"Racist" social media comments from senior Victorian Bar members condemned

Dechlan Brennan
Dechlan Brennan Published July 27, 2024 at 8.00am (AWST)

Comments from a senior barrister and member of the Victorian Bar Council which labelled Acknowledgment to Country "bullshit virtue signalling" have been labelled "racist" and "dangerous".

On Friday, The Age reported comments by former chief crown prosecutor Gavin Silbert KC in reply to a post by fellow Bar Council Member Lana Collaris, which have been condemned by numerous members of the law profession in Victoria.

Ms Collaris took to social media to suggest all Australians should be acknowledged, not only First Nations people.

In a now deleted reply, Mr Silbert wrote: "Well said Lana. I am thoroughly sick of this bullshit virtue signalling welcome to country. The indigenous (sic) should thank God that Australia was settled by the British and not the French. Perhaps they might ask the Algerians about the consequences of French settlement."

The post, which has since been deleted. (Image: supplied)

The recent Yoorrook Justice Commission hearings have heard of multiple massacres perpetrated against Indigenous people in Victoria from the time of colonisation, as well first-hand accounts of removal from land, family and culture.

Members of the Victorian Law fraternity reached out to National Indigenous Times, labelling the posts "racist" and an "embarrassment to the profession".

Chief executive of the Victorian Legal Service, Nerita Waight, told The Age the post was dangerous and racist, and were not "new, intelligent or courageous".

"Aboriginal people have borne the brunt of racism in the colonial system for over 235 years," Ms Waight said.

"Aboriginal people deserve access to culturally safe legal assistance; we know the devastating consequences when this is not adequately done.

"I am looking forward to the day when the First Peoples' Assembly sign a Justice Treaty with the State of Victoria, so that we can transform the legal system so that it respects the oldest continuous cultures on earth and delivers real justice for our people."

Ms Collaris, who was reportedly keen to nominate for preselection for the Liberal Party in the 2022 Victorian election, responded to the quote by Ms Waight, arguing: "This is the true agenda behind 'acknowledgment'".

In another comment, she stated an Acknowledgement of Country was a "statement that essentially seeks a two-state solution when it comes to Indigenous Australians and all other Australians, whereby we are governed by different systems depending entirely on our race".

In response to some of the criticism, Ms Collaris told National Indigenous Times: "It is not racist to acknowledge all Australians. It is the opposite of racism."

"People make these awful allegations to avoid engaging in meaningful discussion, and to silence those with whom they disagree. They will not silence me."

A post from Lana Collaris. (Image: supplied)

Other posts by Mr Silbert on social media platforms are also controversial.

An image seemingly taken at the MCG during Sir Doug Nicholls round last year is captioned: "How wonderful to have football on a Saturday afternoon. Pretty even contest between the Dockers and Melbourne both playing with some aboriginal (sic) names no one can understand".

Whilst in another post, Ms Silbert states he is "troubled" by the Koorrook (sic) Royal Commission.

"Why is the Opposition not publicly calling out what is going on. This government is about to introduce a treaty by stealth. Notwithstanding the overwhelming rejection of the voice referendum this is being done sneakily," he said.

Treaty has been known publicly since before the 2018 election, and the First Peoples' Assembly have also run two elections — the latter in 2023 specifically being referred to as "treaty" elections.

Replying to a tweet where a well-known conservative commentator attempted to call herself Indigenous due to having had family in Australia for multiple generations, Mr Silbert replied: "Me too. Five generations! I too am indigenous (sic)".

A previous social media post by Mr Silbert. (Image: supplied)

Fellow Bar Council member Jessie E Taylor condemned the comments from her two legal colleagues, labelling them "completely repugnant" on social media.

In a post she said was aimed at "women of colour in the legal profession, particularly junior women, and particularly those contemplating life at the Bar," Ms Taylor said many at the Bar "welcome, celebrate, embrace and encourage people from all backgrounds and walks of life, including culturally and racially marginalised people".

"I hope it is completely clear that these views are NOT widely held across the Victorian Bar, and that they belong to a bitter little bunch of barristers who are slowly but surely fading into irrelevance," she said.

"For every ignorant comment by an irrelevant dinosaur, there are 25 people who are excited to see YOU come to the Bar and bring with you all the skills, attributes and superpowers your background instils in you."

The Law Institute of Victoria's (LIV) chief executive Adam Awty, whilst not addressing either Mr Silbert's or Ms Collaris' comments directly, told National Indigenous Times that the LIV would continue to "acknowledge and pay respect to First Nations people".

"The LIV is committed to supporting an open and inclusive culture within the legal profession," he said.

The Age reported acting president of the Victorian Bar Council, Elizabeth Bennett, SC, had labelled the views put forward by Mr Silbert as "extremely disappointing" and said the Victorian Bar had implemented a Reconciliation Action Plan more than 10 years ago — the first in the country to do so.

"Mr Silbert's views are his own and not representative of the Bar," Ms Bennett said.

"The acknowledgment is an honoured and important highlight of Victorian Bar functions."

This article was amended on July 28 to include comments by Lana Collaris.

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