NSW Police withdraw AVO against Chris Nasser

NSW Police have today elected to withdraw their application for an apprehended violence order taken out by Hollie Nasser against her estranged husband, investor Christopher Nasser.

The interim order was taken out by Ms Nasser last December while she was embroiled in a high-profile society marriage split.

Paul McGirr had vigorously argued with police that the AVO was completely baseless and was being used by Ms Nasser as a “sword instead of a shield” against Mr Nasser who is a non-violent person.

'(Mr Nasser) has never been violent, he's quite the contrary, a reserved and humble person.

'At no stage would he ever strike anyone, particularly a woman and the mother of his children. 

'The whole process of having laundry aired in public, particularly for the children, has caused him great distress.

'His children have always been paramount. He wants to move on with his life and he holds no animosity towards anybody

'There are no winners in this, but it shows unfortunately how some people can allegedly use the system to seek an AVO, which should be used not as a sword but as a shield.

'My client is a gentle, loving father,’ Mr McGirr said.

Chris Nasser Hollie Nasser interim AVO dropped by police | Daily Telegraph

Paul McGirr appears pro-bono for prison escapee Darko "Douggie" Desic

After a groundswell of community support in the Northern Beaches, Paul McGirr has agreed to act pro-bono for Darko Desic.

Mr Desic, affectionately known in his community as “Douggie”, turned himself into police a fortnight ago after escaping Grafton prison in 1992 for fear of being deported to war-torn Yugoslavia.

He had been living and working in and around Sydney’s Northern Beaches, including as a stonemason, until the coronavirus pandemic left him homeless and unable to support himself.

Mr McGirr is now considering an application for mercy to the NSW Governor.

He told Channel 9 on Tuesday:

"He's struggling," Mr McGirr said.

"He's just humbled by the fact that there's people out there that want to see him get out.

"The prison system is designed for rehabilitation, and he's proven over 30 years he hasn't reoffended, so what's the purpose of locking him away again?"

His defence lawyer said Desic has work and accommodation lined up and has trained as a stonemason.

Mr McGirr was also interviewed on Channel 7’s “The Latest” on Monday evening.

Robert Candelori named one of Sydney's best young criminal lawyers

The Daily Telegraph has featured senior associate Robert Candelori as one of Sydney’s best young criminal lawyers.

“For Robert Candelori, growing up in one of Western Sydney’s most famous restaurants was perfect training for a career in criminal law because neither profession operates to a nine to five schedule — and both require a tireless work ethic.

Now one of the best young lawyers in Sydney, the 34-year-old was raised helping his family run Smithfield’s famed Italian eatery Candelori’s.

So when he landed a job as a 19-year-old law student at the firm McGirr and Associates, Candelori was well equipped to be able to handle the gruelling work schedule.

He was admitted to practice as a lawyer in 2015 and has gone on to work on some of the state’s biggest cases.

In 2020, he acted on the case of Valentino Fries, who was found not guilty of attempting to smuggle 1.4 tonnes of cocaine.

This year he is set to work alongside Mr McGirr when the firm defends NRL player Manase Fainu, who has pleaded not guilty to a stabbing in Western Sydney.”

Sydney’s best young criminal lawyers revealed | Daily Telegraph

NSW Health & NSW Police "operate like the gestapo" to detain COVID patients.

Paul McGirr appears on 7 News Sydney after NSW Health and NSW Police take steps to detain a client, his children and his heavily pregnant wife in hotel quarantine on the basis of views of a doctor who has never even examined the client.

The power to detain arises under section 62 of the Public Health Act 2010 which allows a doctor to make public health orders in relation to specific people, including COVID-19 patients for a number of reasons, including where there is a risk to public health. The order can only be made on reasonable grounds, however the circumstances in this case are peculiar because the doctor who made the order took no steps to consult our client or his family. Indeed he was criticised for leaving his home despite receiving a direction from NSW Health to obtain a test.

Bail granted for Sallam and Bader in alleged large-scale NDIS fraud

Paul McGirr today obtained bail for Muath Sallam and Noura Bader in an alleged large-scale fraud the AFP claims was perpetrated on the NDIS.

The federal police and National Disability Insurance Agency will allege the syndicate claimed $10m from the NDIS since 2017 through three fraudulent NDIS providers, in what is believed to be the largest exploitation of the agency in its history.

Among the operations alleged by police is that the providers skimmed NDIS funding from genuine disabled users of the scheme without their knowledge, by providing inflated invoices to the NDIS for rebates.

Mohammad Sallam, for whom Mr McGirr also appeared, adjourned his matter until 6 May for a bail application.

Syndicate faces court over alleged $10m NDIS fraud scam | Daily Telegraph

Curtis Adams avoids gaol time

In what was described by Paul McGirr as a “stupid brain snap”, Narromine man Curtis Adams avoided gaol after he was convicted for stealing 40 tonnes of grain from another farmer’s property. He was came to police attention after rolling the truck with which he stole the grain.

Magistrate Crompton sentenced Mr Adams to a Community Correction Order with 60 hours community service and ordered him to pay a $200 fine. It was an unfortunate and deeply regrettable situation where Mr Adams had found the temptation too great after a bumper grain harvest. His limited criminal history was taken into account as well as the unlikelihood of reoffending.

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Bazzi found not guilty of supplying GBL

Magistrate Megan Greenwood found Michael Bazzi not guilty of supplying GBL and dealing with the proceeds of crime when he appeared before Downing Centre Local Court on Tuesday March 9.

Paul McGirr told the court that Mr Bazzi drew the attention of police as he “probably stuck out” due to being outside during the height of the pandemic.

“As someone with anxiety and depression, what a complete disaster it is to be consuming a substance not prescribed by a doctor,” Magistrate Greenwood said.

“We see people whose brains are fried from these substances. They can never, ever work or maintain relationships again.”

Mr McGirr made an application that our client be given back the $3000 seized by police. It was not opposed by the prosecution and Magistrate Greenwood ordered it be returned.

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NSW Waratah player Robbie Abel avoids a conviction for charge of driving without a licence

Paul McGirr successfully defended NSW Waratah rugby player Robbie Abel in relation to driving matters before Sutherland Local Court. Magistrate Kemp accepted Mr McGirr’s submissions and did not proceed to record a conviction.

Robbie Abel: NSW Waratah hooker in court on driving charge | Daily Telegraph | Eliza Barr

An international representative rugby player was described as a role model and “a good bloke” when he faced a Sydney court after he was busted driving without a licence.

Super Rugby star Robbie Abel, 31, was hauled before Sutherland Local Court charged with driving as someone who was never licensed in NSW after his ACT license was suspended for unpaid fines.

Police facts tendered to the court state the NSW Waratahs’ hooker was pulled over on Thurlow Rd in Riverwood on May 25 this year because his vehicle was unregistered.

“Checks on the accused’s licence revealed that it was endorsed as suspended but police were unable to determine the reason for suspension due to the limitations of the online system,” police facts state.

“The accused was spoken to about his licence but was unaware of the suspended status of his licence.”

When police subsequently applied for his interstate traffic record they determined his licence had been suspended since July 2019 due to unpaid fines.

A traffic history tendered to the court reveals Abel received two infringement notices in NSW earlier this year – a $344 fine and five demerit points for using his mobile phone while driving, and a $121 fine and one demerit for speeding less than 10km/h over the limit.

At court Abel pleaded guilty at the first opportunity and Magistrate Holly Kemp found the offence proven but dismissed it without conviction.

“This is a firm and friendly reminder that at all times you must be aware of your licence status,” Ms Kemp told Abel.

His solicitor Paul McGirr – who frequently represents elite sportsmen in court – told Ms Kemp his client was living in the rugby union COVID-19 bubble after the Waratahs missed out on a place in the finals.

“Young people tend to look up to sports stars,” Mr McGirr said.

“He’s a good bloke.”

Abel joined the Waratahs last November after playing for Auckland in the Mitre 10 Cup.

He grew up in Orange in the state’s Central West before launching his rugby career as an Australian Schoolboy for St Edmunds College in Canberra and later played for the Maori All Blacks in 2018.

He previously played for the Brumbies and the Rebels in the Super Rugby competition and has returned to NSW with the possibility of joining Gordon in the Shute Shield.

Aged care worker acquitted of outrageous assault charge

Paul McGirr has delivered justice to nursing assistant Chancal Arokianathan after the NSW Police outrageously charged our client with assault of one of her patients. Magistrate Barko found that if our client hadn't done what she did, the patient could have suffered more serious injury as our client had called for assistance but no one came.

Bali bombings hero Joel Murchie cleared of assault charges

Paul McGirr has slammed an “incompetent” investigation after his client, former high-ranking police officer Joel Murchie, was cleared of physically and indecently assaulting a female colleague over the course of two years.

Retired commander Joel Murchie reached for a tissue as Magistrate Margaret Quinn dismissed two charges of common assault and one of indecent assault at Central Local Court on Friday.

It was alleged Mr Murchie flicked and kicked the bottom of the woman in 2015 and 2017 respectively, and kissed her with an open mouth in October 2016, while he was the Commander of NSW Police’s Mental Health Intervention Team.

Several witnesses gave evidence in hearing dates throughout 2019 of a “jovial” office where prank YouTube videos were played and the kicking and flicking of colleagues was “part of the banter”.

Magistrate Quinn found the team’s at times “unprofessional” behaviour gave doubt to whether the woman, who said she had also kicked and flicked Mr Murchie, consented to the assaults.

“You can’t assault someone if they’re consenting to it,” she said.

“I find that the office was a jovial place to work … It was a place where people behaved in a manner that you might not find in other places.”

Magistrate Quinn also accepted the defence argument that the complainant had initiated the kiss with Mr Murchie while they were at an overnight training course in 2016.

She found Mr Murchie had gone to the woman’s room about 9.20pm to speak to her about his struggle to perform duties as the anniversary of the Bali bombings approached.

The 49-year-old was at nightclub Sari Bar on October 12, 2002 when a van parked outside exploded, killing many inside and “melting” his arms. He received a bravery award for helping survivors to escape the inferno.

Mr Murchie told the court in November he went to the woman’s room to talk when she leaned in and kissed him. “I said, ‘I’m not here for that’,” he told the court.

The complainant had testified Mr Murchie knocked on her door before approaching her, “grabbed me around the waist” with two hands and “passionately” kissed her.

Magistrate Quinn said that a text the woman sent to a friend and other messages to Mr Murchie, including love heart emojis, following the incident told a different story.

“It’s implausible and I don’t accept it,” she said.

Outside court Mr Murchie’s lawyer Paul McGirr said that “justice was done”, with the allegations “taken out of context” due to his client being a male.

“Fortunately the magistrate has got the result spot on, in relation to not really accepting what the alleged victim actually said happened,” Mr McGirr said.

“This matter should never ever have got this far and the investigation was frankly incompetent.”

Mr Murchie will make a costs application.

This is an edited extract of an article published in the Daily Telegraph on 20 March 2020.

https://www.dailytelegraph.com.au/newslocal/central-sydney/joel-murchie-bali-bombings-hero-cleared-of-assault-charges/news-story/4a1cbc39cbfb67e4e3fa4b98d75d1be0

Paramedic branded a "liar" by Magistrate

Paul McGirr on Monday 4 March had charges of hindering an ambulance officer against human resources officer Inga Kajasa dismissed. Downing Centre Magistrate Darcy found key prosecution witness Bradley Spinks, paramedic, had given unsatisfactory evidence and was a “liar”.

Police Prosecutors alleged that after a work colleague of Ms Kajasa fainted in the bathroom in the offices of the Royal Australian College of Physicians, Ms Kajasa pushed Mr Spinks and stopped him from attending to the patient. Mr Spinks then called for police assistance to the extent that the riot squad were called.

However, when CCTV footage was played in court, a different story emerged. Mr Spinks had in fact stopped Ms Kajasa from using the elevator and had pushed her twice to the upper chest.

“She was assaulted twice by the paramedic. We want to make it very clear that paramedics do a great job but it doesn’t mean they can assault people who are actually trying to assist,” Mr McGirr told 7 News Sydney.

Magistrate Darcy gave herself a rarely-used Prasad direction due to the parlous state of the prosecution case, acquitting Ms Kajasa of the charges and awarding her professional costs against the NSW Police.

Paul McGirr strongly affirms the legal rights of NRL players the subject of serious allegations

Paul McGirr today hit out at the Australian Rugby League Commission’s anticipated announcement to stand down players charged with serious offences.

Mr McGirr said it was “diverting the criminal justice system” by seeking to take action against star St George Illawarra player Jack De Belin, who has been charged with aggravated sexual assault by NSW Police, and that civil action against the NRL was possible.

“If he’s not playing football, his earning capacity reduces. The thing with Rugby League is that you’re on show in relation to your capacity to earn more money. He wouldn’t be able to play. Third parties, sponsorships, endorsements, everything. No one would want to touch him with a barge pole, all on the basis of him being punished without any finding from any court. In essence, it could break his career,” Mr McGirr told the Daily Telegraph.

“It has nothing to do with his conduct of going out, drinking, partying, or anything else. It’s the fact an allegation has been made - if that’s what they’ve taken their action over, I don’t agree with it. People are innocent unless proven guilty. Some people say ‘until’ - it’s not until. It’s innocent unless you are proven guilty.”

The case could take 18 months to proceed through the courts to finality and if found not guilty, Mr De Belin will have been out of the game for a considerable period of time, jeopardising his playing career.

Mr McGirr indicated that the the NRL was clearly reacting to pressure from commentators about ‘violence against women’ which tended to suggest that it had already made up its mind about De Belin.

“I’ve done hundreds of serious offences cases where people have actually been found not guilty,” Mr McGirr said.

“Certainly I don’t condone violence on women in any way whatsoever. But just because someone makes an allegation or someone is charged, that does not mean they are guilty of it. Let’s wait and see what the court system does. What they’re doing is basically saying we don’t condone violence against women. I dare say De Belin doesn’t condone violence against women.”

Mr McGirr later appeared on Macquarie Sports Radio to discuss the matter.

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Former police officer beats charges of insurance fraud

For the second time in two years, former police officer Beaudie Cullen has had charges against him dismissed with costs with the assistance of Paul McGirr solicitor.

The most recent charges alleged that Mr Cullen had lodged a fraudulent insurance claim in respect of a laptop and headphones valued at $1400, however Magistrate Covington ruled that Mr Cullen had no case to answer after police had failed to investigate a number of matters, including the possibility that Mr Cullen had more than one laptop or set of headphones.

The outcome follows an earlier set of charges against Mr Cullen related to storage of ammunition in 2016 which were also dismissed with costs, again owing to poor police investigations.

The Daily Telegraph

 

Man fails to appear for sentencing in tax fraud case

A GOLD COAST businessman convicted of a multimillion-dollar tax fraud and his wife have been rushed to hospital after he failed to front court.

Michael John Issakidis, 73, was found guilty this year of an elaborate $68 million tax evasion racket and was due to attend his sentencing hearing in Sydney.

When he failed to appear in court, police visited his Sovereign Islands mansion and had to call in a locksmith to access the heavily-secured home. They are believed to have found Issakidis and his wife Donrecka unconscious in a vehicle in the garage.

Michael Issakidis was due to appear for sentencing.

Paramedics were called to the home about 5.15pm and rushed the Issakidis’ to Gold Coast University Hospital. Detectives have been called in to investigate, with the home declared a crime scene.

Mr and Mrs Issakidis were believed to be conscious but in a serious condition.

http://www.dailytelegraph.com.au/news/nsw/tax-fraudster-fails-to-appear-for-sentencing-in-68m-evasion-case/news-story/4acca95b8230837cd0f385633716a0b1?nk=12529b7bf354b574c0e3436c6a5774bc-1509848251

Paul McGirr represents accuseds in US-Australia joint investigation

"He was refused bail last Monday. Zalapa’s lawyer Paul McGirr declined to comment, other than to say his client intended to fight the charges.

Police documents tendered in court revealed one of the earlier cocaine shipments Schwartz has been charged over was allegedly linked to Double Bay man Jonathan Fagan, who police have accused of smuggling up to 160kg of cocaine into Australia in 16 shipments.

Police outlining the case against Fagan said they had evidence from US authorities that the 16 shipments were sent by US drug baron Hanson.

Mr McGirr, who also acts for Fagan, said the evidence had not yet been produced and the charges would be contested.

Schwartz, Zalapa, Phelps and Fagan are listed to face Central Local Court on Wednesday."

Source: http://www.dailytelegraph.com.au/news/nsw/dr-octopus-cocaine-case-drug-ring-traced-back-to-us-by-aussie-cops/news-story/f833198054456d6d70f58dd55e7b1938

Paul McGirr obtains bail for client in Pulp Fiction case

Karla Jade Milne was granted bail by Magistrate George Abood after submissions by Paul FC McGirr at Parramatta Local Court in September.

In scenes similar to the Quentin Tarantino movie Pulp Fiction, where Uma Thurman snorts John Travolta’s heroin and has to be revived, Karla Jade Milne’s alleged customers had to be saved by paramedics after a triple overdose at the Meriton Apartments on Kent St in the Sydney CBD in the early hours of September 5.
The trio allegedly had Milne, 26, of Pyrmont, ­deliver what they thought was cocaine to an after-party following a dance party at the Metro Theatre.
Within minutes of snorting the heroin, the three men starting trembling and sweating profusely, documents tendered to Parramatta Bail Court yesterday said.
Milne was granted bail in court yesterday after her lawyer, Paul McGirr, pointed out there was another man with Milne and police couldn’t rule out that he supplied the drugs.
Magistrate George Abood disagreed with the claim that it was a weak case against Milne but granted her $5000 bail.

http://www.dailytelegraph.com.au/news/nsw/pulp-fiction-customers-turn-purple-after-mistakingly-snorting-heroin/news-story/f374066a36e7f204ae94c5bdbb759a5a?nk=522f7bec9f2e078a48935847bf893a69-1475904921

Section 10 dismissal for NRL Star

Paul FC McGirr was able to obtain a section 10 dismissal for Mr Jennings last week, as the Daily Telegraph reports:

Lawyer Paul McGirr told the court it was a “very unfortunate incident” that reflected the adage “nothing good happens after midnight”.
“Mr Jennings had thought sometimes because of the colour of his skin he might be targeted,” Mr McGirr said.
“It’s extremely embarrassing to him, to his club and most importantly to his ­family, because it was not the way he was brought up.”
He said the recently-married ­Jennings, who regularly takes part in charity functions and school and hospital visits, had been punished enough.
“He’s a quiet gentleman always happy to assist,” Mr McGirr said.

http://www.dailytelegraph.com.au/news/nsw/roosters-michael-jennings-gets-12-month-bond-for-abusing-police-in-parramatta-car-park/story-fni0cx12-1227644336412

Michael Jennings: "I'm only guilty of being black"

In an article published in July, the Daily Telegraph discusses Paul FC McGirr's defence of NRL player, Michael Jennings and potential racial profiling by NSW Police:

“Police said Jenning’s younger brother Robert, 19, was aggressively kicking the boom gate at the Erby Pl carpark— and that the Roosters star reacted ­aggressively when officers tried to speak to Robert.

While Jennings did not appear in person yesterday, Mr McGirr claimed outside court that the 27-year-old athlete was charged after telling his that friend he was not required by law to show the police officer his identification.

“He reminded him of his rights and said they were being profiled because they were black and asked what they had done,” he said.”
— http://www.dailytelegraph.com.au/news/nsw/nrl-hero-michael-jennings-im-only-guilty-of-being-black/story-fni0cx12-1227449742455