“We must all cross our fingers that former senator Linda Reynolds retains an advocate who excels at cross-examination. Perhaps it will be our court-watchers’ Christmas present from Albo’s team for 2026.” Legal columnist HUGH SELBY sees gifts all around us, but it is that time of the year…

This is the season of giving. Presents can bring so much joy, the unexpected ones even more so.

Former Attorney General Mark Dreyfus KC has been appointed as Australia’s Special Envoy for International Human Rights. This is his consolation prize for being dumped as attorney-general.

I wish him well, as I am sure you do, too. That said I don’t expect him to call out Netanyahu for the genocide of Palestinians. Maybe that’s because human rights are not equal for all.

We Canberrans know that to be the case because the adult and youth inmates of the AMC and Bimberi seem to be lacking some characteristic that would have them afforded the rights that the rest of us take for granted.

It was dispiriting, to say the least, to watch as our CityNews exposes of the basic problems at both prisons led to nothing other than later reports from various inspectors that repeated pretty much what we had reported.

To join the dots for those who retain some notions of proper governance: those who should care, don’t and won’t.

Some would say that prisoners reap what they sow or deserve. Maybe, but if so, let’s remember one of Mark’s glitches: his failure to pardon Witness K for blowing the whistle on officially sanctioned dirty tricks in Timor.

It’s a Christmas present that Mark can’t give, but his replacement Michelle Rowland could press the case in cabinet. It’s never too late to first give Witness K a pardon and follow it up with an Australian medal. I’d suggest an AO.

Michelle hails from Blacktown in NSW. I did some criminal law work out there. I’ll never forget the teenager who was induced to plead guilty by his Legal Aid lawyer, despite the forensic science showing him to be innocent. Perhaps Michelle, in her new role, can arrange a quality audit of legal aid to minimise that kind of tragedy.

While Michelle is back home, away from Canberra, she might have time for a chat with Labor Premier Chris Minns about his “let me throw sand in your face” offer of compensation of a miserable $2 million to Kathleen Folbigg who spent 20 years in jail as the mother killer of her four children. She didn’t kill any of them.

I know what’s going through your mind: two million, two, who else got that amount? Well picked. It was now special envoy Mark who gave fair Brittany more than two million as the most wonderful Christmas present three years ago.

And what a monumental stuff up that has proved to be. No statement of claim had been filed. The underlying facts were not checked. The payment was made on the assumption that some baseless assertions were true. The well-established written guidelines on Commonwealth payments in litigious situations were ignored. 

If what former Senator Linda Reynolds is alleging is correct, then there was no attention to an obvious conflict of interest, nor to the duties owed to Ms Reynolds once her independent representation was withdrawn.

Albo’s team, with or without their new special envoy, have given season’s greetings and a guaranteed Happy New Year to the Lib/Nats by their idiotic response to the claims for compensation by former staffer Ms Fiona Brown and Ms Reynolds.

It’s not credible to claim to be responsible by first paying an undeserving claimant more than two million, settling another matter with a former staffer for about $650,000, and then fighting to the death over two claims that are watertight.

The Opposition has had a wonderful time in Parliament asking pointed questions. True it is that Scomo deserted Brown and Reynolds, but he is yesterday’s man. Even as the once great party of Menzies slides into irrelevance, it is able to score telling points. 

Ms Reynolds has commenced action in the Federal Court. That court, correctly recognising the public interest, has created an open access file. 

Selfishly, I hope that the government keeps its head in the sand and adds some wet cement.

We might then have the awesome spectacle of Ms Reynold’s team calling Special Envoy Dreyfus, Ministers Wong and Gallagher to give evidence.

There’s a special provision in the Evidence Act, a section of great beauty, that allows an advocate faced with an unwilling, unco-operative witness to ask the trial judge for permission to cross-examine those three. 

Remember the livestream theatre from the Lehrmann defamation trial against Network 10 and Ms Wilkinson. Who can forget: “He went back for his hat”? This will be so much more.

We must all cross our fingers that Ms Reynolds retains an advocate who excels at cross-examination. Perhaps it will be our court-watchers’ Christmas present from Albo’s team for 2026.

Meantime, we must not forget that “doing nothing” is sometimes the best present. The National Anti-Corruption Commission and our own Integrity Commission are exemplars. 

Once upon a long time ago I took the milk run train from Canberra to Sydney. At one point it went backwards. Progress takes many forms, as do presents.

Truth is not wanted. Turn off those lights on the Christmas tree!