Ian Barker (Australian barrister)

Ian McClelland Barker QC (21 October 1935 – 19 December 2021) was an Australian barrister and Queen's Counsel. He was the first Solicitor-General of the Northern Territory and was a former president of the NSW Bar Association.[2] Barker retired as a barrister in 2017.[3][4]

Ian Barker

Born
Ian McClelland Barker

(1935-10-21)21 October 1935
Died19 December 2021(2021-12-19) (aged 86)[1]
NationalityAustralian
EducationNewington College
NSW Solicitors Admission Board
Occupation(s)1960 Solicitor
1970 Barrister
1974 Queen's Counsel
Known forProsecution in the Azaria Chamberlain trial
Spouses
Nelle Fish
(m. 1960; div. 1981)
    Penny Brand
    (m. 1983)
    Children6

    Early life

    Barker was born in Sydney and was educated at Newington College where his father Charles McClelland Barker was educated in the 1920s. His grandfather was a Methodist Minister and his father became an employee of the Dairy Farmers Co-op Milk Company. Barker’s mother Norma was a kindergarten teacher. On completing his Leaving Certificate in 1952[5] Barker chose to qualify in law through the NSW Solicitors Admission Board.[6] He started his articles in 1953, earning one pound, 10 shillings a week, which in due course rose to two pounds.[7]

    Northern Territory

    Barker practiced as a barrister and solicitor in Alice Springs from 1961 to 1970 and in Darwin from 1970 to 1974.[8] In 1974, Barker became one of the first Queen's Counsel appointed in the Northern Territory and practised at the Independent Bar at Darwin until his appointment as Solicitor-General of the Northern Territory in 1978, the first such appointment after self-government was granted to the territory. He returned to private practice at the Sydney Bar in 1980. Barker became known nationally in 1982 when he led the prosecution in the Azaria Chamberlain trial and Lindy Chamberlain was tried and convicted of her murder and Michael Chamberlain was convicted as an accessory after the fact. Both were later exonerated and received substantial compensation.[9]

    Aside from the Chamberlain trial, Barker had many successes that put him on a footing as one of Australia's most successful barristers. He successfully acted for John Marsden in a defamation case against the Seven Network where Marsden was wrongly portrayed as a paedophile. In a book written by Marsden before his death, he referred to Barker as "the best cross examiner in the land". Barker also successfully defended High Court judge Lionel Murphy from a charge of perverting the course of justice. He promoted a successful bill in the Northern Territory Parliament to make the Cobourg Peninsula into a national park.

    Bar Association

    Barker was the president of the NSW Bar Association in 1998–1999.[2]

    Human rights

    Barker was a member of the International Human Rights Observer Panel which was established in 2005 by the Law Council of Australia. It was a part-time panel of Australian lawyers who serve as trial observers and undertake reviews in relation to human rights.[10] He was regularly called upon by the national media as a commentator on matters relating to human rights and civil liberties.[11]

    Clients

    Barker represented the following clients in high profile court matters:

    Portrait

    A portrait of Barker, by the artist Neville Dawson, is held by the National Library of Australia.[16]

    Death

    Barker died in December 2021, aged 86.[1]

    References

    1. "Ian McClelland Barker (1935-2021)".
    2. Who's Who in Australia (Crown Content Melb, 20079) pp 191: Barker, Ian McClelland (1935 – )
    3. SMH Obituary — Ian Barker: QC prosecuted Michael and Lindy Chamberlain Retrieved 13 January 2021.
    4. "Retirement Celebration – Mr Ian Barker QC". NSW Bar Association. 7 November 2017.
    5. Newington College Register of Past Students 1863–1998 (Syd, 1999) pp9
    6. Jon Faine, Lawyers in the Alice: aboriginals and whitefellas' law, Edition 2, Federation Press, 1993 ISBN 1-86287-115-9, ISBN 978-1-86287-115-1 P5
    7. Swain, Peter L. (Peter Leonard), 1931-; Newington College, A quarter past the century : a history of Newington College, 1863-1988 / Peter L. Swain, Newington College{{citation}}: CS1 maint: multiple names: authors list (link)
    8. Northern Territory Bar Association Archived 2006-09-20 at the Wayback Machine
    9. "Barker QC knows the Territory – The Age: 30 Oct 1982". Archived from the original on 15 September 2009. Retrieved 25 July 2009.
    10. "Law Council of Australia – Humain Rights". Archived from the original on 24 October 2009. Retrieved 25 July 2009.
    11. Abu Ghraib and Ian Barker QC – ABC Radio National: 18 June 2004
    12. Interference alleged in Marsden case – PM Archive: 3 February 2000
    13. A gross miscarriage of justice – On-line opinion: 7 May 2007
    14. Marcus Einfeld subjected to 'vicious stuff' – The Australian: 27 February 2009
    15. Costly pursuit ends as Moti deportation ruled unlawful – Brisbane Times: 8 December 2011
    16. Ian Barker QC – Picture: Through my eyes
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