Search
This area does not yet contain any content.
Justinian News

Judicial shockers ... Latest from the trouble prone Queensland branch of the Federales ... Administrative law upsets ... Sandy Street overturned ... On the level in Canberra ... Missing aged care accountant ... Law shop managing director skewered ... Ginger Snatch reports from courtrooms around the nation ... Read more >> 

Politics Media Law Society


A Christmas card from 500 Words ... It's Christmas – time to consider Trump, Lehrmann, and Dutton's connections to the word "rape" … It's not Christmas without Lady Mary Fairfax … US Ambassador to Australia – looking for someone from the "diplomatic clown car" ... Read on ... 

This area does not yet contain any content.
Free Newsletter
Justinian Columnists

It's Hitlerish ... Reelection of a charlatan ... Republicans take popular vote for the first time in 20 years ... Amnesia ... Trashing a democracy ... Trump and his team of troubled men ... Mainstream media wilts in the eye of the storm ... Depravity, greed and revenge are the new normal ... Roger Fitch files from Washington ... Read more >> 

Blow the whistle

 

News snips ...


This area does not yet contain any content.
Justinian's Bloggers

Shmagatha Shmistie 2.0 ... Another round with Vardy and Rooney ... Remote evidence from a witness - on the bus ... Brazilian magistrate looses his shirt ... CV qualifications propped up by pork pies ... Fast justice by Scissors & Paste ... Floyd Alexander-Hunt in London with the latest regrettable court-related conduct ... Read more >> 

"Today is about Dad's wishes and confirming all of our support for him and for his wishes. It shouldn't be difficult or controversial. Love you, Lachlan."   

Lachlan Murdoch's text message to his sister Elisabeth on the eve of a special meeting to discuss altering the family trust so that Lachlan would run and control News Corp and Fox News ... Quoted in the opinion of the Nevada Probate Commissioner who ruled against changing the terms of the trust ... The New York Times, December 9, 2024 ... Read more flatulence ... 


Justinian Featurettes

The great interceptor ... Rugby League ... Dennis Tutty and the try he shouldn't have scored ... Case that changed the face of professional sport ... Growth of the player associations, courtesy of the Barwick High Court ... Free kick ... Restraint of trade ... Braham Dabscheck comments ... Read more ... 


Justinian's archive

Litigation's artful delays ... From Justinian's archive ... April 22, 2014 ... Lawyers and the complexity of litigation ... Delay as a defence tactic ... Access to justice includes preventing access to justice ... Reprising the Flower & Hart saga with starring role by Ian Callinan QC ... Abuse of process ... Queensland CJ declined to intervene ... Tulkinghorn on the case  ... Read more ... 


 

 

« Marksmanship | Main | Moot point »
Friday
Sep252015

The Wolf of Phillip Street

Drugs and lawyers ... Lawyers and drugs ... Getting busted while on the roll ... The stories that 'come up' at lunch ... Don't forget the CCTV cameras ... From our baby barrister blogger, Unrobed 

AS I sat in court 5.2 one morning last week, I watched the duty barrister addressing the magistrate and realised I knew her to be a fellow baby barrister. She was doing a sentencing plea in a criminal matter and I shifted uncomfortably in my chair as I remembered that her background was in commercial litigation. 

I tried not to react to the squeaks in her criminal law training wheels. It was a sentence for possessing prohibited drugs and it concerned a very pale young man sitting in the front row between his parents. Baby B was going for the top drawer - the section 10 non-conviction good behaviour bond. If I close my eyes, I can see it unfolding again. 

The magistrate's head is down. Nostrils visible and flaring. Not a good look from where I'm sitting so Baby B must be feeling the brunt of it at the bar table. I gather bits and pieces of the facts - the drugs were attached with sticky-tape to his naval and behind his ear in the shape of a hearing aid.

Drug dog Belle took a shining to him while his mates stayed in the line for the festival and waved goodbye. Baby B is pulling out all stops to protect him from a criminal record. 

About half-way through her submissions, the magistrate must have finished filling in the court papers with the sentencing orders, but it wasn't until he started stamping the papers that she realised he had heard enough.

The magistrate's sentence was delivered in the form of a well-rehearsed spiel that went straight for the jugular. Boy oh boy did that boy get a stern talking to.

He was even lectured about Anna Wood, the teen who died in 1995 after taking a pill at a rave in Sydney. Never mind the fact that in 1995 the boy wasn't even born. Or the fact that Anna's death was due to the effects of water intoxication that was secondary to her ingestion of the drug.

Spoiler alert: he received a conviction. At least he didn't get the red "Crim" stamp on the front page of his CV and across his passport photo.

We might be forgiven for thinking the magistrate was unreasonably harsh amidst the increasing awareness of recreational drug use in society and the growing support for its decriminalisation.

Yet the bottom line is that the magistrate was merely doing his job by applying the law, where the law is provided by the parliament. But pity the fool who forgets what is inscribed upon the old sheepskin parchment that Sir Robert Menzies loved so much: nobody is above the law. Particularly those in the law.

It's a dangerous time to be a DPP lawyer who likes to unwind with a bag of the fun stuff. Big Babb is watching. Apparently he's got a special squad of police who have a knack of bumping into DPP lawyers in the wrong place at the wrong time.

And by bumping into, I mean recognising them sitting in the back of a cab, deciding to follow the cab, observing them make a quick pit-stop to approach a shady figure, and then hitting the sirens, pulling them over, and shining a torch into the depths of a designer clutch. Find!

On the other side of the criminal justice system, we have the Marsdens solicitor who was defending his clients in court one morning, and wearing their shoes by that evening.

He'd been cruising around Eastlakes when he was stopped for a random breath test. No sooner had he finished counting to ten, the police were looking inside his car counting a stack of particularly fishy looking sushi containers. By fishy I mean they didn't contain any fish at all.

The next day it's business as usual. There's a new CAN on his desk that boasts several charges of supplying a prohibited drug, possessing a prohibited drug, and possessing goods suspected of being stolen. Except this time it's got his name on it.

The media loves these stories. And we just lap it up - "he should know better ... criminal solicitor indeed ... wasabi burns". 

But I find the best stories are the ones you won't find in the media. They just sort of "come up" at lunch.

Try this with a side of steamed broccoli: A big firm junior lawyer makes arrangements to meet his drug dealers one Friday night. He tells them to meet him outside his work. He doesn't do the exchange there, with over-worked colleagues still filtering out the front doors to go home for a few hours - he's not an idiot.

He brings the dealers up to his office, they're dressed in baggy jeans and white sneakers (they're the real deal) and escorts them into a meeting room. What happens next is unsurprisingly a blur.

The following day he makes an unprecedented weekend appearance at work. He's got a lot of cleaning to do. But that's not the end of it. It never is. Come Monday morning, apparently he's missed a sticky spot or two on a table, but it's the CCTV cameras he'd forgotten about.

There's no denying the prevalence of drugs in our society, and our own kind is no exception.

See you at the Christmas party.

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.
Member Account Required
You must have a member account on this website in order to post comments. Log in to your account to enable posting.