Joy unbounded: Trial by Jury

Talitha Fishburn


In joyful musical celebration of the bicentenary of the Supreme Court of New South Wales, the Banco Court was transformed to an opera stage for the performance of Trial by Jury, a comic cantata created by Gilbert and Sullivan and performed by the NSW Bar Choir conducted by Maestro Peter Hidden AM KC. The performance was produced by Victoria Hartstein and accompanied on piano by the masterful musician, Simon Kenway of Opera Australia and the Sydney Conservatorium of Music.

The sell-out operetta ran over two nights, with tickets snapped up in hours by 620 lucky attendees (apparently causing a thriving secondary ticket market on Phillip Street in the days leading up to the performances).

The setting was naturally ideal for the story – a courtroom drama concerning a breach of promise of marriage suit.

The show commenced with the Jury (played by members of the chorus of the NSW Bar Choir) filing into court and being sworn in by the stern Tipstaff (Dr Tim Channon). Next, the self-represented defendant, Edwin (his Honour Justice Francois Kunc) arrived in court and was greeted with hostility by the biased Jury, though he pointed out (in resonant dulcet tones) that they have no idea of the merits of his case. Fair point! Next, and with much grandeur and pomp, the Judge (Emeritus Professor Rosalind Croucher AM) entered and explained to the captivated Jury in rhyming song how she rose to power, including by courting a ‘rich attorney’s elderly ugly grandson’. Then the Plaintiff Bride, Angelina (Cath Kelso) was summoned and elegantly strolled into court where she was attended to by her flighty Bridesmaids (Margaux Harris, Jehane Ghabrial and Marie-lyse Eliatamby). With the parties present, the case opened. Angelina’s learned counsel (Annabel Clemens) sang moving, high-pitched submissions about Edwin’s cruel betrayal. Yet, ever the deal-maker, Edwin offered to marry both Angelina and his new, unnamed flame! The Judge entertained Edwin’s submission as a ‘reasonable proposition’, but Angelina’s counsel opposed it and explained that ‘since the days of James II, it has been a rather serious crime to marry two wives at a time’ and labelled it a ‘burglary’. This incited the Jury who then deliberated over the ‘nice dilemma’ that had unfolded. Ultimately, in an act of judicial discernment, the Judge offered to marry Angelina herself and the proceedings concluded with ‘joy unbounded’ with a happy ending celebrated by all.

The libretto was masterfully modified by Victoria Hartstein and surtitles were displayed on screens during the performance.

Sydney costume designer Juliet Reid created show-stopping soloist costumes that were ‘Sydney-centric’ in theme and immensely creative. Angelina wore a stunning bridal dress, the shoulders of which resembled the sails of the Sydney Opera House. The Judge’s robes resembled the Sydney Harbour Bridge, and her jabot had the Australian flag and Aboriginal flag on each tip. Edwin was donned in a bathrobe and amusingly had a neck tie printed to his t-shirt. Angelina’s counsel’s robes paid homage to Sydney’s sharks with a life-sized shark fin menacingly protruding from the back. The Tipstaff had two pesky ‘bin chickens’ stationed on each shoulder. Juliet also made hair pieces – in the style of sulphur-crested cockatoos for the Bridesmaids, and red waratahs for the female jurors.

The show was a tremendous success. In fact, one member of the High Court of Australia who was in the audience declared, ‘it [the show] must come to Canberra!’ It seems a tour bus might need to be organised – a matter that is yet to be fully explored in the choir’s often rather active and animated email distribution list!

Arguably the show’s finest achievement was that the production genuinely created unbounded joy for cast and audience alike. The hugest thank you is due to Victoria Hartstein and Maestro Hidden for their enormous efforts in creating the show, which was over a year in the making.

Reflections from some of the show’s stars.

Hearty congratulations to Vicki Hartstein, who came up with the idea for the show and whose adaption and production was inspired, and to Juliet Reid for her remarkable tongue-in-cheek costumes. Heartfelt thanks to Simon Kenway, whose artistry and experience was invaluable. And, of course, tributes to the choir – soloists and chorus – whose spirited performance was outstanding. Together, like true lawyers, they revelled in the sheer absurdity of it all! It was a joyous experience for me. That said, it was my first effort at conducting an opera and I’m in no hurry to repeat it! (The Hon. Peter Hidden AM KC, Conductor)

I had so much fun writing my ‘updated’ lyrics and then going to rehearsals with Peter [Hidden] and organising the show. As soon as Peter and I met the wonderful Simon Kenway, we knew we could make the show a success with a really polished performance. We always knew our immensely talented soloists and chorus were up to the task and, most importantly, would enjoy themselves. And then of course, I found Juliet Reid with her extraordinary imagination and talent for making costumes. I was lucky to have the Chief Justice’s enthusiastic support and the assistance of his staff in making an event in the Banco Court possible. (Victoria Hartstein, Producer)

Lots of fun and a very different perspective to my usual view in the Banco Court. (His Honour Justice Kunc, ‘Edwin’)

Choral singing is such a marvellous team sport – aerobic and with limited risk of injury. Being part of the Bar Choir since its inception has provided a wonderful musical outlet for me and fellow choristers, under the inspired and constant musical direction of Maestro Hidden. Whatever hierarchy one has in the other part of the day is abandoned in favour of the pure delight of choral harmony. Trial by Jury, with Vicki Hartstein’s delightful and mischievous adaptation, took this to an entirely new level – stretching all of us out of our comfort zones! While I had played in the pit (oboe) for musical theatre, and my mother (Dr Amy McGrath) wrote some wonderful works (in which I performed in my early 20s), I had never done anything so exposed as the solo singing role of ‘the Judge’ in my life! With all my six grandchildren in attendance on the second evening, my wonderful costume was a good disguise to avert their usual delightful greetings of ‘Grandma’, which they gave me in spades when [I was] in my civvies after the performance. (Professor Rosalind Croucher, ‘The Judge’)

As a result of being cast as the Tipstaff, I have achieved the near impossible: I commanded Her Excellency the Governor of New South Wales, the chief justices of the High Court of Australia and the Supreme Court of New South Wales, and many current and former members of the judiciary at all levels to rise from their seats, and they did! Naturally, I am hopeful that the show will move to the High Court of Australia in Canberra so that I can add the Governor-General of Australia, the Prime Minister and leader of the opposition to my list of conquests! Many, many thanks to all! (Dr Tim Channon, ‘the Tipstaff’)

I was delighted to receive the call up from Maestro Hidden to sing the role of the Plaintiff, the jilted bride, Angelina. It was not until sometime later that I came to appreciate that my ‘opponent’, Edwin, would be a sitting Supreme Court judge and that I would be singing, acting (and litigating) in full costume (and sunnies) in front of so many members of my profession, colleagues, the judiciary and the Governor of New South Wales! The only way to deal with this startling situation was to draw on the incredible enthusiasm and talent of fellow performers, the reassurance of the Chief Justice (who was a discreet observer at dress rehearsals) and the energy and ebullience of our packed audiences to make my first and (no doubt) last appearances in the Banco Court count! It was an experience I will never forget. Not only was it a huge honour to play a small part in the magnificent bicentenary celebrations of the Supreme Court, but it was also the most fun I have had (and can ever expect to have) in a courtroom. Many thanks to Peter, Vicki, Simon, Juliet and the Chief Justice for their vision and everyone else who made the show happen. The tricentenary committee have a hard act to follow! (Cath Kelso, ‘Angelina the Bride’)

I’m extremely grateful to be cast as Counsel for the Plaintiff (aka ‘Sharky’), my first ever theatrical solo, because I had a blast! I particularly enjoyed channelling the fear of an unexpected question from the judge, the flurry of trying to find relevant authority and make oral submissions, and the satisfaction of having them accepted – but this was all rehearsed and set to music, so it wasn’t scary at all, just hilariously fun. (Annabel Clemens, ‘Plaintiff’s Counsel’)


Judge (Rosalind Croucher). Credit: Neil Thompson Rees
Producer Victoria Hartstein and costume designer Juliet Reid. Credit: Neil Thompson Rees
Members of the jury (including barristers Greg Johnson and Jock Baird) Credit: Neil Thompson Rees
During the show – the entire cast with pianist Simon Kenway. Credit: Neil Thompson Rees
Conductor, Maestro Peter Hidden. Credit: Neil Thompson Rees
Plaintiff’s Counsel (Annabel Clemens) and Angelina (Cath Kelso). Credit: Neil Thompson Rees
Male chorus members (including barristers Jock Baird, Greg Johnson, Nicholas Simpson and Craig Lambert) with conductor Maestro Peter Hidden. credit: Neil Thompson Rees


Talitha Fishburn

Black Chambers