By John Cain
JAMES HARLEY KENNAN
LAWYER, POLITICIAN
25-2-1946 - 4-8-2010
IN MARCH last year, Jim Kennan argued in the Supreme Court of Victoria that the conditions in which the accused people were held and transported to and from court adversely affected their physical and psychological health, so denying them a fair trial.
Jim Kennan
The judge agreed and indicated that he would not continue with the trial until the matters complained of had been rectified. They were.
The case illustrates Kennan's exemplary stand on fairness in a criminal trial, regardless of who the accused might be or what they were charged with - in this case terrorism.
Kennan, who has died of cancer at the Austin Hospital, was a persuasive and determined advocate. And, extending his fine legal mind, he became an astute and committed Labor politician whose underlying decency and sense of fairness and social justice permeated his working life as he helped reform the Victorian ALP.
He went on to hold several ministerial portfolios, notably attorney-general in the John Cain government before becoming deputy leader under Joan Kirner, and then, briefly, Labor leader following the party's defeat in the 1992 election.
Kennan's full life included two other dimensions: he was appointed adjunct professor of law at Deakin University in 2002, and he also had a foot in the business world as a consultant and company director.
Born in Melbourne into the middle-class family of dentist Harley and Margaret, the young Kennan was brought up to be conscious of, and respect, social justice values. The importance of education was emphasised, too.
By the time he entered Melbourne University's law school his views about what was wrong with society were evolving; he saw law as the vehicle to make society fairer and to protect the underdog.
Kennan had met Janet (nee Alexander) when he was in school and they shared time together as university students before they married in August 1969 after graduating.
For the next 18 months they lived in England, where they worked as untrained teachers. They also joined the Fabian Society.
When they returned to Australia, he went to the Victorian bar, and Janet began her formal training as a teacher.
This was the time the politician/lawyer/activist emerged. Kennan was a volunteer at Fitzroy Legal Aid, he joined the Labor Party, the local Fabian Society, and was a founding member of the Victorian Society of Labor Lawyers.
He then joined the small Labor group determined to reform the party in Victoria. He knew, at the time, it was not a good move for anyone pursuing advancement in the party. Janet said he knew early where his commitments in the law lay and he ''had no wish to be briefed by the top end of town''. To me he had said he ''did not want to be about moving wealth from one large corporation to another''.
His parliamentary career began in 1982, as a 36-year-old father of three children, aged six, five and three, when he entered the Legislative Council. He quickly adapted to the place and his speeches within the party, to the parliament and in committee work, reflected his Labor values.
By September 1983 he was in cabinet - attorney-general first, and successively in planning and environment, major projects and arts. I could put him in any portfolio and he would quickly master the brief.
In cabinet, he was a ''generalist'' - one who contributed across the whole of government. He was widely read, but perhaps more importantly he was a sharp observer and a good listener. This made his cabinet contributions telling. Any good cabinet needs a few like him, and he shared in the satisfaction of being part of a vigorous, reforming government across all areas of administration.
He was, however, like most ministers, dogged by some trade unions that fought many of the government's reforms around transport, health, education, power and the independence of the criminal justice system.
Some of these unions at the time took the view that formal affiliation with the ALP entitled them to control the government, and if unsuccessful, embarrass the government and its ministers. This attitude was fired up by factional power plays within the party and the unions. Kennan was one who was attacked for implementing government policy.
This behaviour undermined the government and disunity was rampant. The government was defeated at the polls in 1992, and Kennan knew the way back was a long one - but he stayed on, using his experience to build for the future despite a factionally divided party. (He had transferred to the Legislative Assembly and served as the member for Broadmeadows from 1988 to '93.)
He took up the job of leader of the opposition reluctantly. Doing things was more to his liking than being a full-time critic. When factional leaders made it clear he would not last long and would soon be replaced, he resigned from the leadership and parliament. As he put it at the time: ''I denied them the pleasure of hunting and killing their own.'' He is not the only person in politics to feel that way.
He had undertaken to stay around until the next election and help the party. Like many of his colleagues at the time, he wanted to train the next generation of Labor MPs. Unfortunately, he was denied that opportunity.
Kennan always said he was grateful to have been in government when change and reform were pursued and achieved, so leaving parliament was no great wrench for him.
His return to the law was predictable. He soon became a popular fit for cases where his sympathies and values were appreciated - typically by people injured on the road or in the workplace, and others charged by police.
Some of the high-profile cases in which he was involved for the defence included the Abdul Nacer Benbrika and Jack Thomas terrorism cases, the inquest into missing Moe toddler Jaidyn Leskie, and more recently, former police commissioner Christine Nixon at the bushfire royal commission.
A retired Supreme Court judge said to me recently that in court ''you could feel the strength of Kennan's conviction's coming through''.
Although dogged by ill health, he continued to appear in court right until a few days before his death. His work ethic remained strong.
Kennan saw work as his contribution to society - a mark of his citizenship.
The fair trial he argued for just last year had been what he had fought for since the early 1970s when he first went to the bar. A fervent reformer and agent for change, he was relentless and loyal to his friends.
Away from work, his interests included jazz and a love for the Geelong Football Club.
He is survived by his wife, Janet, children Laura, Edward and Andrew, and he was father-in-law of Geoff and Kiah.
John Cain was premier of Victoria from 1982 to 1990.
A state memorial service will be held for Jim Kennan in the Great Hall of the National Gallery of Victoria at 11am on Friday.