What Book to Read?

Once again, I read a review of Littlemore’s second book, Harry Curry: the Murder Book (2012) and decided to read the first one, Harry Curry: Counsel of Choice (2011) first. It does set the scene, but by all means read the second one if you come across it first – I’m assuming it’s as much fun as this one.

The five chapters of the book cover five legal cases Harry Curry (presumably a pun on Hari Kari) is involved in. Other than that, there’s not much story. But there doesn’t need to be. At the beginning of the book, Harry’s licence to practise as a barrister is suspended by the Bar Association’s disciplinary committee on the grounds of alleged rudeness to a judge. He is approached by a young barrister, Arabella Engineer, who isn’t doing too well – we see her lose her case – with the suggestion that Harry act as legal strategist for her. The first three cases operate on this basis. Harry gets his licence back and the next two cases are joint operations between them. Of course there is the issue of their relationship, but for me, the interest is in what happens in the court room.

Littlemore is a senior barrister – a QC – who works in the area of criminal law. The cases in the book are almost certainly versions of the real thing taken from his experience, though perhaps what he wished had happened, rather than what did. They cover allegations of drug smuggling, murder, assault occasioning grievous bodily harm and rape, there is an appeal against an extradition and a coroner’s hearing into deaths that occurred in a bush fire. The old Perry Mason tradition of court room drama involves the defence team getting their client off by doing the detective work of finding who really did it. These stories are not like that; they depend on the defence finding reasons in law that can be argued in favour of their client. Here, it’s rarely an issue of finding that someone else has committed the crime; ‘Harry’s rule has always been that you win cases by keeping evidence of guilt away from the jury, not be attempting to call alibis, or some other assertion of innocence.’ Littlemore pays meticulous attention to the court setting, details of procedure like choosing the jury, and the cross examination of witnesses; the court ‘feels like a workplace’. The setting and the cases feel real, not just because they presumably are, or could be, but also because of Littlemore’s skill in making his points simply and clearly. I find it easy to believe he is a very good barrister.

A major theme of the book is justice, for the innocent and the guilty alike. What do barristers do when they are certain that their client is guilty? They defend them by all available means. In real life, Littlemore responds to the question of defending ‘someone who you yourself believe not to be innocent’ by saying: ‘Well, they’re the best cases. I mean, you really feel you’ve done something when you get the guilty off. Anyone can get an innocent person off. I mean, they shouldn’t be on trial. But the guilty – that’s the challenge.’ Harry says in defence of his criminal law practice: ‘There is a point to what I do: I’m the only thing standing between those poor bastards and the might of the state.’ He’s also committed to the defence of the under-dog against the vested interests of big business like insurance companies. At one point, another lawyer says to him: ‘Get off the white horse, Harry. It doesn’t suit you.’ Harry ignores him. But one of my reservations about the book is whether Harry is a bit too good to be true.

Another slight reservation is whether Harry is a bit too much the stereotypical Establishment black sheep. His father is an eminent QC, now suffering from dementia. Harry, product of a public school and good university, knows everyone in the legal world; he just chooses not to share their lifestyle aspirations. He drives a Jag, but it belongs to a client doing ten years for importing drugs. ‘Harry’s minding it for him, but the client doesn’t exactly know that.’ Hmm. A little too insouciant? But maybe Littlemore knew of such a circumstance. Harry’s Establishment background enables him to indulge in some pointed legal snobbery; in a Queensland solicitor’s office a law degree from Bond University ‘hangs in pride of place, and Harry wonders at the wisdom of that. Would you want that to be generally known?’ This is insider humour, having a go at a relatively new, private university. His description of a ‘fascinator’ as something ‘shop girls wear to the races’ is plain ordinary social snobbery.

But these are trivial reservations. Overall, it’s a fascinating inside look at the workings of the law in ordinary Australian courts, where the cases have their own drama. I probably should have said more about Arabella – for that, you’ll have to read the book.

Australian readers who think they know the name Littlemore in another context are right. Stuart Littlemore was a journalist and broadcaster for some years, most notable for his creation and hosting of the ABC’s Media Watch, a forum for media analysis and comment, specialising in ‘conflicts of interest, bank backflips, deceit, misrepresentation, manipulation, plagiarism, abuse of power, technical lies and straight out fraud.’ Right up Harry Curry’s alley. These days Littlemore’s name might be familiar from his role as counsel for Eddie Obeid at the NSW Independent Commission Against Corruption. Now there’s a challenge for a defence lawyer.

You can read a short account of Littlemore’s life here, and a rather more interesting interview with him after the publication of this book here. Asked if he is Harry, his response is ‘I would like to be that brave.’

I was amused to see that a writer for the online law students’ site, Survive Law, thought highly of the book. The reviewer writes: ‘The cases are gritty and the descriptions of the clients and proceedings so realistic that you could almost justify reading this book as study!’