Retired Australian judge (88) offers to swap places with refugee

An 88-year-old retired judge has offered to swap places with a refugee held in offshore detention, volunteering to live the rest of his life on Manus or Nauru in exchange for one refugee being sent to Australia.

Jim Macken, a former justice of the industrial court of New South Wales, union official, and a member of the Order of Australia, has written to the immigration minister, Peter Dutton, offering a "body swap" with a refugee held on one of Australia's two offshore detention islands.

Macken has conceded his proposal “could be considered too novel for government” but says it is “perfectly possible”.

“I understand this is an unusual request but I offer it in complete sincerity. My reason for making this proposal is simple.

“I can no longer remain silent as innocent men, women and children are being held in appalling circumstances on Manus Island and Nauru.

“It is even worse that they are being held in these dangerous and inhospitable conditions in order to ensure no other asylum seekers and refugees attempt to come to Australia for protection.

“The Australian government is essentially treating refugees in these camps as human shields and this is utterly immoral. As this is being done in my name I cannot remain silent.

“I offer this proposal as a way forward for at least one refugee. This would allow one person currently held on Manus Island or Nauru the right to be an Australian citizen.

“I would consider it a privilege to live out my final years in either Nauru or Manus Island in his or her stead.”

He has also offered to relinquish his citizenship if necessary.

He told the Guardian he was prepared to be placed in detention on Nauru and Manus and stay there until he died.

“I’ve got nothing to lose. If it gets just one refugee off one of those islands, and gives them a chance at a life in Australia, I’m prepared to do it.”

He said he wasn’t seeking publicity and the “exchange” could happen without any public notification.

Macken sent his letter to Dutton last month. He has not received a reply.

He has also written to Malcolm Turnbull and the Labor leader, Bill Shorten, urging them to abandon offshore processing.

“I would urge you to become the good leader you could be and err on the side of compassion and justice,” he wrote to the prime minister.

Mr Macken, a former barrister and union organiser, was a judge on the NSW industrial court for 15 years until 1989 and was appointed a member of the Order of Australia in 2003.

He is a life member of the Australian Labor party and of the union movement. But he is fiercely condemnatory of Labor’s support for offshore processing.

“I believe you have considerable power that could be deployed to end this shameful situation once and for all,” he wrote in his letter to Shorten.

Dutton’s office has been contacted for comment.

Guardian