Four-letter fury
Throughout the 1960s the march of technology inched forward. In the Magistrates Courts, audio recording was gradually adopted as the method of gathering transcripts of court proceedings, replacing the Remington noiseless typewriter and five copies of typewritten evidence. Obviously the new technology was first introduced where it would do the most good for the greatest number–Brisbane, then the major provincial cities (known in Magistrates Courts terminology as ‘the Div 1 towns’*), while other towns with smaller populations were down the pecking order.
Junior counsel in Brisbane were, by and large, unused to having to speak at the typing speed of a depositions clerk, albeit a very fast and accurate one. Older counsel, brought up on the typewritten recording of evidence, took it in their collective stride.
One junior counsel found himself briefed for the complainant in what was euphemistically referred to in the 1960s as ‘an affiliation matter’ (which was jargon for the maintenance and support of a child born out of wedlock). Usually these matters were hotly contested. Apart from the financial burden, very few young men wanted to be named as a father while the young woman, whose name had already been besmirched by the birth, wanted some acknowledgment of paternity and its consequent financial responsibilities.
The matter was set for hearing at Brisbane, in one of the three courts that did not have audio recording facilities. The hearing day came and after the formalities, junior counsel opened for the woman in question. His demeanour was calm and detached, he was on his best behaviour and his arguments were taken down by the flying fingers of the self-proclaimed ‘best “deps clerk” who ever was’. Things started to hot up when the respondent appeared in the witness box. Counsel went for the jugular–gone were the trappings of sophisticated debate and in their place were hard-put questions of where, when, how long and with whom. As counsel’s excitement level increased, so did his rate of speech and the deps clerk called out: ‘Mr X, slow down please, I’m going as fast as I can.’
An apology ensued and with calm restored, counsel continued his questioning and the young man continued his denials. Counsel’s speed and savagery again increased and the Magistrate intervened this time with: ‘Mr X, a little slower if you please. My clerk is the fastest in Queensland but he can’t keep up with you.’
After another apology, the parties resumed the cross-examination. Needless to say, the tempo increased again, as did the excitement level, until the deps clerk, at the end of his tether, erupted at his table and said: ‘Mr X, you $%#%. I’m not $#@$% Superman,’ and walked out.
The magistrate, calm as could be, suggested: ‘Gentlemen, perhaps now would be a good time for a short adjournment.’
* Magistrates Courts used to be divided into four divisions based on the population and area serviced. Division 4 courthouses were usually one-person offices in remote areas; Division 1 centres were Brisbane and the major provincial cities, and were serviced by the most qualified and experienced clerks of the court. Staff progression through the divisions was based on qualification, seniority and availability.