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Bagaric, Mirko --- "Justice Geoffrey Raymond Flatman" [2002] DeakinLawRw 12; (2002) 7(2) Deakin Law Review 1

Justice Geoffrey Raymond Flatman

7 JULY 1944 - 18 SEPTEMBER 2002

It is with enormous sadness that we mark the passing of Geoffrey Flatman. Geoff's life was cut terribly short in September this year at the age of only 58. He had a remarkably successful career. In addition to being an adjunct professor at the School of Law at Deakin University, Geoff was a Justice of the Victorian Supreme Court. Prior to his appointment to the bench he was the Director of Public Prosecutions (Victoria) for approximately seven years. He came to this position following an extremely distinguished and successful career as a barrister at the Victorian Bar.

Despite the great career heights he reached, what defined Geoff most as a person were his personal achievements. With most people these are normally far more difficult to assess and quantify. Not with Geoff.

The values that were adopted by Geoff and which guided his behaviour are encapsulated best, I think, in three words: integrity, kindness and humility.

I met Geoff in 1995 when I started work as a junior solicitor in the Office Public Prosecutions. He was the Director of Public Prosecutions. I needed to see the Director (as I knew him then) for advice regarding whether an armed robbery case should be discontinued. In preparation for the meeting I spent days writing what I thought was a meticulous memorandum summarising the facts and law, and concluding that there was not enough evidence to proceed. I sent the memorandum to Geoff days earlier, expecting that he would trawl through it prior to the meeting. When I arrived for the meeting Geoff was about one hour late. In the time I was waiting, I noticed that there was a hive of activity in the Office - a constant stream of people coming in and out; some carrying files, others not - Geoff making coffee for some of them. Finally I got enough courage to knock on the door and ask if I could see him in relation to our scheduled meeting. Geoff chuckled and said `you don't have to book, just come up for a chat'.

Feeling more relaxed, I asked him whether he had read my memo. He said he had looked at it but that it seemed a bit dense and technical. He put the file aside and said `what do you reckon?' The phone rang. `Hi Marg' he said, and he then proceeded to have a chat to the caller re-assuring her that playing a bit of music was OK. He put the phone down and told me that his wife was concerned about their younger son spending a bit too much time with his band and not enough time on his studies. He then asked me `what do you reckon?' I started summarising my memorandum (as best I could remember it). He interrupted - `Not about the file, I mean about Tom and his music'.

I got to know Geoff quickly after that. In the ensuing discussion he emphasised to me the importance of following your passions and the great satisfaction that stems from this - no matter how non-pragmatic those passions may seem. This was a constant theme in his life. Geoff focused on process, not outcome. In this way he was an accidental judge and Director of Public Prosecutions. These lofty positions were not ones that he strove for. He was not ambitious in the sense of desiring to attain positions of power or prominence. He did not seek the recognition or respect of others. He applied himself with a determined quiet resolve to whatever project he was doing at the time. For him there was intrinsic merit in this - `whatever you do, do it well'. Good things in life come not from announcing to others what one is going to do, or declaring what one has done, but from working steadfastly towards pursuing one's passion. By focusing on process and doing what one enjoyed he believed that everything else would fall into place.

And so it did for Geoff. As I mentioned, he enjoyed enormous career success; was an avid tennis player (in the final year of his life he finally got his name on the champions board at Grace Park - winning the doubles in 2001); and he had a number of close and loyal friends. Most of all, he enjoyed a marvellous marriage with his wife Margaret, who he met while they were studying at University. They seemed inseparable, sharing every aspect of their lives and in the process raising two very balanced, talented and considerate children: Sam and Tom. Geoff was not an overtly emotional person. He never spoke much about the depth of feeling he had for his family - this, for him, would seem too self-indulgent. In the days prior to his death, he did however, encapsulate (in his typical simple but sophisticated style) his relationship with Margaret when speaking to his close friend and Associate Bronwyn: `Marg and I, you know, we just clicked'.

Although Geoff led life according to his lights, pursuing his own passions, he had one very important rider to this course of conduct. Never deliberately harm another person - `they have got as much right to realise their own plans as you have'. But not only did Geoff allow other people the space to lead their lives, he would positively facilitate many in doing so. Kindness is not a trait that is spoken of much nowadays. It was, however, a defining aspect of Geoff's character. On countless occasions during his personal and professional life he would facilitate others in realising their goals - often at considerable personal expense and inconvenience to himself.

Geoff also had enormous faith and confidence in people. No matter what their background or role in life, he would always attentively listen to their views and would offer encouragement and repose great confidence in those he knew. In his professional life, what mattered most was the persuasiveness of an argument, not who made it. In this regard Geoff had a unique ability to get to the heart of an issue and cut through the irrelevancies. After we finished our conversation about Tom, we got back to discussing the armed robbery. He asked why I wanted to drop the case. I then started summarising my seventeen page memorandum (as best I could remember it) going through the evidence that each witness would give. He raised his eyebrows, noting that he wanted to be out of there in time to watch Carlton play (which was the following day), and said he just wanted to know what was wrong with the case and whether the victims would be unduly aggrieved if the case was dropped. Several minutes later the case was dropped. So much for the days of work preparing the extensive memo. I never spent too much time preparing formal submissions for Geoff after that. Neither did other people in the Office. Formalities were not important to Geoff. He had enormous belief in people - `trust breeds honesty', he would say. I'm not sure whether Geoff was ever let down by one of his staff or friends. I am sure he never let any of them down.

Geoff respected people, not positions. It was largely because of this that everyone who was fortunate enough to cross Geoff's path during his lifetime respected, admired and (simply) `liked' Geoff. Geoff was one of the most inspirational and `principled' persons that I have known. He gave me hope that good things actually do come to good people. I'm not so sure now. I will, however, continue to draw inspiration from the manner in which he conducted himself and the virtues he upheld. I think most others who knew him will also continue to do so.

Mirko Bagaric


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