Forward December 2014 | Page 4

Vale D AV I D M A LC OL M A crusader of justice: David Malcolm What is greatness, or better still, what must a person do to achieve greatness? Winston Churchill once said, “The price of greatness is responsibility” and if that is the case then it could be argued that our prominent Old Guildfordian, The Hon. David Malcolm AC QC (Sc 1950-1055), has paid the heavy price for greatness. David Malcolm was a seeker of truth, and his legal responsibilities were at the highest level in Western Australia as the state’s Chief Justice from 1988 to 2006. With David’s tragic death on 20 October 2014 at the age of 76, the community mourned the loss of a powerhouse in the legal profession. A man of prodigious intelligence, he was the recipient of a Rhodes Scholarship for WA in 1960. David was a worthy recipient of this honour with Rhodes Scholars chosen on the basis of exceptional intellect, character, leadership, and commitment to service. David was known by his colleagues to espouse all these qualities, and he needed to, becoming the state’s highest judicial officer in a time after the political scandals of WA Inc., and having to navigate the complexities of the royal commission that followed. David oversaw many legal cases, two of which could be considered amongst the most significant in WA. The first was the quashing of the manslaughter conviction of John David Malcolm in 1955. He was a proud Guildford Grammar School student. Button, who was wrongfully convicted of causing the death of his girlfriend, Rosemary Anderson, about 39 years earlier. Had the charge not been downgraded from murder at the time of conviction, John Button could have received the death penalty. The second School Prefects in 1955. Back Row (L-R): John Rendell (Sc 1947-1956), Michael Herzfeld (He 1951-1955), Graham Miller (SG 1950-1955), Edward Barker (St 1946-1955), Edwin “Arthur” Pexton (Sc 19501955), Darryl Way (SG 1949-1955), Dixie Scott (Sc 1950-1955). Front Row (L-R): Andrew McGlew (Sc 1949-1955), Darrell Dunkley (He 1950-1955), David Malcolm (Sc 1950-1955), Peter Thwaites (Headmaster 1950-1956), Anthony Dunleavy (SG 1945-1955), Geoffrey Paddick (St 1950-1955), Anthony Abbott (St/Sc 1950-1955). 4 was the successful appeal of the Mickelberg brothers in 2004, originally convicted for the theft of 49 gold bars in 1982 in what has become known as the “Perth Mint gold swindle”. As Chief Justice, David championed the breaking down of the barrier between the public and the court system put in place to protect it, opening up the system for scrutiny in the hope it would remove ambiguity and increase public understanding. Under his guidance and in response to the growing number and intricacy of cases before the court, the panel of judges of the Supreme Court grew from 10 to 20. He fought long and hard for improvements to the Supreme Court buildings and security, and successfully modernised court operations with the introduction of many initiatives, such as video technology allowing court appearances from remote locations. David recognised the cultural differences of Australia’s indigenous community and the need for court liaison officers to provide guidance and suppo