Objection, your Honour: Lessons from volunteering for this year’s Bar Practice Course
Guiseppe Belli, an Italian poet, cried in the year 1838: ‘God save us from the tomatoes’. There are many things a 19th Century theatre might have in common with a modern courtroom. A noticeable example of this is the abundance of wigs and robes. But it may be surprising that also the throwing of tomatoes is also a shared trait.
You might be thinking, is this something that really happens? The answer to that is yes, both in Italy and George Street, Brisbane. To understand this bizarre phenomenon occurring in Australian courts today, as so often with the law, one must look to 17th Century England.
The year 1631 saw the strange incident of the Chief Justice of the Common Bench, while on assize in Salisbury, struck by a piece of fruit from a recently condemned prisoner. The Chief Justice understandably did not appreciate this action and the prisoner was immediately apprehended, having his right hand cut off, and then being hung from the neck until dead in the presence of the Chief Justice. From a modern and Australian perspective, this punishment may appear quite harsh. The authenticity of this widely circulated story is suspect, but its folktale status is legendary. It can be contrasted with the modern tale of a remarkably forgiving English County Court Judge. This Judge was faced with an angry litigant who threw a dead cat at his Honour. Luckily, the cat narrowly missed. The Judge responded: ‘I shall commit you for contempt if you do that again’. Maybe he would have been harsher if the litigant had better aim.
17th Century England was not the only place where these wordless objections were made. Between 2014 and 2016, Auckland’s judges were plagued by a serial horse manure slinger moonlighting as a part-time defendant, part time court-watcher. The first incident occurred on the steps of the High Court. The culprit incurred a $400NZ fine, with a further $150NZ costs order. The second incident occurred inside the court where the perpetrator had filled his pockets with dried sheep manure which he proceeded to fling at a Magistrate. When appearing in court for this second incident the perpetrator was asked to empty his pockets before approaching the bench.
Australian courts have not been immune to these incidents, with the throwing of cups and jugs being the objects of choice. In 2017, Magistrate Morrison of Canberra was on the receiving end of a plastic cup of water hurled from a defendant. The defendant was jailed, and the Magistrate merely wiped his face before giving his reasons for denying bail. Later the learned Magistrate remarked: ‘this is why we replaced the glasses on the bar table with plastic cups.’
This article is in no way encouraging the perpetuation of throwing tomatoes, cats, or cups in courtrooms. Australian courts are open to the public — for better or for worse — which results in these (rare) occurrences. It is a curious and notable by-product of an open and transparent legal system.
Article written by Ashton Darracott
This article appeared in the Torts Illustrated I Object (2019) Publication