Turkey is as good a place as any to die: solicitor's journey ends abroad
John Marsden, the former Law Society president, died as defiantly as he lived, writes Kate McClymont.
JOHN MARSDEN maintained there were two great cities in the world, Rome and Campbelltown, but it was in Istanbul that the 64-year-old solicitor died early yesterday Sydney time.
Despite having a blood transfusion last week, Mr Marsden was determined not to let his lengthy battle with stomach cancer interfere with his trip to Dubai and Turkey.
Accompanied by his carer Michael Creswick and two other friends, one of them Wayne Flynn, a Sydney barrister, Mr Marsden left for Dubai on Friday.
In an email to friends before leaving, Mr Marsden wrote: "Yes, I am worried about my lack of strength and yes, I am worried about things that can happen but if you are going to stop in this big wide world, then you may as well stop and give up - and I don't stop and give up. That has never been my policy."
On Sunday night he rang the upper house MP Peter Breen from Dubai to see what the papers had written about his stoush with Mr Breen for defecting to the ALP. He told Mr Breen his legs were so swollen from a kidney infection he had been confined to a wheelchair.
"Don't go to Turkey, come home," Mr Breen said, to which Mr Marsden quipped: "Turkey's as good a place as anywhere to die."
His younger brother Jim said yesterday: "John chose not to take advice about travelling in his poor condition but he has been defiant for all of his life and he died the same way - defiantly."
Having had two bone marrow stem cell transplants in recent years, Mr Marsden had prepared a 37-page order of service for his funeral and Requiem Mass. It includes what his nieces and nephews are to say about him and says bottles of whisky and amyl nitrate and a marijuana joint are to be put in his coffin.
"I have been described as tough, arrogant, noisy and outrageous, over the top, mega ego - but a tenacious fighter for what I think is right," he wrote of himself in the order of service.
His friend Richard Cobden, SC, who is to present the Gay Rights Flag at his funeral, said Mr Marsden was "the most honest, bravest, hardest-fighting gay man I have ever known."
Indeed, the self-confessed "pot-smoking poofter" and former president of the NSW Law Society is probably best remembered for waging the nation's longest - and undoubtedly most salacious - defamation battle, against Channel Seven. The station broadcast programs in 1995 and 1996 claiming he had sex with underage boys, including rent boys.
Despite winning a reputed $9 million payout, most of which was his court costs, Mr Marsden's reputation was shredded. Every aspect of his private life - from his visits to railway toilets for anonymous sexual encounters to his use of amyl nitrate to heighten sexual pleasure - was paraded for public consumption.
His friend and barrister Michael Lee said yesterday: "The weight of the case crushed him financially despite his victory and it destroyed his health."
Ian Barker, QC, who represented him against Channel Seven, said "lawyers as clients are notoriously difficult, and he was no exception. I remember asking him at one stage why he bothered to pay me, when he could do it better himself." They had remained friends, he said.
Mr Marsden had friends from all walks of life - from the jailed businessman Rodney Adler to the Victorian Police Commissioner, Christine Nixon. Among those to give character evidence in his court case were Michael Knight, the former Labor Olympics minister, Ted Pickering, the former Liberal police minister, Tony Perich, the BRW rich lister, Mark Latham, the former federal Labor leader, and Kathryn Greiner, the former Sydney city councillor.
His funeral service says Mr Knight and businessman Rod McGeoch will give four-minute eulogies while his sister, Sally Paling, has been given seven minutes. His brother Jim and the High Court judge Michael Kirby both get five minutes.
In recent years Mr Marsden campaigned on human rights and social justice issues. One of his last emails to friends reflects on the disastrous handling of Private Jacob Kovco's death in Iraq: "Anyway, don't give up. I never give up. I never, ever quit. I hope to hang in there until I am about 80 like all those people that I see in The Sydney Morning Herald."
SMH May 19