Philip OPAS QC interview 4/8/2003

I was charged by the Bar Council of unprofessional conduct – called upon to show cause why I shouldn’t be struck off, because I had defied the Ethics Committee in making a public appeal for a solicitor to brief me, because the premier Sir Henry Bolte had ordered the public solicitor to withdraw my brief so that Ryan could not be represented before the Privy Council.

I’d asked the Ethics Committee (whether) I could go public and seek an instructor, and I was told by them that I couldn’t – it was unethical, on the ground that I was touting for business. I said ‘How could I be touting? I’m prepared to pay my own fare to London, I’m acting without fee, I’ve got a client – I haven’t got an instructor.’ They said ‘We regard it as touting for business.’

When he (Ryan) was hanged, I was charged. I took that very personally. I was depressed. I thought, if my colleagues think so poorly of me, as to charge me in these circumstances, I’m prepared to leave the Bar. I’m not going to defend myself. A number of my friends weighted on me and said ‘You’ve got to defend it. Let us appear.’ I finally said alright, so long as I take no part. I’m not going to give evidence, I’m not going to give an explanation, I’m not going to say a thing.

Richard McGarvie appeared for me, with Ivor Greenwood as his junior. I was represented by a future Governor of Victoria with his junior, a future Attorney-General of the Commonwealth.

Prosecuting me was Sir Ninian Stephen as the junior QC. He was a friend of mine, and it was the role of the junior silk to prosecute a case like this. I attended and the hearing took place in the Essoign Club. Anyone who could get in was there – you couldn’t have got anyone else in with a shoehorn. I don’t know what happened – I was present in body, not in mind.

The last thing I remember was Lou Voumard as Chairman acquitting me, and saying that the Bar needed more Phil Opases, not one fewer. However, I felt rejected, depressed, isolated, and I decided to leave the Bar at the first opportunity.

Conducted for the Bar Oral History project by Juliette Brodsky in the Neil McPhee Room, Owen Dixon Chambers and filmed by Stewart Carter (People Pictures)