EDITOR'S OPINION Jason MacLaurin SC Editor, Brief | Barrister, Francis Burt Chambers
As we approach half time in 2021, and look to break free from COVID-19’s domination of our thoughts and lives, it seems more important than ever for Brief to reflect the diverse range of issues for lawyers that cannot be sidelined because of the pandemic. This edition celebrates Reconciliation Week, whose theme was “More than a word. Reconciliation takes action”. We have items from Greg McIntyre SC on “Indigenous Incarceration: Addressing an Upward Trend”, Gwynette Govardhan on expedited procedures in the National Native Title Tribunal and, on a positive note involving the Law Society, an item about the very promising and inspiring “Nutha Way” Project. With EOFY approaching we are, as always, appreciative of contributions from the Society’s Tax Committee, being John Hockley and Dilani Peiris on the “Abuse or Misuse of Powers of Attorney” and John Fickling on distributions to discretionary trust beneficiaries. The Hon John McKechnie QC shares his wise and witty observations from his 16 years on the Bench on the rule of law and other topics. Christopher A. Bonnici on “How do you interview the New Mafia?” is not only fascinating in itself, but raises issues about examination processes in Australia and abroad. We also have Magistrate Wendy Hughes’ speech at the Lawyers Association Lunar New Year’s Dinner with challenging observations on what makes a good leader. In looking for significant anniversaries approaching half time 2021, and given part of the law and the lawyers’ dilemma is the pursuit of the “truth”, it is notable that in 1921, a century ago, John Augustus Larson, a medical student who had joined the police force, is credited with the invention of the “lie detector” as we know it. Of course, Larson had followed on from previous technological advances in this vexed area, and his invention was originally to be described as the Erlanger Sphygmomanometer, except that there were concerns that no-one could properly pronounce it (the Editor had a hazy recollection that Erlanger Sphygmomanometer was Germany’s 4 | BRIEF JUNE 2021
goalkeeper in the 1966 World Cup Final). There had of course been previous, albeit cruder and utterly unreliable, attempts at a lie detector. The name Tomás de Torquemada springs to mind, but then again, mainly due to some sketchy and equally unreliable recollection that he was Spain’s most reliable defender in the 2010 World Cup. Ancient Sparta had a form of lie detector process, in that prospective young warriors were put on the precipice of a cliff and asked if they were scared.1 The “correct” answer was of course “no” but if, from their voice or body language this was thought to be a lie, they were pushed off the cliff by the older warriors. This is not only reminiscent of a Monty Python skit, but somewhat unsound and unreliable. Clearly, the young warriors may well have been scared, not of the height of the cliff or the potential fall, but by the very real prospect that their leaders were certifiable sociopaths. There is some comparison here with the ritual endured by any young fledgling lawyer asked by their principal if they are scared of going down to Court for the first time. Whatever answer is given, they’re thrown off the cliff into the touted “no problems – it’ll be by consent – it’s all taken care of, and you should have no trouble at all” appearance which actually turns into the Courtroom equivalent of the Battle of Thermopylae, except with said young practitioner being exactly 299 short of still being seriously outnumbered. Coming back to Larson, an interesting quirk of history is that he married one Margaret Taylor, who had been the victim/ witness in a case, and the first person he ever interrogated with his lie detector.2 Anyone who has been or is married would appreciate the irony in this, as in most cases it becomes evident fairly quickly that one’s spouse is not only arguably the inventor of, but more accurately the living embodiment of, the lie detector (a principle that is only strengthened the more marriages one has). There is a further irony in the story of Larson’s lie detector, care of his boss at the time and Chief of Police for Berkley, California, the much admired August Vollmer, renowned for his innovative and
dynamic approach to policing. (Hmm, John Augustus Larson ... and August Vollmer – anyone thinking this Editorial should have been saved up for the August edition?). The high-profile Police Chief Vollmer embraced and popularised the lie detector as an essential instrument of criminal investigation and became identified with it. However, Vollmer was sued for breach of promise of marriage, a cause of action which no longer exists in that form in Australia, which is good news (as anyone who follows The Bachelor would know), for Nick “Honey Badger” Cummins who would have otherwise exposed himself a few years ago to, in effect, a class action. The dilemma for Vollmer was that (no doubt on excellently mischievous legal advice) the woman suing him for breach of promise of marriage, Ms Charlotte Lex, openly and publicly vowed that she would take a lie detector test – on Vollmer’s own machine.3 Vollmer at this point was obviously trying to avoid any further embarrassment, especially given that Ms Lex had given great detail in support of her case of his particular style: “He seized me in his arms and crushed kisses on my lips, telling me that at last he had found his great love.” In the way spouses do, in order to mitigate any further embarrassment to her husband, Mrs Vollmer helpfully and publicly responded: “I don’t believe it – August doesn’t make love that way at all.” In the August/Augustus edition of Brief, further details will hopefully be provided as to how Ms Lex’s breach of promise of marriage lawsuit, and the Vollmer’s marriage, turned out after all that. Endnotes 1 2 3
Lie Detector Invention History – History of the Polygraph Machine. Apr 24, 2017 (liedetectortest.uk) “Truth in the Machine”. Cal Alumni Association. 201003-16 “Will He Submit to His Own Lie Detector? Embarrassing Predicament of Noted Californian Criminologist”, The World’s News (Sydney, NSW on Trove, 17 January 1925
Brief welcomes your thoughts and feedback. Send letters to the editor to brief@lawsocietywa.asn.au.
