Judge Penny Wass criticises DPP Sally Dowling over complaints to Chief Judge Sarah Huggett

A judge has delivered a seething spray against the state’s embattled top prosecutor after discovering DPP Sally Dowling SC secretly complained to the judge’s boss about the way she was doing her job.

District Court Judge Penny Wass SC was forced to delay the criminal case she was presiding over after being informed that Ms Dowling had emailed the court’s Chief Judge, Sarah Huggett on May 22, over legal calls she had made in three cases.

In the email, Ms Dowling made a threat to Justice Huggett that she would appeal Judge Wass’ calls if she made “a similar decision in the future”, Judge Wass revealed in a written judgment on May 26 for the case that can’t legally be identified.

Judge Wass told the court the timing of the Director of Public Prosecutions email was “highly inappropriate, particularly from an experienced Senior Counsel” given that she had to delay one of the cases to address the complaint.

“I do wish to assure the parties and any future litigants…that the correspondence from Ms Dowling has had absolutely no effect on my consideration of the relevant issues other than to further delay (the case)....,” Judge Wass told the court.

The flare up continues a developing war between Ms Dowling and a growing collection of District Court Judges.

Since last year, five judges have criticised Ms Dowling’s office for prosecuting rape cases they say were doomed to fail prompting an audit of every sexual case in NSW.

Legal experts said Ms Dowling may have broken legal conduct rules by complaining to the chief judge without informing the judge hearing the trial, the defence lawyers or the prosecuting lawyers on the case.

“If there is any complaint about a judge’s conduct during a case you can’t keep it a secret from any parties to the case - including the judge,” lawyer Paul McGirr said. “There has to be an opportunity for the judge to respond and right any potential missteps on the public record, otherwise there is a risk that a person won’t receive a fair trial.

“Justice not only has to be done, it has to be seen to be done.”

In her email, Ms Dowling took issue with an “emerging practice” by Judge Wass in cases which included ordering a witness to hand over their phone while they left the courtroom to take an emergency bathroom break.

Another included an order that Judge Wass gave for the disclosure of evidence in a second case which resulted in an accused pleading guilty.

A third saw Judge Wass direct a witness to produce their phone’s PIN code during a case for reasons that were undisclosed.

Ms Dowling told the chief judge that Judge Wass had “ignored the existing mechanisms” relating to the production of evidence.

Judge Wass found out about Ms Dowling’s complaint days later after being told about it by Justice Huggett.

“Indeed, the final remarks by Ms Dowling, as they contained a warning to me, made clear that they needed to be conveyed to me forthwith,” Judge Wass wrote.

Judge Wass criticised the timing of Ms Dowling’s complaint as it came when she was deliberating over two of the cases.

“Had this opinion been conveyed directly to me at any time, but particularly at this time, I would have regarded it as being highly inappropriate, particularly from an experienced senior counsel (like Ms Dowling),” Judge Wass wrote.

Judge Penny Wass takes aim at DPP Sally Dowling over complaints to boss | Daily Telegraph

Two jurors discharged in $10m fraud case

A pair of jurors have been dropped from a marathon multimillion-dollar tax fraud case, after one was searched by police mid-trial for a different alleged crime and officers discovered he had been covertly investigating the matter he was participating in.

However, NSW Supreme Court judge Desmond Fagan has stopped short of aborting the six month trial of George Alex and five others accused of conspiring to defraud the tax office of more than $10 million of PAYG tax, instead ordering the remaining jurors to “tell tales on each other” if they become aware of any further misconduct.

Justice Fagan had adjourned the court for the day after the Australian Federal Police searched the Sydney home of the rogue juror, known as Juror G.

Officers quickly learned the man was a juror in the unrelated criminal matter, and notified the court. As part of the search, police examined the juror’s phone and discovered he had been conducting prohibited internet searches related to the fraud trial.

At the time, Justice Fagan had been presiding over the matter for 71 days.

When court returned on Thursday morning, Justice Fagan said Juror G had been the subject of the unrelated AFP investigation.

He said despite the “emphatic, detailed instructions” he had given the jury every day to ensure they did not conduct their own searches separate to the evidence before them, Juror G “nevertheless went ahead” with his own internet inquiries.

“Under the Jury Act, I am obliged to discharge a juror who breached the act,” he said.

The court heard police arrived at the court on Wednesday afternoon to interview the remaining jurors. In the process of this, another juror – known as Juror A – was found to have been compromised after being in contact with Juror G, Justice Fagan said.

“There is no finding of misconduct of Juror A, but the communications of those two were somewhat close and repeated,” he told the court.

“(It leads) to a situation where I am satisfied that Juror A could not properly fulfil his duties as a juror.

“In relation to him, I have exercised my discretion to discharge him. I brought him into court this morning and explained the reasons and that he was no longer required to serve on the jury.”

Justice Fagan also said in the process of the police interviews, it was revealed three other members of the jury were aware Juror G was conducting his own internet investigation.

“It does not appear I ever did direct you in terms that if you became aware that one of your number were acting improperly … you should bring that to my attention,” he said.

“You must bring to my attention now if anyone breaches the direction I have so often repeated to you about not making independent inquiries.”

He apologised for being “heavy-handed” about the matter, but said if further jurors are compromised the case would “run the risk of being aborted and run again later, at a cost I leave to your imaginations”.

The trial, which began in February and is expected to last for about six months, relates to Mr Alex, his son Arthur Alex, Gordon McAndrew, Mark Ronald Bryers, Lindsay John Kirschberg and Pasquale Loccisano, who are accused of conspiring to not remit millions of dollars of pay-as-you-go withholding tax from the salaries of labour hire workers through a complicated network of businesses, causing a loss to the tax office.

All six men have pleaded not guilty to conspiring to cause a loss to the commonwealth from mid-2018 to mid-2020 in Sydney and the Gold Coast.

The alleged fraudsters have also denied conspiring to deal with $1m or more while knowing it was the proceeds of a crime.

On the first day of trial in February, Justice Fagan told the jurors to listen carefully to the evidence, and reminded them they are “absolutely forbidden” to conduct their own research into the allegations.

He reminded the jury of the “notorious” criminal trial of Bruce Lehrmann, who was charged with raping Brittany Higgins in Parliament House in 2021.

The trial was abandoned in 2022 after a juror did their own research and discussed their findings with the other jurors.

A similar result for this trial would be “disastrous”, Justice Fagan told the 11 men and four women at the time.

Some 110 hours of conversations between the six accused men, which were either captured during tapped phone calls or by strategically placed listening devices, were given as evidence as part of the trial.

The devices were planted in January 2019 after the Australian Federal Police obtained a warrant as part of their national investigation into the alleged payroll fraud.

The trial continues.

NSW Police officer acquitted of recording intimate images

In a case criticised by Her Honour Magistrate Kemp as having “gaping holes”, NSW Police officer has been found not guilty of secretly recording sex with his former girlfriend.

"The evidence is wholly indicative it was not (the complainant) on that video and could not have been her," Her Honour said.

The magistrate noted the video had never been produced to be viewed by the court or by the complainant for her to be identified.

The constable telling colleagues the woman in the video was his former partner was most likely a "throw-away joke" to bolster his image among other officers, Her Honour added.

The officer, the nephew of former NSW Police commissioner Mick Fuller, was accused of showing colleagues a video depicting "doggy style" sex with a woman wearing a collar and lead around her neck.

He told them the footage was of himself and his ex-partner, the court heard.

But neither of the men could remember seeing the woman's "distinctive tattoos", which Cox's lawyer Paul McGirr argued was firm evidence the video did not show the officer's former partner.

"People can't take tattoos on and off," McGirr said.

One of those officers, Constable Zachary Barrett, acknowledged he only thought it was Cox's ex-partner in the video because of what his colleague had told him.

The magistrate accepted it was "utterly implausible" that Barrett would not have seen the woman's tattoos if they had been visible in the video.

Paul McGirr has indicated to the court that an application for costs will be made and the matter has been adjourned to September for that purpose.

Paul McGirr again named one of Sydney's top criminal defence lawyers

The Daily Telegraph has named Paul McGirr as one of Sydney’s top criminal defence lawyers.

“He’s the lawyer to the sports stars, with an almost permanent smile as he makes his way through Sydney’s courtrooms, defending some of Australia’s best athletes.

When it comes to NRL players facing criminal charges, it’s almost inevitable you’ll find McGirr representing them at court.

Often fronting up to awaiting media outside the courthouse, McGirr has built a strong list of high-profile sports stars, including former and current NRL players Josh Dugan, when he was fined $900 for drink driving in 2022, and Tom Starling, who had a hindering or resisting police in the execution of duty charge dropped last year.

He also represented disgraced former NRL star Brett Finch who pleaded guilty and was convicted of breaching child protection registry rules.”

Sydney criminal lawyers high-profile celebs and underworld figures turn to when the police come knocking | Daily Telegraph

Brett Henson ‘petrified’ he was going to die before stealing taxi

Brett Henson had a dispute with a taxi driver, Sayeed Ali Khan, over a broken door handle shortly before 9pm on November 4, 2022, telling a court stealing the taxi was the “only option” to save his life.

Police allege he stole the silver taxi from Hunter St in the CBD while intoxicated after threatening Mr Khan.

The 44-year-old told Sydney’s Downing Centre Local Court on Monday he was “petrified” after the argument.

Mr Henson had attempted to get into the cab but told the court that he was flung backwards to the ground when the door handle broke. He denied he fell due to alcohol intoxication.

He told the court that he told Mr Khan, who isn’t accused of any wrongdoing, he would “add it to the bill” when he got home, but the driver asked him to get the money out of an ATM.

The former Mirvac executive said Mr Khan was “extremely aggressive” and had been trying to “extort” money before a group of five men set upon him. Mr Henson told the court the group involved Mr Khan.

“They were taking the side of the taxi driver trying to get money out of me, trying to get my phone or wallet. I said to leave me alone,” Mr Henson said.

“When they were chasing me I said ‘just call the police’ and they responded with ‘we are the police’.”

Mr Henson is fighting a range of driving offences at a hearing in the local court, including stealing a motor vehicle and dangerous driving.

The former prominent real estate figure was arrested in late 2022 after photos of the incident were circulated by NSW Police. He is now unemployed.

He told the court that the men, who were all “much bigger” than him, told Mr Henson they were the “Muslim brotherhood”.

The court was told the men were saying “let’s f**king get him”.

“I needed to get away from there, there was no other way I can escape … I can’t call the police … there’s no other option,” Mr Henson told the court.

Mr Henson managed to get away from the group and jumped into the taxi.

He told the court that he was terrified of the group so he drove through multiple red lights before he finally stopped at an intersection in the eastern suburbs.

When asked by his lawyer Paul McGirr what was going through his head, Mr Henson said: “These guys are going to kill me.

“I would be a victim of a king hit and my family would be up here instead of me being here today explaining.”

Mr McGirr described it as a “unique case” but urged the magistrate to assess his client as someone who has never had any findings of criminality.

He said his client had “genuine concerns” he could have died in a “one-punch” attack.

“Who would not be petrified when they’re outnumbered and saying the things they said?” Mr McGirr said.

Magistrate Gregory Moore has reserved his decision for a later date.

Paul McGirr appears for former rugby league player Franklin Elmes in drink driving matter

A former promising footy player and son of a high-profile Sydney chef almost drunkenly crashed into police before attempting to run away and blowing nearly four times the legal alcohol limit.

Franklin Elmes appeared at Waverley Local Court alongside his dad Darren Elmes and high-profile lawyer Paul McGirr on Tuesday after previously pleading guilty to high-range drink driving.

Agreed facts reveal the 25-year-old was driving on Warners Ave, Bondi Beach on October 7 when he failed to adhere to a give way sign and proceeded through the intersection “at speed”.

It caused police to “break harshly to avoid a collision” prompting them to activate their lights and sirens.

Police followed Elmes for about 400m before he stopped in the middle of the road and ran away and he was eventually stopped at Gilgandra Reserve, admitting he “should not have been driving” because he had been drinking.

Elmes was observed to be “heavily affected by alcohol” which was followed by a positive breath test.

Once taken to Waverley police station, he returned a reading of 0.187.

Mr McGirr told the court on Tuesday his client had “significant mental health issues” and was once “a very promising football player” with The Daily Telegraph understanding he was previously a member of the Sydney Roosters junior rugby league development squad.

While accepting Elmes was “going to be convicted” Mr McGirr said he didn’t believe the threshold for jail was crossed, which Magistrate Ross Hudson agreed with.

“He’s done the traffic offenders program … [he has] a good support network around him,” he said.

In sentencing Elmes, Mr Hudson noted that while he ran from police there were no related charges against him.

He told the court the reading wasn’t at the entry level for high range drink driving, although it wasn’t “the highest … this court” has seen.

Mr Hudson noted Elmes had previously received a suspended prison sentence for an assault occasioning actual bodily harm offence in 2017.

After reading references, including one from Bondi United rugby league club, Mr Hudson accepted Elmes was a “trusted person”, saying when he’s on top of his mental health, he keeps his issues “in tact”.

Despite Mr Hudson acknowledging it was Elmes’ “first major” driving offence, he said it was prevalent in the community and the message wasn’t “getting out” to drivers.

Elmes was ultimately convicted, placed on a 12 month community correction order and suspended for 12 months.

McGirr & Associates to launch civil action for Starling brothers after two police officers charged

Two NSW Police officers will face court charged with assaulting NRL star Tom Starling in a violent brawl at a Central Coast bar.

Starling himself was originally charged over the incident at the Shady Palms restaurant in Kincumber on December 5, 2020. Police alleged at the time that Starling reached for one of the officers’ guns during the confrontation.

Starling was eventually cleared of all charges after CCTV was played to a court showing the brawl, which also involved Starling’s brothers, Jackson and Josh, as well as three police officers.

Starling was left bloodied after the brawl.

On Tuesday, two police officers were issued with court attendance notices for common assault, with police alleging the pair were at fault.

A 49-year-old male officer was charged with common assault and a 37-year-old male officer was charged with two counts of common assault.

Their employment status is under review and they will face court in March.

Starling told Ben Fordham Live on 2GB he was experiencing “mixed emotions” and wished the charges had come sooner.

“I’d hate to see someone else go through what me and my family were put through. The emotional and financial pressure it puts on people, that’s why I’m speaking out so loudly about it,” he said.

“It’s quite an intimidating thing to come up against the police force with endless amounts of money and endless amounts of support for them.”

He said the charges were a “step in the right direction” but also criticised them as being on the “low end”.

Starling’s mother Joanne previously told Fordham her world was turned upside down by the allegations against her son. She said she feared the incident would destroy his career.

“It definitely has taken its toll on us … I was there and I witnessed the majority of it and to see that on the front page of the news was just devastating,” she said. “The NRL were very close to standing him down.”

Canberra Raiders coach Ricky Stuart stuck by Starling during the investigation and said publicly that he believed his player’s version of events.

Starling’s lawyer, Paul McGirr – who also acts for the footballer’s brothers Jackson and Josh – said the family could seek up to $1 million in their civil case against NSW Police.

“It’s significant, and it’s not outside the realms for it to be hundreds of thousands of dollars per plaintiff. The family could be looking at a sum up to $1 million,” McGirr said.

“The delay and lack of information have only added to the burden of the pain and suffering that they’ve had hanging over their heads.”

The Raiders have a strained relationship with the police after a series of incidents with current and former players.

Also in 2020, Curtis Scott was asleep in Moore Park when he was approached by officers and eventually handcuffed, pepper sprayed and shot with a Taser during the arrest.

He was charged with multiple offences, but all were withdrawn or dismissed after the court was shown bodycam footage of the incident.

Scott appeared drunk and disoriented in the video. Magistrate Jennifer Giles labelled the arrest as “unlawful”.

Scott was also cleared of assaulting a patron in a Canberra nightclub in 2021.

Another former Canberra player, South Sydney recruit Jack Wighton, is considering civil action after fighting charges against him and Rabbitohs teammate Latrell Mitchell, which were withdrawn.

“It’s very disappointing,” Raiders CEO David Furner said of the latest Starling developments. “We always drill into the players to respect and co-operate with the police and always have in the past.

“We’ve had this and some other incidents recently; that is why this is so disappointing.”

This article appeared in the Sydney Morning Herald

Paul McGirr defends Brett Finch in breach of reporting obligations charge

Former NRL player and commentator Brett Finch has been convicted of failed to report to police under child protection obligations following his high-profile child abuse, messages case.

Finch – who had a successful NRL career where he represented NSW in State of Origin – had a major fall from grace when he admitted to sending a series of depraved sexually charged voice messages about young boys in a gay sex chat service.

The messages between November 2020 and January 2021 detailed his desire to have “threesomes” with “sexy” teenagers

The San Souci father blamed his cocaine addiction and explained it was part of an ill-conceived attempt to obtain drugs.

District Court Judge Phillip Mahony described the offending as “absurd”, accepting it was driven by addiction and that Finch did not have a desire to abuse children.

Finch, 42, pleaded guilty to one count of using a carriage service to make available child abuse material after he was arrested in December 2021, following a 13-month police investigation.

Finch avoided jail for the offence and entered into a two-year term to be served in the community in November 2022.

He was placed on the Child Protection Register for eight years due to the nature of the offending.

Earlier this month he spotted getting himself “back on track” by rising early each morning to work at a forklift training centre.

However gack before a court on Tuesday, Finch admitted to breaching a condition of the registry when he failed to report to police in November last year.

During this first mention of the case, Finch pleaded guilty and was sentenced in Sutherland Local Court.

Paul McGirr said Finch abided by all other obligations and that he had been to the police station seven times to inform police of a change in his personal circumstances.

This included when he went on holiday, changed his email address, joined a sporting club with his children and even when he borrowed his mother’s car.

Mr McGirr said Finch previously dealt with two St George police officers, but they went on long-term leave.

Mr McGirr told the court another officer, who Finch did not know, took over the case and charged him over the breach.

“The breach was an oversight, it was not the case he was trying to avoid police, they knew everything about him,” Mr McGirr said.

“It was not reasonable, but it was an honest mistake”.

Mr McGirr said Finch went to the police station when he was informed of the breach.

He said the breach was not serious and the judge in Finch’s child abuse material sentencing found he “had no sexual interest in children”.

Mr McGirr added Finch was in an online chat to obtain drugs while in the throes of addiction.

Mr McGirr said NSW Community Corrections, which monitors offenders, indicated it would likely suspend supervision because Finch had been “doing well”.

The court heard Finch was married with children and working six days a week but was “not a man of large means”.

The court heard his court appearances received a lot of media attention.

Magistrate Philip Stewart said a conviction was warranted given the “very clear obligations” for people obligated to follow registry requirements.

Mr Stewart accepted the nature of the breach was at the “lower end” but warned “don’t let the mistake happen again”.

Outside court, Mr McGirr said Finch would not appeal the conviction and he would look to “move on with his life”, stressing his client has no sexual interest in children.

"We're not dealing with someone arresting Mother Teresa": Paul McGirr appears for Sydney Police Officer

Paul Medulla, 35, had been charged with common assault after an investigation by the NSW Police Professional Standards Command into the alleged injury of the teen during an arrest in Sydney's west in August 2022.

"It's my view that the action of Constable Medulla... was neither necessary nor appropriate in the circumstance," Magistrate David Price said in his judgment.

The prosecution had claimed Medulla was angry in the "chaotic scene" of the arrest, despite the teenager being "clearly subdued" by Medulla and his colleagues.

Medulla said it was "quite urgent" the teen was arrested following a pursuit involving police helicopters and riot squad officers that ended in the early hours of August 14, 2022.

"We're not dealing with someone arresting Mother Teresa, as it were," defence lawyer Paul McGirr said in justifying why his client used force described as 'reasonable' to subdue the teenager.

"Is stepping on someone's head an appropriate way to deal with that?" crown prosecutor Shaun Croner asked the defendant during earlier cross-examination in Parramatta Local Court on Tuesday.

"During this situation, yes," Medulla said.

A video of the incident was played in Parramatta Local Court where Magistrate David Price found the officer guilty of common assault and sentenced him to a 12-month conditional release order with a criminal conviction attached.

Mr Medulla’s employment is now under review and his lawyer, Paul McGirr, said the decision was being appealed.

“I don’t know what community would be calling for a decorated police officer, who was attempting to take a dangerous criminal off the street, to be convicted of a criminal offence,” Mr McGirr said.

“This result fails the pub test from Glebe to Brewarrina and every pub in between.”

Medulla was found not guilty of a second charge of assault occasioning bodily harm in relation to the same incident.

Two other charges in relation to a separate incident on July 22 of 2022, where the prosecution alleged Medulla assaulted an offender under arrest by kicking him in the head, were dismissed by the magistrate.

The George Hotel manager can’t work after assault by shirtless female patron

The manager of a popular Sydney pub who was charged with affray after a female patron refused to put on a shirt before throwing a glass, spitting and tossing a pot plant at him has had his case dismissed.

But now Chayapon Chawwung faces a legal battle to resume working at The George Hotel in Waterloo after police had his responsible service of alcohol licence suspended, the Downing Centre Local Court was told this week.

The 42-year-old bar manager had one count of affray and common assault dismissed on November 13 after Magistrate Miranda Moody ruled that he was acting in self defence inside the pub on January 22 with an unruly patron.

Mr Chawwung’s prominent lawyer Paul McGirr said his client had not been able to work and was now making representations to the NSW Police to have the suspension overturned.

“Hopefully common sense — which sadly isn’t that common — prevails and he can get back to work,” Mr McGirr said.

The court heard Mr Chawwung became embroiled in a physical standoff with alcohol-affected patron Ayshe Sanli, 42, who refused to leave the pub after becoming loud and abusive, and refused to put on a shirt over her sports bra.

She then tried to play a poker machine and became abusive, resulting in staff switching off the poker machine.

The court heard she then went behind the bar, spat at Mr Chawwung and slapped him in the face before being ejected by security.

The court also heard the woman returned to the pub and slapped Mr Chawwung again before throwing a bottle at him. She then picked up a pot plant and threw it, smashing it behind the bar.

The woman then told Mr Chawwung that she wasn’t scared of him and would smash him as she’d been to prison, the court heard.

Mr Chawwung threw three punches at Ms Sanli and called the police, and they arrested the woman and charged her with common assault, the court heard.

But they also charged the bar manager after interviewing Ms Sanli and concluding it was excessive self-defence, court documents said.

In court, Mr McGirr told the magistrate his client had no choice but to stay in the pub and defend himself and the hotel, otherwise he would have been in breach of his licence if he left.

Magistrate Moody agreed and dismissed the charge and told the court Mr Chawwung was acting in self defence under “extreme provocation” from Ms Sanli.

Keneally to appeal verdict: Paul McGirr

The son of former NSW premier Kristina Keneally will “hold his head high” after being found guilty of fabricating a statement that wrongfully landed a man behind bars.

Daniel John Keneally was found guilty of falsifying the official report in 2021 about a phone call he received while working as a police officer at Newtown police station.

Paul McGirr told the media outside court that they would appeal the finding.

“We’ve got to respect the process. Mr Keneally will hold his head high. This won’t be the last that we’ve heard of this particular matter,” Mr McGirr said outside of court.

“I can say that after sentencing, the matter will be appealed on the basis that my client, I firmly believe, never put something in a statement that he knew to be false.

“It’s a very high hurdle for the prosecution to prove. We respect the courts decision, but the beauty of our system is well have an appeal right. We’re quite confident in the end result.”

Brett Henson acting under duress: Paul McGirr

A taxi driver whose cab was allegedly stolen by a high-flying real estate executive from Sydney’s CBD has told a court another driver shouted “chase him” as the man fled.

Brett Henson, 42, fronted Downing Centre Local Court on Wednesday charged with a range of driving offences, including taking and driving a conveyance and driving under the influence of alcohol.

A prominent figure in the real estate market, Mr Henson was arrested late last year after photos of the incident were circulated by NSW Police in pursuit of the alleged culprit.

Police allege Mr Henson stole the silver taxi from Hunter St in Sydney’s CBD while intoxicated after threatening the driver shortly before 9pm on November 4, 2022.

Officers further allege that the Bronte resident drove dangerously before the vehicle later allegedly dumped several kilometres away in Woolhara with “significant damage”.

Paul McGirr told the court Mr Henson was “under duress”, having allegedly been assaulted by “another party” who was believed to be part of a group of cab drivers.

“He (Mr Henson) was knocked around and injured, which police were made aware of,” Mr McGirr said.

“My client takes the particular cab and drives it, and appears to be followed by another taxi driver.

“He leaves the scene and goes around the conservatorium, and ends up on the Eastern Distributor Freeway.

“Importantly, he believed he was being followed (...) my client was under duress at the time.”

During the hours-long hearing, Mr McGirr focused heavily on the events leading up to the alleged taxi theft, as well as investigations into a number of unidentified men believed to have been present.

The taxi driver, Sayeed Ali Khan, gave evidence that an unidentified taxi driver shouted “let’s chase him (Mr Henson) ... do you want to go catch him”, before later rolling back those comments.

Instead, Mr Khan later claimed in court that the other taxi driver had instead urged for them to see if they could find Mr Henson and the man’s cab, before driving around the block.

That claim, as well as those surrounding Mr Henson’s intoxication and the presence of other drivers, came under fire by Mr McGirr who questioned Mr Khan’s account of events.

Mr Khan claimed he had seen Mr Henson on the ground before he allegedly took his taxi, but told the court he did not see or know how the real estate executive ended up there.

Instead, Mr Khan claimed Mr Henson had been “aggressive” and had shouted at himself and other cab drivers and bystanders gathered on the busy Sydney CBD street.

“He came to me and said: ‘(do) you want to fight with me?’” Mr Khan said. “Everyone wanted to help me, and he wanted to fight with the other people.”

Crucially, Mr Khan told Mr McGirr he could not identify who the other men were and could not remember if they had been aggressive with, or even pushed, Mr Henson.

Mr McGirr put to the cabbie allegations that other men present at the time had told Mr Henson they were members of the Muslim Brotherhood or the NSW Police.

The latter claim, Mr McGirr told the court, could explain why Mr Henson did not call triple-0 after the alleged attack, and before allegedly fleeing in the taxi.

In his opening submission, Mr McGirr said ID would “not be an issue” in the case, while also relegating allegations of his intoxication to be a “side issue”.

The police prosecutor, Mr Philipson, told the court they would not be producing any form of pharmaceutical or toxicology report into Mr Henson’s alleged intoxication.

Under questioning, Mr Khan admitted only told police of allegations Mr Henson was “slurring his words”, “smelt of alcohol”, and had red eyes when entering the taxi in a second statement taken months later.

The police officer in charge of the investigation said she had paraphrased Mr Khan’s evidence, with the police prosecutor saying it was not their duty to investigate discrepancies between Mr Khan’s two statements.

Mr McGirr further questioned the officer over investigations into a number of identified men seen on video at the time of the incident, but who were not identified in NSW Police media releases following the incident.

The police prosecutor, Mr Philipson, played video to the court on Wednesday of the moments before the alleged taxi theft, beginning with Mr Henson leaving the Ivy restaurant on George St.

In the video, Mr Henson is seen opening the door to a taxi about 8.40pm on Hunter St before falling to the ground as the passenger-side door is flung open and breaking the handle.

The driver of the cab is seen leaving the driver-side and talking with Mr Henson outside the vehicle for a period of time, before pursuing Mr Henson down nearby Hunter Ln.

In a later part of the video, Mr McGirr claimed a number of unidentified men are seeing with Mr Henson, with an unknown man at one stage placing his hand on the executive’s shoulder.

The footage also showed Mr Henson allegedly taking off with the taxi, with video taken inside the cabin showing him driving through the streets before dumping the cab on Queen St.

Mr Henson will reappear before the same court in March 2024, when a second driver who allegedly drove after him, and police are expected to give evidence.

This article originally appeared on News.com.au


Paul McGirr defends Daniel Keneally with the assistance of crucial expert evidence

Paul McGirr has this week strongly defended police officer Daniel Keneally against claims he allegedly fabricated evidence with intent to mislead a judicial tribunal.

His lawyer Paul McGirr argued the police officer made an unintentional mistake in confusing the phone call with the material on Mr Moore’s website, “isuepolice.com” which he was browsing at the same time. The website contained a number of scandalous claims against officers at Goulburn Police Station and former Police Commissioner Mick Fuller.

Mr Keneally conceded the “rambling and incoherent” phone call did not contain any threats of violence or any mention of the name of the rural detective.

Constable Keneally admitted he “wasn’t totally focused” on the phone call with Mr Moore because he was browsing the caller’s website and the police database while also attending to duties.

Forensic psychiatrist Dr Olav Nielssen opined the “sheer amount” of distractions had the effect of “undermining the accuracy of (Constable Keneally’s) recollection”.

“Our memory is not reliable,” he told the court.

Senior lecturer and memory expert Dr Stefanie Sharman agreed, noting that splitting his focus is likely to have weakened his ability to recall information and its source.

“Even a couple of minutes is enough for people’s memories of conversations to decay pretty significantly,” she said.

Prosecutors claimed Mr Keneally had made the statement with the knowledge it could be used to arrest and prosecute Mr Moore.

Mr McGirr refuted the claim, telling the court his client was following instructions when he gave the statement and he didn’t expect it would lead to criminal prosecution.

“Clearly we concede my client has made a mistake in terms of his recall in this matter, which is compounded by the fact that he put it in an intelligence report,” he said.

Yet he maintained there was “no real smoking gun” that explained why Mr Keneally would have intentionally made a false statement against Mr Moore, whom he didn’t know, nor did Mr Keneally have any connection to the Goulburn Police officer.

Under cross examination, Constable Keneally vehemently denied that making the statement would help advance his career. Indeed, he said the only way to gain promotion as a constable was accruing years of service.

The matter has been adjourned for decision on 21 November 2023.




Gamble’s ‘fatal’ refusal to testify against Canberra Raider’s Jack Wighton

Paul McGirr told the Daily Telegraph on Monday that Newcastle Knights five-eighth Tyson Gamble’s failure to testify at the NRL Judiciary could be fatal to proving that Raiders player Jack Wighton guilty of biting.

“Tyson Gamble made an on-field report. He wanted it investigated and now he doesn’t want to provide a statement, so that will damage the case.

“The best evidence would come from the person allegedly bitten. The best comes from the alleged victim of a crime,” Paul McGirr said.

“If they don’t want to get involved, give a statement or say they are not sure, that is often fatal.

“The evidence as it sits is yes, there are marks on his arms, but if Wighton hasn’t said anything in relation to biting, and the victim doesn’t want to be involved, it could be as incidental as having an arm around the mouth.”

Lawyer acquitted of destroying footage

Our client Alev Oncu was found Not Guilty of perverting the course of justice by a Parramatta jury on Friday 4 August after a two-week trial, after a team effort by solicitors Robert Candelori and Paul McGirr and counsel Michael Smith.

It had been alleged by the Crown Prosecutors that Ms Oncu had deleted CCTV footage at her home, however key crown witness, CCTV technician Salar Norouzi, could not explain how it was the system was formatted three times within a few minutes of his entry and said he could have formatted the system himself on at least one of those occasions. He also could not explain and could not recall why it was he visited Ms Oncu in August 2019.

The acquittal comes after four years awaiting trial due to COVID-19 delays and late service of evidence by the NSW Police.

Tetaan Henning charges dismissed and likely civil suit after his arm was snapped outside Wagga Wagga pub

Tetaan Henning is planning to sue NSW Police after he was check-drilled onto a busy road, had his arm was snapped and was called a "c**t" by an officer outside a Wagga Wagga pub.

Charges laid months after the incident were all dismissed after a successful defence by Paul McGirr.

“That is a busy highway and the officer is lucky he did not kill my client by pushing him into the path of a truck,” Paul McGirr said. “And couple this with the fact that the officer has severely injured my client and then somehow reasons that he had cause to charge him with assaulting police.”

In arguing the offensive language charge, one of the officers agreed they had called Mr Henning a “c--t” after he swore when he asked them why they had ejected two of his friends – one with a brain injury and the other who is a quadriplegic – from the pub.

The court was also told that the officer who pushed Mr Henning did not follow correct police procedures by issuing a move-on order before using force on the 43-year-old.

“It’s like the wild west of Wagga Wagga,” Mr McGirr said. “It’s disgraceful behaviour and it always starts from the top.”

"Are you mental?": Tony Brindle charges dismissed after Uber driver abducts him

An absurd case of alleged assault of an Uber driver has been thrown out of court after the Magistrate found that that our client Tony Brindle had been abducted against his will with the driver refusing to stop the vehicle or tell Mr Brindle where he was going.

Mr McGirr successfully argued that the prosecution case was not made out after the Uber driver was found to be an unreliable witness and accepted in cross-examination that he hadn’t told Mr Brindle where he was taking him.

Mr Brindle is considering further action against Uber.

Charges against security guard Eamon MacDermott thrown out of court

Paul McGirr has today successfully defended an innocent security guard Eamon MacDermott from false assault charges.

Police had wrongly accused our client of assaulting a wedding guest at a reception held at Cafe Del Mar. Mr MacDermott had ejected the guest after he had punched the manager and it was revealed he had been drinking since 3pm that afternoon.

Police ultimately withdrew the charges and Mr McGirr successfully obtained a costs order against the police for their incompetent investigation.

NRL could face $100 million concussion bill

The NRL would face crippling bankruptcy through an “inevitable” concussion-related courtroom class action which could be worth a staggering $100 million.

That is the startling allegation from leading Australian lawyer Paul McGirr.

McGirr was talking after a class action against the AFL over concussion injuries was launched in the Melbourne Supreme Court last week by nearly 60 former players.

And McGirr said he had heard “murmurs” of possible court action against the NRL. Leading sport doctor Nathan Gibbs backed McGirr, claiming legal action by ex-players was “definite”.

“You’re talking at least $100 million and that’s a conservative figure. It could certainly bankrupt the game,” McGirr said.

“If you were paying $1 million to one particular person, imagine over the years, you’re talking hundreds or thousands of people putting claims in. You don’t have to be Einstein to figure out that this could be a major problem if their action was successful. The bottom line is I think it’s inevitable.

“I would be suprised if there was a class action this year but, certainly from the murmurs I have heard, people are talking and it’s been front-of-mind with the NRL, and wider circles, for some time.

“I have certainly heard rumblings in relation to individuals suffering certain health conditions and blaming the game of rugby league on those health conditions.

“If successful in their actions, you are talking about people’s living expenses and possible professional care for 20, 30-plus years, at least. People who have played the game believe they are entitled to be protected for life.

“I also think we are moving toward waivers, not that the NRL will admit that they are liable. The NRL and clubs will somehow look to alleviate their risks.

“I don’t believe the NRL will take any blame for any of these injuries but the NRL is trying to limit the chance of head knocks happening.”

Gibbs told the Big Sports Breakfast Weekend radio show: “I think there will definitely be some legal issues…because it’s happening in other codes. It will definitely happen in rugby league.”

A concerned NRL last week introduced a mandatory 11-day stand-down policy for concussed players. While certain the concussion lawsuit will end up in court, McGirr warned former players about their chances of success in the courtroom.

“It wouldn’t be a slam-dunk (in court) as it were in respect to just saying: ‘I was knocked out therefore I have certain medical effects due to being knocked out’,” McGirr said.

“You’ve got to prove which particular action caused you to have these injuries and what evidence supports the specifics of what caused the injury. You can’t say there is a class action and therefore I’m entitled to compensation for my injury. For instance, if I get knocked out in a bar fight and then played rugby league for another 10 years and got knocked out, the issue would be proving how the second knockout on the rugby league field caused the particular condition someone may have.

“And the second issue, what can they prove is attributed to the body’s natural deterioration or what can be attributed to brain injuries. The scientific research into these matters is still a grey area. There are people who have played chess or lawn bowls all their lives and they have the same issue - and they haven’t been knocked out.”

This story originally appeared in the Daily Telegraph print edition, page 49, on 20 March 2023 under the hand of Dean Ritchie.