John Birley Abernethy (born 1947 in
Wagga Wagga
Wagga Wagga (; informally called Wagga) is a major regional city in the Riverina region of New South Wales, Australia. Straddling the Murrumbidgee River, with an urban population of more than 56,000 as of June 2018, Wagga Wagga is the state's ...
, Australia) is a former
State Coroner of New South Wales
The Coroner's Court of New South Wales is the court in the Australian state of New South Wales where legal proceedings, in the form of an inquest or inquiry, are held and presided over by the State Coroner of New South Wales (or NSW State Co ...
.
Early life and education
John Birley Abernethy was born in
Wagga Wagga
Wagga Wagga (; informally called Wagga) is a major regional city in the Riverina region of New South Wales, Australia. Straddling the Murrumbidgee River, with an urban population of more than 56,000 as of June 2018, Wagga Wagga is the state's ...
,
New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
in 1947.
[Phillip William Hughes. (2007.]
''Opening Doors to the Future: Stories of Prominent Australians and the Influence of Teachers''
Australian Council for Educational Research
The Australian Council for Educational Research (ACER), established in 1930, is an independent educational research organisation based in Camberwell, Victoria (Melbourne) and with offices in Adelaide, Brisbane, Dubai, Jakarta, Kuala Lumpur, Lond ...
. His father, Robert Neil Abernethy,
was a bank officer; and his mother was a registered nurse.
He has a younger sister, Myra who suffered from an illness which resulted in the family's relocating from rural New South Wales to
Epping, a northern suburb of Sydney.
Abernethy attended Epping Public School and Epping Boys' High School.
He completed the Leaving Certificate with strong results, allowing him to matriculate to university.
In his final year of high school, he was elected a prefect of the school.
Abernethy earned a Graduate Diploma in Law,
by correspondence, from the Bar Admission Board via the Law Extension Committee of the
University of Sydney
The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public university, public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one o ...
(BAB; now Legal Profession Admission Board (LPAB)).
Career
After leaving high school, In 1965, Abernethy joined the (then) Petty Sessions Branch of the
New South Wales Department of Attorney General and Justice
The New South Wales Department of Justice was a state government agency in New South Wales, Australia, that operated under various names between 2009 and 2019. In 2019, most of its functions were absorbed by a new Department of Communities and ...
,
where he worked until he became a Stipendiary Magistrate in 1984.
For three years after his appointment as a Stipendiary Magistrate, Abernethy sat as a Relieving Magistrate and, later, as a Magistrate at
Fairfield and
Parramatta
Parramatta () is a suburb and major Central business district, commercial centre in Greater Western Sydney, located in the state of New South Wales, Australia. It is located approximately west of the Sydney central business district on the ban ...
Local Courts.
In 1975, Abernethy was admitted to the
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court ...
as a
Barrister-at-Law
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and givin ...
.
Magisterial career
In 1971, Abernethy was appointed Coroner for the State of New South Wales.
In 1984, Abernethy was appointed a Stipendiary Magistrate for New South Wales; a year later, he was appointed a Magistrate for New South Wales under the ''Local Courts Act 1982'' (NSW),
as a Magistrate of the
Local Court of New South Wales
The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New So ...
.
Coronial career
In 1994, Abernethy was appointed New South Wales Deputy State Coroner; in 1996, he was appointed New South Wales Senior Deputy State Coroner; and, in 2000, he was appointed State Coroner of New South Wales.
During his tenure as State Coroner, his office oversaw the inquest into the death of
Vanessa Anderson
The Garling Report (formally titled the ''Final Report of the Special Commission of Inquiry into Acute Care Services in NSW Public Hospitals'') is a 2008 report prepared by the office of the Australian Commissioner Peter Garling, SC following a s ...
; the inquest itself was presided over by Deputy State Coroner Carl Milovanovich.
Abernethy presided over the inquest into the death of Tegan Lane, the daughter of Australian water polo player
Keli Lane.
Post-retirement
Following his retirement, Abernethy has commented on the car pursuits by the
New South Wales Police Force
The New South Wales Police Force (NSW Police Force; previously the New South Wales Police Service and New South Wales Police) is the primary law enforcement agency of the state of New South Wales, Australia. Divided into Police Area Commands ...
, arguing in favour of them to prevent the escape of criminals.
Legal issues
In 2005, Abernethy was detected to have exceeded the legal
speed limit
Speed limits on road traffic, as used in most countries, set the legal maximum speed at which vehicles may travel on a given stretch of road. Speed limits are generally indicated on a traffic sign reflecting the maximum permitted speed - expre ...
of 40 km/h while driving in a
school zone
A school zone refers to an area on a street near a school or near a crosswalk leading to a school that has a likely presence of younger pedestrians. School zones generally have a reduced speed limit during certain hours.
Fines
Fines for speed ...
, resulting in the suspension of his
driver's licence.
Personal life
Although born to and raised in a
Presbyterian
Presbyterianism is a part of the Reformed tradition within Protestantism that broke from the Roman Catholic Church in Scotland by John Knox, who was a priest at St. Giles Cathedral (Church of Scotland). Presbyterian churches derive their na ...
family, Abernethy left the church as a young man.
In later life, he converted to
Roman Catholicism
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
.
Abernethy lives in
West Pennant Hills, New South Wales
West Pennant Hills is a suburb in the Hills District of Sydney, New South Wales, Australia. West Pennant Hills is located 20 km north-west of the Sydney central business district in the local government areas of The Hills Shire and Ho ...
.
References
External links
John Abernethy – State Coroner – Australian Museum
{{DEFAULTSORT:Abernethy, John
Australian barristers
Australian coroners
Australian magistrates
Australian people of Scottish descent
Australian Roman Catholics
Converts to Roman Catholicism from Presbyterianism
Living people
1947 births
People from Wagga Wagga