person as an unbiassed judge. Every judgement by a judge is tainted by inhibitions and conflict which arise in his sub- conscious mind. When he punishes a criminal he is punishing some- thing criminal in his own mind. The severity of the sentence a judge imposes is the measure of the punishment necessary to sup- port his own self-respect "

"These are statements alleged to have been voiced by Dr H. Ellery, of Melbourne, in an address on crime and delinquency to the medical sociology section of the British Medical Associa- tion's conference," remarked Mr Justice Brennan yesterday.

" I presume this gentleman is seek- ing publicity in order to justify some idea of becoming a specialist in a de- finite branch of the medical profession. It is fortunate for Dr Ellery to be as- sociated with the medical profession, because had he pursued a legal course his warped idea of a judicial mind would have left him with a big army on a waiting list for recognition in an exalted profession requiring logic for

success.

"The judiciary is composed of men who are expected to adjudicate with an untrammelled mind, and who are cap- able of doing so, and to suggest that a judge, to save his own self-respect, imposed a certain measure of punish- ment must surely expose Dr Ellery's thoughtless statements."    

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