Justice Brian Martin has been part of the legal tradition of appointing outsiders to hear controversial cases in small jurisdictions. Credit:ANDREW MEARES "As a consequence, the effectiveness of the commission is likely to be compromised from the outset. I am not prepared to proceed in the face of that risk. This royal commission is far too important to undertake that risk and, in the public interest, personal considerations must take second place." After Mr Martin's appointment, there had been disquiet regarding his perceived conflicts of interest, stemming from his time as chief justice of the NT Supreme Court from 2004 to 2010, a history with the Country Liberal Party government, and his daughter's previous job with the NT's former Labor attorney-general from 2009 to 2011. Mr Martin, also a former Commonwealth director of public prosecutions and judge on the South Australia Supreme Court, rejected the validity of doubts about his independence and competence and said his family had been drawn "quite unnecessarily" into the debate, adding he was not prepared to allow this. He suggested there were merits to the idea of appointing a commissioner from outside the NT, given the reaction to him, and rubbished suggestions that he would not give due attention to Indigenous perspectives, arguing he was "acutely aware" of their importance.

Prime Minister Malcolm Turnbull and Attorney-General George Brandis at last week's announcement naming Brian Martin as the commissioner. Credit:Andrew Meares Attorney-General George Brandis defended the original appointee as a "very suitable and eminent person" but said he respected the decision and Mr Martin's reasons for it. Senator Brandis predicted the development would not delay the royal commission getting under way and praised Ms White, a very experienced figure of the Queensland judicial system, and Mr Gooda, a Gangulu man from western Queensland and senior Indigenous figure. Emphasising that the government had consulted with Indigenous people on Mr Gooda's appointment, after being criticised for a perceived absence of this last week, the Attorney-General said he and the Prime Minister had "heard and heeded" the calls for Indigenous representation. In advice to the Indigenous Affairs Minister, Nigel Scullion, from the National Aboriginal and Torres Strait Islander Legal Service, Mr Gooda was recommended as the sole figure who would demonstrate the government's "commitment to building a respectful relationship with Indigenous people".

The morning after the Four Corners investigation into the Don Dale Youth Detention Centre near Darwin was broadcast, Mr Gooda - who has now resigned from the Human Rights Commission - tweeted that the federal government should intervene in the NT and sack the local CLP Giles government. Asked if he still felt that way, he said "we'll wait and see" and explained that he made the remark on a "day of emotions" full of "emotional responses" from many people. Opposition Leader Bill Shorten said Mr Martin's actions were "honourable" and not his fault but criticised the government for bungling the creation of the royal commission and welcomed the appointment of an Indigenous co-commissioner, which Labor had called for. "They rushed the royal commission appointment, they failed to talk to affected groups, especially in the NT, and this is what happens when you rush and you bungle, you create confusion, you create problems and put people into corners," Mr Shorten said. "Today's announcement could have been avoided if Mr Turnbull had simply learned one lesson - consult, co-operate, achieve consensus by listening to people."

The full inquiry into the NT's entire youth justice system was rapidly established last week after the ABC program, which exposed evidence of abusive treatment towards juvenile detainees. Mr Martin said Prime Minister Malcolm Turnbull and Senator Brandis had "expressed their disappointment" about his decision to resign but appreciated his reasons. In a jurisdiction where roughly 95 per cent of youth in detention are Indigenous, he said there is obviously "some advantage" in involving Indigenous people. "Whether that should be as a commissioner or whether someone who is consulting and advising the commission is a matter for debate and a matter that can be decided by those who are making the appointments," he said. "But, whichever way it goes, it is incorrect to suggest that someone who is not Indigenous could not conduct this properly and effectively provided that person consults and gets advice on those specialised issues."

Mr Gooda and Indigenous organisations such as the Central Land Council, Northern Land Council and Aboriginal Medical Service Alliance NT had all pushed back against Mr Martin being royal commissioner. Loading Two cases from his time as NT chief justice have drawn criticism from some camps: In 2009, he presided over an Alice Springs manslaughter trial of five men who attacked Indigenous man Kwementyaye Ryder and left him to die. The men, who pleaded guilty, received non-parole periods of one to four years. The case was seen as racially motivated.

In 2005, he sentenced an Indigenous man from the western NT community of Yarralin to one month in prison for the rape of a 15-year-old girl. Follow us on Twitter