A mace to swat two blow-flies : interpreting the Fitzpatrick and Browns priveledge case

It is not widely remembered that on 10 June 1955 two men, Raymond Edward Fitzpatrick and Frank Courtenay Browne, were sentenced to gaol for three months on a vote of the Commonwealth House of Representatives for contempt of parliament. Two parliamentary officials, Frank Green and Harry Evans, have dominated scholarly attempts to explain this unusual event. To the former, the privilege case largely reflected the animus of Prime Minister Menzies towards Browne and his desire for revenge. To the latter the matter was a genuine case of contempt. This article revisits the 1955 Bankstown Observer privilege case with the benefit of recently released archival material. It seeks to understand why two citizens were deprived of their liberty without legal representation or redress and to find some compromise between the divergent interpretations proffered by Green and Evans.