Farewell, Your Honour

*JULIA DAIA-BORE of The National chronicles the life and times of the late Justice Timothy Alexander Hinchliffe, who spent a large part of his career in PNG*

The late Justice Timothy Alexander Hinchliffe CBE spent his last days at the Bayview Nursing Home Centre in Brisbane, Australia where he passed away on Friday, March 20. But much of his life was dedicated to bringing justice to the people of Papua New Guinea, among whom he lived and worked for over 22 years.

On arrival on Jan 12, 1987, Justice Hinchliffe was posted to Lae, Morobe province and took up his post as resident National and Supreme court judge. He was inaugurated in an official sitting of judges on Feb 27, 1987 at age 40. On that occasion, marking his dedication as a public servant to the people of this nation, then Chief Justice the late Sir Buri Kidu described Justice Hinchliffe as a man who came to our shores with plenty to offer.

Late Justice Timothy Alexander Hinchliffe, CBE during his happier days in his office

“His Honour comes to us with very high credentials,” PNG’s first national Chief Justice, Sir Buri, said during the ceremonial sitting of the National and Supreme courts held on Feb 27, 1987 to mark Justice Hinchliffe’s appointment. Sir Buri told those gathered that day that Justice Hinchliffe served on the bench in Darwin, Northern Territory from 1982 to the end of 1986. That he had been educated at Geelong College in Victoria and the University of Melbourne. At Geelong College he was a school prefect, house captain and captain of boats.

He graduated with a Bachelor of Laws and acquired honours in Taxation and Industrial Law. He began his legal career as a solicitor in 1973 and in 1974 became a barrister and practiced at the Melbourne Bar for eight years. During this period he was a member of the Victorian Bar Council (1979-1981), a member of the Ethics Committee and a member of the Police-Lawyers Liaison Committee. In 1982, Justice Hinchliffe accepted an appointment as a stipendiary magistrate in the Northern Territory and served in Darwin in that capacity until 1984 before being posted to Alice Springs.

While there, he was appointed by the Judicial and Legal Services Commission there as a judge of both the Supreme Court and the National Court. PNG Law Society president Kerenga Kua last week described the late Justice Hinchliffe as a man who “personally” brought law and justice to the rural people in the Highlands of PNG whom he served as resident judge based in Mt Hagen for 10 years. “Justice Hinchliffe served the people of the country through the judiciary with distinction and has contributed significantly to the development of the underlying law of the country.

He was a judge who took his duties very seriously, especially in the Highlands where he was based for many years,” Mr Kua said. Justice Mark Sevua, senior judge and a close colleague of the late judge, told The National that Justice Hinchliffe’s death was “ a great loss to the PNG judiciary. As the most senior and experienced judge PNG has had, his death will definitely leave a great gap within the judiciary.” Justice Hinchliffe arrived in PNG in 1987, just four months shy of turning 41 years old.

He was appointed as a judge in PNG on Jan 12, 1987 for a period of three years but went on to serve the National and Supreme courts for just over 22 years. At the ceremonial sitting welcoming him to the PNG bench, he promised to give his best to PNG; knowing full well that “courts are known to be demanding and require dedication and vigour”. Justice Hincliffe then went on to serve as senior resident judge in Lae, there after: from 1987 to 1998 and as senior resident judge in Mt Hagen from 1999 until his death. Justice Hinchliffe was also actively involved with community service in PNG through his additional role as the Chairman of the National Volunteer Service (NVS) Council, a position he held for 19 years (since 1990).

NVS Executive Director Mark Mondia said: “The late Justice Hinchliffe had a passion for rural community development and voluntarism in PNG’s rural areas. He also had a vision for placement of skilled PNG volunteers in rural Aboriginal communities of Australia’s Northern Queensland and the Northern Territory; and the South Pacific countries.”Mr Mondia described Justice Hinchcliffe as “a man of forgiveness, compassion and very understanding in all his approach to work, relating to volunteerism in rural communities”.

And that he gave up his “time and effort tirelessly, showing care and love for everyone”; refusing any form of payment for his services. Perhaps, Governor General Sir Paulias Matane’s words in his condolence message last week best summarises the great vacuum that the late judge leaves behind. “He will be most remembered for his personal interest in the people and in advocating peace and the rule of law, right through to the rural people of the Highlands region.

As we mourn his loss, we also take pride in remembering his tireless effort, commitment and contribution towards peace and justice in PNG”Justice Hinchliffe was bestowed the honour of ‘Commander of the Most Excellent Order of the British Empire (CBE) for “outstanding services to Justice and community” in 1995. During his 22 years in PNG, the late judge served on many judiciary services committees (in both PNG and Australia) in various capacities and was also deputy Defence Force judge (1997- 2001).

He was also a lecturer (Ethics) at the Legal Training Institute. He also served on many community-based committees including the PNG Scouts and Girl Guides Associations, NVS, PNG Cancer Relief Society, patron of Bridge Ministries Half-Way House (for recently released prisoners) in Lae, was president of the Royal Society for the Prevention of Cruelty to Animals in PNG (RSPCA), Morobe Red Cross, Papua-Melbourne Cricket Club and in 1998, he was awarded Paul Harris Fellow by Rotary International and also awarded PNG’s 25th Anniversary Medal in 2000.According to his will, the late Justice Hinchliffe will be buried beside his mother at their home burial plot in Geelong, Victoria, Australia.

His body was accompanied home to Australia yesterday by his two brothers, John and David, and his sister, sister-in-law and nephew who flew up with his body from Brisbane to Mt Hagen for his funeral service on Wednesday. Two senior judges, Deputy Chief Justice Gibbs Salika (and his wife) and Justice Mark Sevua will represent the PNG judiciary as they accompany their colleague to his home town for burial. Tomorrow, as he is being laid to rest, it is interesting to note what he said on the official occasion recognising him on the bench back in 1987.“Although I have only been here for a very short time, I have read and heard many things about the problems of law and order. Sadly, it is a worldwide problem.

It would be arrogant of me to say too much about it because of my recent arrival. But one thing that immediately comes to mind is the importance and necessity of maintaining a strong and loving family unit. A unit that contains responsible parents or guardians who are prepared to raise and guide their children to adulthood. To ensure that they provide the best education that they can afford and to encourage them to stay at home until they can support themselves in a legal fashion...”

He also made reference to urban drift, saying: “I gathered from my short circuit in Lae that there are many young people who have drifted to the city with high hopes but no means of support. They soon lapse into a life of crime in an effort to survive....” With his words in mind, we bid farewell to the late Justice Hinchliffe and thank him for his dedication and service to PNG.

*** PNG lost one of the great judges and it will be difficult to replace. I had a rare chance to be on two occasions at his National Court sitting and have admired how he handled the cases. Justice Hinchliffe had a heart for PNG and have fallen in love with PNG. Such foreign nationals are rare these days. PNG will truly miss a good judge and a community advocate at all levels.
Rest in Peace, Your Honor