Wednesday, 25 March 2009

FORMER Federal Court judge Marcus Einfeld has been jailed for repeatedly lying about a traffic offence.

In a packed hearing room at the New South Wales Supreme Court, Justice
Bruce James imposed a maximum three-year sentence on the 70-year-old,
with a minimum of two years. Einfeld had pleaded guilty to perjury and
making a false statement with intent to pervert the course of justice, to
avoid a $75 speeding ticket in 2006.

After the sentence was imposed, well-wishers went over to the dock where
Einfeld embraced and kissed many of them. At the suggestion of corrective
services officers, he handed over his valuables, including his mobile phone.
In reply to a comment from one supporter, Einfeld said, "Oh, the bag is
packed," and he was then escorted out of the dock. His lawyer, Ian Barker
QC, said Einfeld's tireless work for the disadvantaged and other mitigating
factors justified the imposition of a non-custodial term. But Wayne Roser,
SC, for the Crown argued Einfeld should be jailed, saying the counts were
"in the worst case category" of such offences. During his sentencing remarks
Justice James also concluded Einfeld had engaged in "planned criminal activity".

It was "deliberate, premeditated perjury" in order to avoid incurring demerit
points on his driver's licence. Justice James detailed the numerous lies
contained in a statement Einfeld made to police when he asserted he was
not driving his car when it was clocked going 10km/h over the speed limit in
the Sydney suburb of Mosman.He claimed he had lent his car to a woman,
who was visiting from the US, and his police statement referred to his elderly
mother remonstrating with him about the loan. He said his mother told him:
"Are you nuts? I have told you not to lend the car, even to the kids." Justice
James said it was highly unlikely Einfeld had lied to avoid a $75 speeding fine,
but instead found he was trying to avoid the associated demerit points.


1 comment:

Fariborz said...

As a victim of Marcus Einfeld saga I need a legal representative to sue the Federal Gaovernment for negligence and duty care as well as damages against Government departments and agencies.
They have no choice, either an Inquiry into all the cases he has handled or the tax payer foot the bill.

Frank Nejad
Victim in waiting