Alexander Cox to fight proposed sacking after acquittal and $77,000 costs order

Police Commissioner Karen Webb has recommended Constable Alexander Cox to be dismissed from the Force despite being found not guilty of showing a sex video to ­colleagues.

Constable Cox was informed on Thursday that an advisory panel to Ms Webb had decided to push for his sacking.

It came three days after Magistrate Holly Kemp ordered the State to pay Cox’s legal costs of almost $77,000 in the case, which she told Sutherland Local Court was a “catastrophic failure” and “should not have commenced”..

Ms Kemp told the court the police and the Office of the Director of Public Prosecutions “failed to reasonably investigate” the case before bringing it to court.

The intended move to sack Cox is being made under laws that allow officers to be removed if they have lost the Commissioner’s “confidence”.

He will be sent a show cause notice and will have 21 days to respond.

Cox, who was suspended after being charged in July 2023, is now preparing to sue the police for wrongful dismissal if he is terminated.

Paul McGirr said: “Both the police and the prosecuting lawyers commenced these proceedings in bad faith.”

Cox was charged in July 2023 with three revenge porn offences that prosecutors alleged stemmed from a sexual relationship with a woman who can’t legally be identified.

Prosecutors alleged that Cox showed a sex video featuring himself and the woman to three male colleagues in an out of work setting.

However, the case fell apart after Magistrate Kemp ruled that it was impossible for the female officer to have been the person in the sex video.

Instead, Ms Kemp told the court it was more likely that Cox had shown the officers a porn clip “from the internet”.

None of the officers who allegedly viewed the video gave evidence in court the woman depicted in the video had very obvious identifying features.

Ms Kemp told the court that the woman’s obvious features were “unmissable” and would instantly have determined whether she was the person in the video.

“In fact, the evidence is thoroughly indicative that it was not (the woman) and could not have been her,” Magistrate Kemp told the court.

The court was told the woman never made a complaint. Instead, Cox was charged after another officer heard about the existence of a video and made a complaint.

Her Honour found that there were “gaping holes within the police investigation and gaping holes within the prosecution case.”

“I note as well across both investigations that (this was) a poor substandard police investigation,” she said.

“The prosecution have not gotten anywhere near proof beyond reasonable doubt.”

Police Commissioner Karen Webb pushes to sack Mick Fuller’s nephew after failed sex tape case | The Daily Telegraph

Truck driver Diaz Ranasinghe found 'not guilty' of dangerous driving occasioning death

Victorian man, Diaz Ranasinghe, was today found not guilty of dangerous driving occasioning death in a judge alone trial before Acting Judge James Bennett at Albury District Court.

Mr Ranasinghe was charged after his truck loaded with kerosene collided with Robert Arnold who was riding a bicycle along Thyra Road, Moama, on the NSW-Victoria border on 8 December 2021. Mr Arnold tragically passed away in hospital.

The defence case was presented by David Price barrister instructed by Robert Candelori of McGirr & Associates. The essence of the defence case was that Mr Ranasinghe was faced with the invidious circumstance of a bicycle ahead, and a car from behind which the accused inferred was intending to overtake him. His Honour found, drawing on his own experience as a driver, that “the flashing of headlights of a vehicle coming from behind indicates the intention of the driver to overtake rather than an indication that they are not intending to do so.”

His Honour continued, finding “presented with this, the accused could not move to the right to safely pass the bicycle, but remained to the left on the correct side of the road anticipating that the vehicle coming from behind would overtake. Focussed as he was on the vehicle behind and anticipating that it would pass before he was more proximate to the bicycle when he might move to the right, slowing the truck in the process, he miscalculated time and distance and came upon the bicycle.

“In these circumstances the accused concedes that he was negligent in the choice he made to anticipate the passing of the vehicle coming from behind without keeping a proper lookout for the bicycle ahead so that he might manage the truck to avoid the collision which unfortunately occurred.”

Mr Ranasinghe conceded during the trial that the cyclist in no manner contributed to the collision other than by his mere presence.

His Honour ultimately concluded that he was not satisfied that “the admitted negligence that resulted in danger to the deceased was such a serious breach of the proper management and control by the accused of the truck at the time of the impact and in the circumstances in which it was driven so as to attract liability for the offence charged.”

Mr Ranasinghe was sentenced to the back-up charge of ‘negligent driving occasioning death’ and given a three-year Community Corrections Order and a disqualification of 3 years, commencing 8 December 2021. His Honour acknowledged the profound impact the incident had on the family of Mr Arnold, the deceased, together with the contrition and remorse of Mr Ranasinghe who had suffered severe post-traumatic stress in the aftermath.

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

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.

Mirvac executive Brett Henson ‘petrified’ he was going to die before stealing taxi: court

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.

Joch McLean avoids full-time custodial sentence

Paul McGirr, instructing Michael Smith barrister, has successfully argued that Joch McLean, the son of former Queensland origin player Mike McLean, should avoid full-time imprisonment after he was convicted of commercial drug supply.

District Court Judge Andrew Scotting issued Mr McLean a section 11 “Griffith” remand allowing him to continue rehabilitation with Elite Athlete Wellbeing Services, operated by Jan Earl.

“The ball is in his court,” Paul McGirr told the Daily Telegraph. “He needs to keep on the straight and narrow or he’ll go in. Simple as that.”

Craig Young a 'stand-up bloke' for supporting Brett Finch: Paul McGirr

Paul McGirr has passionately defended the character of St George Illawarra Dragons Chairman Craig Young after he received criticism for providing a letter of support for former NRL player Brett Finch in his sentencing proceedings.

“He’s a stand-up bloke,” McGirr told the Sydney Morning Herald.

“Craig has illustrated to me and the Finch family that if you can’t rely on people you think are your mates in your time of need, then they aren’t true mates. Many others offered silent support but Craig was prepared to not only put in writing his support but also front up to court and say it under oath. He wasn’t there to be popular. He was there to stand up and support.

“He knows all the facts and made it clear he despises anything to do with this type of offence. A great number of people aren’t interested in knowing the full story about why and how Brett committed this offence.

“He’s guilty regardless of the reasoning but Craig on oath made it clear that he doesn’t believe Brett has a sexual interest in children but drugs put him in this position.

“I’ve known Craig for over a decade and if I was going over the trenches, I’d want him next to me.”

Mr Finch is represented by McGirr & Associates.

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

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.

Allan brothers walk free after court rules police arrest was illegal

Paul McGirr represented brothers Darcy and Riley Allan in a lengthy local court hearing which finalised at Lithgow on 14 January 2019 after 4 days. The brothers had been facing assault charges, as well as charges of resisting arrest and hindering police.

By the time the court case ended, all the charges had been dismissed and the police actions criticised by the state’s Deputy Chief Magistrate Michael Allen, who ordered that taxpayers pay the brothers’ legal costs of $22,000.

Magistrate Allen found the arrest was illegal and video of the brothers being arrested at their Bowenfels home was tendered at Lithgow Court. Mobile phone footage shows Riley Allan yelling: “Get out!” and “This is my house, what are you doing?” while the police officer arresting him, Hayley Partington, shouts: “Get on the f...ing ground and f...ing stay there, c..t”.

Magistrate Allen found that the police illegally entered the brothers’ property and told the court: “I thought these days were long gone in the police”. His Honour further noted that in the circumstances there were a number of alternatives than physically entering their home to arrest them some 90 minutes after the original incident at the Grand Central Hotel in Lithgow. Paul McGirr noted that the police had all been “singing from the same hymn sheet” and the video evidence indicated that the police were the aggressors.

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