David Norris (Independent)

I agree in large measure with Senator Walsh. We discussed this on the previous occasion. One would accept that the Supreme Court comprises highly intelligent and wonderful people, except when I took a case there some years ago. Those people are unlikely to make bad decisions. With regard to democratic principle, one should be loath to second-guess a jury, especially if it decides, on appeal from a lower court, to triple damages. That would suggest the ordinary people are outraged and that is what they want. They are entitled to their pound of flesh. We should be very careful before we circumscribe this.

I am inclined to agree with Senator Walsh that it is right for us to draw attention to the fact that the Supreme Court usually deals only with matters of law. It does not review any new evidence and it deals in very technical matters. If we keep the section, it might be no harm to include a reference that the Supreme Court shall have regard to the evidence given at the earlier trial. This would be relevant especially when there is a series of cases before it.

I am sure the Minister remembers a certain case, to which I am sure Senator Walsh is referring, in which a newspaper appealed the first decision and got rightly whacked the second time, so to speak.