Moles and field agents report
Wednesday, August 1, 2012
Justinian in ACT bar, Goings On ..., Human rights, Rod McGeoch, Struck-off, professional conduct

Chinatown ... ACT's silk applications (update) ... Olympic hero struts his stuff ... PR man Pelly splits with NSW AG ... Jobs for the NSW Law Society boys ... Human rights jamboree 

AN anonymous note is stuffed under my door: 

"DPP/NSW covering up their own Einfeld." 

What on earth does this mean? 

*   *   *

I SEE that Sydney solicitor Paul Mee Ling has been struck off the jam roll.  

In the 1980s his father, Adrian Mee Ling, also ran foul of the stipes, but managed to avoid the noose. 

Mee Ling Solicitors is the Chinatown law shop that at one time gave the king-of-comb-overs Liberal MLC David Clarke his solid grounding in the law. 

*   *   *

CHATTER around the Molonglo is that Stuart Pilkinton has applied for a silk gown in the ACT. 

The decision of the selectors is eagerly awaited, particularly in view of the fact that those with longer memories recall that Stu was the subject of a finding by the Full Federal Court in 1992 that he had perverted the course of justice. 

You can research the details here.  

Pilkinton appeared for Dorothy Camilleri in the Canberra Magistrates Court, and on behalf of his client announced a plea of guilty to a charge of DUI.

Camilliri had given a false name to the police when she was pulled over - that of Rozanne Marie Crawford.

She continued to use this false name when she appeared in court and Pilkinton was aware of that, as he had acted for her in other matters. 

He was found guilty by Magistrate Ward of attempting to pervert the course of justice. This was over-turned by Foster J in the ACT Supremes. 

The practitioner explained: 

"I considered it quite improper for me to volunteer to the court, without instructions to do so, as I had none, that she had committed some other offence, in exactly the same way as if a client tells me they have 10 convictions, and the prosecutor says, 'nothing known', you do not tell the court about the convictions." 

This didn't wash with the Full Feds. Michael Black CJ said: 

"Mr Pilkinton's participation in the deception of the magistrate involved not merely a tendency to pervert the course of justice but an actual perversion of, or interference with, the course of justice ... 

The principle of public justice is seriously offended if proceedings in court are conducted on a false basis as they were in the present case." 

Pilk's conviction was restored. 

On Friday (Aug. 3) the ACT bar will announce its new crop of silks. 

*   *   *

I DON'T know why it is, but I'm spellbound whenever former Olympic hero Rod McGeoch is in performance-mode. 

The ex-Corrs' chairman is on the talk-shop circuit - spruiking corporate success, leadership and adding value to boardrooms: "Ask yourself every five or ten minutes, am I adding value?" 

What is it that makes him a dazzling speaker? Is it an excessive abundance of confidence? An abiding sense of self? Perfect timing and theatricality? Making a whole bunch of platitudes sound important? 

Maybe it's best if you decide after you view this lecture. 

 

*   *   *

THE legal practitioners disciplinary register is a strange beast. 

It's supposed to allow the great unwashed to see the lawyers who have been spanked by the bureau and in particular to give meaning to the words "public reprimand". 

Yet, in NSW it is a struggle to find this information online, as it is buried deep inside the Office of Legal Services Commissioner's website within the NSW Lawlink website

In any event, the "most recent" listings are not up to date and are confined to a short list of five practitioners who have been birched.  

Little wonder that we missed some important announcements, including this one from November last

"Public reprimand for Michael Joseph SC from Maurice Byers Chambers.  

Breach of the NSW barristers' rules 54, 55 and 76 - 

Telephoning the opponent's client in pending proceedings; 

Making statements that he knew to be false."

There was a "reasonable likelihood of a finding of unsatisfactory professional conduct".  

*   *   *

MICHAEL Pelly has bailed from Greg Smith's office as chef de communications after a feverish stint trying to manage the relationship between the NSW Attorney General and toxic shock-jock-blow-hard Ray Hadley. 

It now gives Pelly more time to concentrate on his biography of Smiler Gleeson. 

The former CJ has given Pelly a letter authorising him to speak to various sources. Gleeson reserves the right to correct the proofs for facts and dates, but all opinions, as they say, are free. 

Pelly is a former spinner for Liberal beastie Philip Ruddock, when he was Commonwealth AG. 

*   *   *

A MOLE tells me that the council of the NSW Law Society continues its practice of rewarding presidents and former presidents with plum adornments. 

Current LS prez Justin Dowd has secured a slot on the board of LawCover, which comes with an additional $60,000 a year. 

He fills the vacancy created by the resignation of Robert Bryden - owing to an unfortunate finding by the ADT of professional misconduct against the personal injury Czar. 

Despite the finding, Bryden is still a councillor of the Law Society - we just hope he didn't vote in favour of Dowd as his replacement, as that would be far too cosy. 

Stuart Westgarth, last year's president, received a spot on the board of LegalSuper and next year's president, John Dobson, is on the College of Law Board. 

Another LS councillor John Eades is also on the board of LawCover. 

Robert Dolk, the current chairman of the legal insurance business, is also the CEO - a position that does not endear itself to APRA. The regulator's governance standards spell it out: 

"The chairperson of the board of directors must be an independent director." 

*   *   *

OUR field agent at the big Monash-Castan Centre Human Rights knees-up filed this report of proceedings: 

"Tim Flannery informed us, again, that the planet will soon die unless we act now. Susan Ryan (one of the first age discrimination commissioners around the world) told us that there are two million people in Australia who could and would like to be working, but aren't because of age discrimination in the workplace. 

There was an interesting session about how the "War on Obesity" has led to a "War on the Obese" with increases in the stignatisation and discrimination of fat people. 

The trailer for the new Biggest Loser season highlighted the main arguments of Dr Samantha Thomas' case about the human rights implications of the fight against the overweight problem.

Professor The Hon. Gareth (formerly Gary) Evans talked about Syria - awful and interesting, but nothing that hasn't been covered. 

There was a fascinating talk by Sami Ben Gharbia, a Tunisian blogger and anti-censorship activist, who was involved in the uprising. 

He explained how he mobilised people on the net and circumvented the government's censorship attempts.

Former Commonwealth Ombudsman Allan Asher spoke about conditions in detention centres and asylum seeker issues. He said that reviews he had instigated were never followed-up and material he had written for his annual report on asylum seeker suicide rates were never published. 

Ron Merkel QC spoke in length and in detail about constitutional executive power. By now it was 5pm on a Friday, so many people can't remember anything he said." 

Update on Friday, August 3, 2012 by Registered CommenterJustinian

In a glowing press release on Thursday night (August 2) the ACT bar announced that former president and current vice-president Stuart Pilkinton has been appointed a senior counsel. No other contenders made the grade. 

Bar president Philip Walker said: 

"After consultation with more than 30 members of both local and interstate judiciary and senior barristers, the support for Mr Pilkinton's appointment was very strong. Mr Pilkinton met all the essential criteria for appointment. He can truly be seen as a leader of the bar." 

 

Article originally appeared on Justinian: Australian legal magazine. News on lawyers and the law (https://justinian.com.au/).
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