Social justice for the accused
Like many, Robert Stary dislikes violence. Yet unlike most of us, he devotes his life to aiding those who commit it.
Stary’s least favourite cases are those regarding violence; but the majority of his work is dealing with assault charges, from minor pub brawls to homicides. The “hardest thing” about his job as a criminal defence lawyer is working with the people who commit these offences. Yet Stary is driven by a desire to help the people “whose lives are completely chaotic and disrupted” - people who haven’t been afforded the educational opportunities and family support that he has enjoyed, predominantly youth aged 18-25 years.
Although he is most renowned for his defence of the violent Jack Thomas, Carl Williams, and Tony Mokbel, and the editor-in-chief of the Wikileaks website Julian Assange, these high profile cases only represent 2 per cent of his work. The majority of Stary’s work is not for well-known figures, nor is it all characterised by violence and criminals. The underlying tenet of Stary’s practice is his desire to achieve social justice.
To him, being a criminal lawyer is being a human rights lawyer. The powers and resources of the state are continually growing, all which work against the “powerless”, “marginalised” individual who usually has nothing. This individual needs support, so, passionate to participate in social justice since he was a teenager, Stary acts to protect them.
He is not deterred by the fear of attaining freedom for a criminal. “I’m more worried about people who are innocent being found guilty,” confirmed Stary. “That’s the greatest worry.”
“When you have someone’s wellbeing and liberty in your hands it’s terrifying.”
“Rob has a major concern for fairness and justice which pervades the firm’s approach,” commented his colleague, Simon Moodie, who has worked alongside him at Robert Stary Lawyers since 2011.
In 1995, Stary established Robert Stary Lawyers, which is now the largest specialist criminal law firm in Melbourne. He wanted to be free to take on the cases of his choice and his passion, rather than being driven by the commercial desire to make money.
Stary undoubtedly approaches his work with much care and compassion for his clients. He does not describe his work as simply work, but rather as “looking after people.”
“Although he was a true professional, it was apparent to me that Rob cared deeply about my feelings and about getting a good outcome,” perceived Anthony Seyfort, one of Stary’s non-criminal clients.
Considering the compassion which guides Stary, the inhumane and cold-hearted stereotype of a defence lawyer seems very ironic. Yet he experiences the consequences of it; abuse is not uncommon.
The firm “get a torrent of abuse when acting for the terrorism suspects.” As most of these clients are Muslim or Islamic, and are driven by ideological and religious motives, the firm often receives much abuse labelling them as “traitors” and “unpatriotic”.
“Amazingly”, the most abusive letter Stary has ever received, threatening the life of his wife, children and client, was from a member of ‘Residents Against Graffiti Everywhere’, angry that Stary was defending an 18 year old for vandalising trains.
Stary predictably receives abuse from clients, ranging from letters of disagreement to the book ‘How to Kill Your Lawyer’ from a client being charged with murdering his family’s lawyer, “but it’s rare, it’s not often really.”
“Contrary to the public belief”, Stary discovered the pleasant nature of underworld figures murderer Carl Williams and drug trafficker Tony Mokbel when acting for them. Appearing surprised himself, Stary repeatedly notes their charm.
“Ironically, they were two of the most charming, courteous, gracious and polite clients I’ve ever had.”
Surprisingly, Stary experiences less difficulty dealing with society’s accused criminals than he does with ordinary citizens.
Immersed in this controversial, intense work, Stary is inevitably emotionally impacted.
Stacks of paper crowd his large office – his many case files. Pub brawls, homicides, theft, assaults, psychiatric patients, grieving families, angered victims. These are typical elements of Stary’s daily life.
Much of what he does is emotionally draining, and working 60 hours a week, Stary “live[s] and breathe[s] it all the time.” The cases all have an accumulative effect on his psychological state, particularly the stories of tragedy.
“All those things take a toll on you,” he says slowly between sighs. “Eventually, they just wear you down.”
“The [client’s] family become dependent on you…. And it’s quite emotional and you’ve just got to live with it all the time.”
Almost 34 years down the line, Stary takes more time off now than ever. “I just can’t cope with it ‘cause it’s too stressful.”
Lila Petar Vrklevski and John Franklin’s 2008 study, ‘Vicarious Trauma: The Impact on Solicitors of Exposure to Traumatic Material’, investigated the psychological states of those working in criminal law compared to those in other areas of law. The study concluded that “criminal lawyers reported significantly higher levels of subjective distress and vicarious trauma, depression, stress, and cognitive changes in relation to self-safety, other safety, and other intimacy.”
“Most lawyers drink too much,” laughs Stary when asked about the stress that comes with his profession. Not him. Having worked for decades with mistakes made by alcohol affected-people, Stary does not drink alcohol, and encourages his daughters to do the same.
Instead, Stary turns to healthier methods to seek reprieve from his intense career. “For therapeutic reasons”, he spends his leisure time at his country Victorian property among his “collection of exotic plants”.
“I live up there to escape, to be honest.”
While Stary faces many challenges because of his job, for the success stories it’s all worth it. Last year Stary received a letter from a client five years after he prevented her from receiving a drug conviction as an 18 year old. Having now graduated from her tertiary studies and secured a good job, she wanted to thank him for turning her life around.
As he tells this story a wave of softness carries away his previously solemn expression. A faint smile emerges and a warm look enters his eyes; cases like this are why Stary endures what he does.
“It’s very rewarding to see that you can have a positive role in someone’s life.”
