The magisterial wisdom of Justice Michael Lee

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I feel privileged to have witnessed the magisterial wisdom of Justice Michael Lee as he delivered his devastating judgment in the defamation case between Bruce Lehrmann and Channel Ten and its star presenter Lisa Wilkinson.

None of the main characters came out unscathed in what the judge described aptly as an "omnishambles".

But it wasn't the wisdom of the decision which so impressed me but the laser-sharp reasoning which led to it.

We may, in our blunt and un-laserish thinking, have a tendency to divide the world into those who lie and those who are honest. (By the way, for "we" read "I").

But Justice Lee reminded us not to be so simplistic: "There are gradations of the seriousness of untruths: an untruthful person may just be all mouth and trousers; or be recklessly indifferent to the truth or, by way of compulsion, finds it difficult to discern between what is true and untrue; or finally, and most culpably, may be someone who tells calculated, deliberate lies."

And he proceeded to weigh the untruths told by virtually every person who had paraded before him. In the end, he came to a conclusion which few would doubt.

And he combined it with a refreshing - no: uplifting and invigorating - worldliness. This was not a man who spends too much time among his own types. He came across as someone who knows human beings in all their varieties. He might drink a fancy wine with fellow barristers but, I imagine, he would feel at home in a pub.

He did mention the philosopher Hannah Arendt but he also talked the common tongue (as in "all mouth and trousers").

And who can forget the line, "Having escaped the lion's den, Mr Lehrmann made the mistake of coming back for his hat."

So let me contrast Justice Lee with the now-deceased British High Court judge Sir Bernard Caulfield to show why judges shouldn't be too rarefied. They need a democratic turn of mind.

In 1987, the best-selling author and one-time deputy chairman of the Conservative Party sued The Star and The News of the World newspapers over the allegation that he'd had sex with a prostitute. He had paid her £2,000 but no sex occurred, was the defence.

Jeffrey Archer was - and is - married to a very beautiful Cambridge academic, Mary Archer.

in his summing-up, Mr Justice Caulfield described her adoringly: "Has she elegance? Has she fragrance? Would she have, without the strain of this trial, radiance? How would she appeal? Has she had a happy married life? Has she been able to enjoy, rather than endure, her husband Jeffrey?"

The implication to the jury was: "Why would a successful man, married to such a beautiful and successful wife, need to buy sex?"

The jury took the judge at his upper-class word.

As The Guardian reported at the time: "After shaking each of the jurors by the hand, Mr Archer left the court saying the 'verdict speaks for itself'."

Except the verdict didn't speak for itself. In 2001, Jeffrey Archer was sent to prison for perjury and perverting the course of justice at the trial. A friend had provided a false alibi.

Mr Justice Caulfield had displayed his naivety about human beings, and, I think, a class bias.

What a contrast with Justice Michael Lee. Thank goodness for worldly wise judges. May there be more of them.

HAVE YOUR SAY: Do you have a view about the wisdom of judges? Don't tell me about the case but about the way the judge dealt with it. And I wonder if a jury would have got it right. Email your response to echidna@theechidna.com.au.

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"This is a disturbing incident, there is no place for violence in our community, there's no place for violent extremism.

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THEY SAID IT: "He that filches from me my good name robs me of that which not enriches him. And makes me poor indeed" - Shakespeare in Othello.

YOU SAID IT: I saluted the heroes who go towards danger when the rest of us go in the other direction.

Heather chided me about mentioning the heroes of Bondi Junction: "You forgot to mention the security guard who was killed." I did forget. He was Faraz Tahir who was one week into his job.

Lee praised child protection workers who "go into unfriendly homes everyday, without weapons, armed only with their ability to communicate".

Anita said: "I was proud of my entire gender when the police officer Amy Scott, stood her ground and followed the course of action dictated by her training."

John said: "I recall being at a safety training session years ago being told that up to 75 per cent of people will 'freeze up' in an emergency situation that they haven't had actual physical training in.

"The most senior of managers can freeze up. Out of the remaining 25 per cent or so will come the people that show leadership and action in what ever form."