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

 

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

Lindfield Rugby Club in a fight for survival

Daniel McGirr represented the 100-year-old Linfield Rugby Club on Thursday 25 August before the NSW Rugby Union board with respect to allegations that the club paid players contrary to the Amateur Rugby code of conduct. The allegations are denied and the decision of the Integrity Committee to impose tough sanctions could see the end of the club. 

“It could be catastrophic for the club, which is nearly 100 years old. It would be a tragedy. We have already had players say if we start on minus 10 points next year they will be going to other clubs. And that would be a large exodus of players.
“The club vehemently denies making any payments to any player. The only issue left for the NSWSRU board to determine is whether the club was aware of the payments, made the payments or authorised such payments. There is simply no evidence of payments having been made by the club.”
One rival first division club committee member contacted The Saturday Telegraph to say: “It’s just subbies trying to flex muscle they don’t have. They should be more worried about all the clubs that are dropping out of their competitions than a $600 payment. Subbies may not be around in 20 years. The board is just on a power surge. They are lightweights trying to act like heavyweights. It’s sad and pathetic.”
McGirr won’t rule out taking the matter to NSW’s Supreme Court. The NSWSRU board is currently considering Lindfield’s appeal.
“We are confident that in the NSWSRU board’s judicial capacity justice will be done and that proper legal processes will be followed in making a determination,” he said.

The club is awaiting a final decision on its appeal to the NSWRU board.

http://www.dailytelegraph.com.au/sport/rugby/lindfield-rugby-club-fearful-punishment-meted-out-for-allegedly-paying-player-will-cause-club-to-die/news-story/788da1954514082a811ee7b99c0aa871?nk=b6b56d7abf659ce6420c08554750f2ff-1472357956

 

Charges dismissed against Beaudie Cullen

Paul FC McGirr was successful in having a number of guns charges dismissed against our client Beaudie Cullen due to a poor investigation by Police. 

Mr McGirr told the court “you can tell how interested the police were when you listen to the video of the yawning going on” during the investigation before they found the gun safe.
Under cross-examination, Mr George admitted there were several “oversights” in the investigation.
This included not getting the boxes of ammunition DNA and forensically tested.
There were also no fingerprints matching Mr Cullen’s on the bullets in the magazine, which would have had have been pushed in individually when loaded.
Mr George told the court that documents with Mr Cullen’s name on them were in the box, leading to him concluding the bullets were in his possession.
“Sergeant ... if I go around to your house and I leave my card in your house it doesn’t mean I own everything else around there, does it? I hope you say yes but I don’t think that’s the way it works,” Mr McGirr said.

Magistrate Bradd dismissed the charges and awarded $22,000 costs to the defendant.

http://www.dailytelegraph.com.au/news/nsw/police-charge-fellow-officer-over-illegally-stored-ammunition--only-for-it-to-backfire-in-court/news-story/30a6937b85e207a48cc8476ac10bca18

KISS1065 apologies to Parramatta Eels' Kieran Foran

After action taken by Daniel McGirr of McGirr Lawyers, 'Jackie O' from KISS1065 apologised to Kieran Foran on air after she repeated false rumours about Mr Foran's children on air. 

McGirr Lawyers, the firm acting for Foran in his attempt to recoup about $140,000 in alleged outstanding payments from his time at Manly, have begun legal proceedings against the Australian Radio Network. Daniel McGirr has sent a concerns notice to the network, demanding an on-air apology on Friday's breakfast show.

Source: http://www.smh.com.au/rugby-league/parramatta-eels/parramatta-eels-skipper-kieran-foran-launches-legal-action-against-jackie-o-over-paternity-claims-20160505-gonjuv.html

Charges dismissed with costs in rare 'larceny as a bailee' case

Paul FC McGirr was able to obtain to have charges against our client Sol Zeloof dismissed after the NSW Police decided to run a rare Larceny as a Bailee case. The matter related to a transaction between Mr Zeloof and Mr Bart where Mr Zeloof would have watches cleaned in order to sell them on Mr Bart's behalf. Mr Bart alleged that there was never an agreement to sell, merely one for Mr Zeloof to clean the time pieces.

But in court, the case against the jeweller fell apart. Under questioning from Mr Zeloof’s lawyer, Paul McGirr, Mr Bart could not recall telling the ­insurance company that he was continuing to pursue Mr Zeloof for the money even though he had made an insurance claim.
Mr McGirr told the court ­because the insurance company paid out the value of the watches it meant the company had taken on Mr Zeloof’s debt and that technically he no longer owed Mr Bart the money.
Mr McGirr said Mr Bart sent Mr Zeloof a text message in ­August 2013 demanding he repay the money for the watches, the court heard. This meant Mr Zeloof could not have stolen the Rolexes as there was an agreement for them to be sold.
Magistrate Curran agreed and dropped the charges against Mr Zeloof and ordered taxpayers to cover his legal costs of more than $18,000.

http://www.dailytelegraph.com.au/news/nsw/sydneys-high-society-ticked-off-by-rolex-watch-scandal/news-story/cc969ffecfe57ccdb99ebc17bbb049ed

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