Former judge Marcus Einfeld struck off roll of legal practitioners

Susannah Moran July 23, 2009
Article from: The Australian

DISGRACED former judge Marcus Einfeld will never practise law again
after a court ruled this morning he is not a fit and proper person
to remain a lawyer.

Three NSW Supreme Court of Appeal judges made orders and declarations
that Einfeld, 70, currently serving a two-year jail sentence for
perjury and perverting the course of justice, should be struck from
the legal roll of practitioners.

Einfeld's lawyer said his client would never apply to the court to
be reinstated.

The NSW Bar Association took action to have Einfeld removed from the
roll and this morning outlined a number of other offences they allege
Einfeld has committed.

Barrister Christine Adamson SC said Einfeld thought himself "above
the law” and "displayed extraordinary hubris” in his conduct. He had
sworn false statutory declarations in 1999 and 2003, it was alleged,
when Einfeld said a visiting academic and a doctor were driving his
car at the time photographs were taken capturing the offences.

But, the court heard, neither professor Nadine Levick nor Dr Timothy
Oliver, were in the country at the time.

Further, the witness signatures on the declarations were forgeries.

"It may indicate Einfeld has a complete disregard for the law,” Ms
Adamson said.

The NSW Bar Association also argued that Einfeld had used his skill as
a barrister to write a lengthy and detailed statement that he gave to
police when confronted with the allegation he had given false testimony
in the Local Court in 2006.

"The details he added to the web of lies which he had constructed to
give verisimilitude to the statement shows a cynical preparedness to
use the court system and its attendant fact-finding processes to his
own advantage,” the bar association said in its written submissions.

Einfeld did not admit to all the facts alleged to the court but did
not submit any evidence in relation to the allegations.

Acting chief justice of the NSW Supreme Court James Allsop ordered
Einfeld pay the costs of the hearing.


The judges reserved judgment on whether the facts alleged by the NSW
Bar Association had occurred and whether Einfeld should have put on
evidence if he believed he was innocent of the allegations.