NSW District Court Judge Garry Neilson stunned millions world wide when he allegedly stated on the record that “incest was now only a crime because it may lead to abnormalities in offspring but this rationale was increasingly irrelevant because of the availability of contraception and abortion”, or words to that effect.
Judge Garry Neilson made the comments during the trial of a brother charged with raping his younger sister. The man has pleaded guilty to sexually assaulting his sister when she was 10 or 11 years old in 1973 or 1974 but has pleaded not guilty to charges relating to sex they had in 1981, when she was 18 and he was 26.
“By that stage they are both mature adults,” the judge said.
New South Wales District Court Administrators & Attorney General should Fire Judge Garry Neilson.
this is a particularly egregious example of the judiciary overstepping their mandate, effectively attempting to reconstruct the law. It should be noted that the judiciary does not make laws, they can force them. If this trend in public wanted to legalize incest, they would vote political representatives into office who would then convey the wishes of the public. It is presumed that Judge Garry Neilson’s personal sexual preferences may have influenced his comments. This is based on the premise that his comments are so diametrically opposed to such a vast majority of the population, that he must have deep unnatural urgings that he was unable to contain. Simply put, it probably looks at the world through a distorted worldview that is simply incompatible with the position of authority that he holds. He must be fired.
The comments were labelled misogynistic and “completely disgraceful” by Sally Dowling, the crown prosecutor, who has asked an appeal court to appoint another judge.
“The reference to abortion is particularly repellent,” she said.