Neville Owen: Royal commission refusal into Bondi Beach terrorist attack puts Parliament’s reputation at risk

Like most members of our society, I was shocked and revolted by the anti-Semitic atrocities perpetrated by radical Islamic terrorist elements at Bondi Beach on December 14 that cost 15 innocent lives, scores of injuries and heartache and that ripped deep into the very fabric of our way of life. While it is very much a matter of to each their own, I have been fortunate to have enjoyed a life long immersion in a faith and from faith-based education for myself, my children and grandchildren. For me, the privilege of free practice of a faith (or not, as the choice lies) has been a given. The utter tragedy of December 14 and all that led up to it has been shattering and needs to be taken with a degree of seriousness that is almost off the spectrum. I have deep concerns for the future of our society unless these issues are addressed in a comprehensive way. The horror, the tragedy and the devastation of what happened at Bondi has been laid out in graphic detail in the media daily since December 14. Warnings about the curse of anti-Semitism generally and the dangers it poses preceded these events. There is no point in me repeating what has been said, most of which is (or should be) obvious. I want to concentrate on one issue, namely, to add my voice to the many who have pointed out the compelling need for a royal commission. As someone who has had experience in the conduct of royal commissions I believe that an independent inquiry of this nature is both justified and necessary and I regard the arguments in favour as almost irresistible. It is the only way to cover the broad range of issues (legal, factual, individual, systemic and policy) that will have to be investigated if the root causes that have been brewing for years and which have come to the fore since the events at the Sydney Opera House on October 9, 2023, are to be identified. That will provide a platform from which morally based policy settings to address those issues can be developed. Without such an inquiry it will be difficult to engender healing and a return to trust following these most grievous events. I have real difficulty with the arguments apparently put by some in power against a royal commission. With respect to those who have proffered these arguments, I find them unconvincing. To say there is a need for quick results is correct but expedition is a relative term and cannot be divorced from its context. In any event, it can be addressed in part by requiring the commission to deliver an interim report. The calling of a royal commission would be no impediment to a targeted internal probe of nominated agencies. There are examples of tandem inquiries taking place in the past. Given the fracturing of social cohesion that has already occurred, an independent inquiry is more likely to enhance than hinder confidence. To say that it might present a forum for the repetition of abhorrent views is to overlook the broad powers of a royal commission to act in the public interest by suppressing publication of irrelevant or obnoxious material and to punish for contempt. That the enunciated arguments are unconvincing may have contributed to speculation that the real reasons are more overtly political, including the protection of reputations. I have no way of knowing whether the speculation has foundation but, if it has, then it compounds the dangers our society is facing, as recent history demonstrates. The child sex abuse tragedy and the resultant royal commission exposed the vicissitudes of institutions, including the Catholic Church, that gave primacy to the protection of reputation over the interest of victims. And look how that turned out. No institution should place protection of reputations ahead of legitimate calls by victims and the broad community for answers, particularly where those answers can contribute to morally based policy settings that will minimise risks in the future and facilitate the betterment of society. If they fail to heed that lesson they run the risk of suffering the same fate as the institutions involved in the sex abuse tragedy. This will further erode trust in the institutions and impede healing. And I believe it is not drawing too long a bow to say that the reputation of Parliament itself is at risk. Unless our elected representatives are seen to take reasonable steps to advocate in favour of the public interest and for the making a right decision on such a momentous matter, their standing in the eyes of the community will suffer. Leadership is required, and that can be demonstrated by calling an independent royal commission to investigate the issues, to recommend new and improved policy settings and to contribute to the process of healing and the restoration of trust. Neville Owen is a former WA Supreme Court judge and headed royal commissions into Perth Casino and the collapse of HIH Insurance