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Lawyers abandon law on Porter amid mob calls

Source: theaustralian.com.au

TL;DR

Janet Albrechtsen argues lawyers have ditched legal principles by joining calls for an inquiry into Christian Porter over unproven rape claims.
She poses three questions the mob ignores: how to fairly probe without the accuser, whether media will stop shaming Porter if cleared, and if lawyers recall basic presumption of innocence.
This shows lawyers turning into a mob endangers democracy and rule of law.[[1]](https://www.theaustralian.com.au/commentary/lawyers-abandon-the-law-on-porter/news-story/8d158937b71793202dbac6b3b49d5747)

The story at a glance

Janet Albrechtsen criticises lawyers for abandoning rule-of-law basics amid public pressure on Christian Porter, Australia's then-Attorney-General, over historical rape allegations he denies. The column came out on March 9, 2021, days after an ABC report sparked a media storm and calls for an independent inquiry. Porter had stepped aside from some duties but faced demands from prominent lawyers to quit or face probe.[[1]](https://www.theaustralian.com.au/commentary/lawyers-abandon-the-law-on-porter/news-story/8d158937b71793202dbac6b3b49d5747)

Key points

Albrechtsen says lawyers, including top silks, demand an inquiry despite no police case, the accuser's death, and Porter's denial, calling it mob justice.[[1]](https://www.theaustralian.com.au/commentary/lawyers-abandon-the-law-on-porter/news-story/8d158937b71793202dbac6b3b49d5747)[[2]](https://www.theaustralian.com.au/author/janet-albrechtsen/page/64)
First question: No inquiry can be just without the accuser alive to testify or be cross-examined.[[1]](https://www.theaustralian.com.au/commentary/lawyers-abandon-the-law-on-porter/news-story/8d158937b71793202dbac6b3b49d5747)
Second question: Will media drop their attacks on Porter if an inquiry clears him?[[1]](https://www.theaustralian.com.au/commentary/lawyers-abandon-the-law-on-porter/news-story/8d158937b71793202dbac6b3b49d5747)
Third question: Do lawyers still teach first-year law students about presumption of innocence?[[1]](https://www.theaustralian.com.au/commentary/lawyers-abandon-the-law-on-porter/news-story/8d158937b71793202dbac6b3b49d5747)
She notes ex-PM Malcolm Turnbull joined the criticism on ABC, surprising Coalition colleagues.[[1]](https://www.theaustralian.com.au/commentary/lawyers-abandon-the-law-on-porter/news-story/8d158937b71793202dbac6b3b49d5747)

Details and context

The piece responds to early 2021 uproar after ABC's Four Corners detailed anonymous claims Porter raped a 16-year-old in 1988; he identified himself, denied it, and sued ABC for defamation (later settled without trial).[[3]](https://en.wikipedia.org/wiki/Christian_Porter)

Prominent lawyers like Tom Brennan argued Porter, as Attorney-General, should face professional conduct standards or step down, while MinterEllison's CEO Annette Kimmitt quit after emailing staff criticising the firm for taking Porter as a client.[[4]](https://www.theguardian.com/australia-news/2021/mar/10/boss-of-law-firm-minterellison-reportedly-steps-down-over-christian-porter-furore)

Albrechtsen frames this as "woke" pressure overriding legal norms like innocence until proven guilty, especially with no evidence for police action.

Key quotes

"When members of the legal fraternity become part of the mob, you know democracy is in trouble."[[1]](https://www.theaustralian.com.au/commentary/lawyers-abandon-the-law-on-porter/news-story/8d158937b71793202dbac6b3b49d5747)
"The mob baying for an independent inquiry has not addressed three critical questions."[[1]](https://www.theaustralian.com.au/commentary/lawyers-abandon-the-law-on-porter/news-story/8d158937b71793202dbac6b3b49d5747)

Why it matters

Lawyers joining public pile-ons risks eroding core principles like presumption of innocence and fair process, weakening democracy. For politicians and professionals, it means allegations alone can end careers without proof or trial. Watch if Porter's defamation settlement or later career moves prompt more on legal ethics in scandals.[[3]](https://en.wikipedia.org/wiki/Christian_Porter)