Paul McGirr made detailed submissions to the Wollongong Local Court today to assist former NRL player Jarrod Mullen avoid a sentence of imprisonment for drug-related offences.
Bail granted for Excavator importation co-accused
With a failing landscaping business and mounting debts, police allege a pair of gardeners tried to dig themselves out of trouble by importing $144 million worth of cocaine hidden inside an excavator.
Their alleged plan was to smuggle 384kg of the drug inside the excavator from South Africa to Australia, according to documents tendered in Queanbeyan Local Court, where one of the pair was granted bail this month.
The impressive X-ray photo of the massive cocaine haul was big news when Timothy Engstrom, 35, and Adam Hunter, 35, were arrested earlier this year.
The haul has since been linked to the murder of a former South African soccer star, while other reports have suggested the drug was intended for the past season in the NSW ski fields. Police were already listening in on Hunter’s calls on June 15, 2019. According to the court documents, Engstrom called and complained: “We got no cash, man. No money.” Hunter allegedly replied that he would raid his kids’ bank accounts if their financial situation got any worse but added they would get through it.
The pair were co-owners of Bungendore Landscape Supplies, east of Canberra. And, while Engstrom was taking bank loans to stay afloat, the pair was also at risk of losing a property deal if they didn’t come into some money soon, according to tapped phone calls that were included in the court documents.
Police allege the thing that would save them was the massive drug haul the pair were sweating on making it past Australian border authorities. It didn’t. On June 4, police received a cargo report detailing a second-hand but fully refurbished 2008 CAT 320 Excavator.
When it arrived in Australia, officers from Australian Border Force and Australian Federal Police cut open three hollowed cavities on the excavator’s hydraulic arm and found 384 blocks of cocaine, each weighting 1kg. The officers replaced the drugs with a harmless substance in the same plastic wrapping and sent the excavator to its intended destination.
Police installed a secret camera in the Bungendore Landscape Supplies on King St, Bungendore, court documents said. On July 11, police watched as Hunter and Engstrom “high-fived” when they successfully cut open a section of the digger’s hydraulic arm. Hunter then allegedly removed one of the substituted blocks and dropped it in a tub on the scaffolding that had been set up next to the excavator. At 11.07am, police entered the business premises and arrested both men.
The details emerged in Queanbeyan Local Court earlier this month where Engstrom was granted bail on the condition a family member lodge $500,000 as security and he abide by strict conditions, including not using encrypted messaging apps.
This came after Engstrom’s lawyer Paul McGirr argued his client never touched the substituted cocaine blocks, had no knowledge it was inside the excavator and was conducting a legitimate repair to the hydraulic arm.
Mr McGirr told the court the facts of the case amounted to his client attempting to obtain an excavator for legitimate business purposes. “Much of the telephone intercept material insofar as it relates to Mr Engstrom is tenuous, speculative and has explanations equally consistent with his innocence,” Mr McGirr told the court.
One of those calls occurred on June 21 where Engstrom was recorded telling he would take his mother “somewhere real good” for her birthday dinner once his financial situation improved, the documents said.
Police allege this related to Engstrom earning money from the cocaine.
But Mr McGirr told the court all this pointed to was Engstrom “wanted to take his mother to a nice restaurant for her birthday”, which was “with great respect, hardly probative of a scheme to import $180 million of cocaine”.
The police arrests over the drug haul have been linked to the murder of former South African soccer star Marc Batchelor, 49.
Within 24 hours of the news of the July 14 seizure of the cocaine, Batchelor was shot dead by gunmen on motorcycles as he was driving into his home at Olivedale, a suburb in the South African city of Johannesburg. Batchelor’s soccer career between 1990 and 2003 saw him play in the South African league for the Kaizer Chiefs and Orlando Pirates, where he won four titles before switching to a television career.
This article is an extract from a report in the Sunday Telegraph on 29 December 2019.
https://www.dailytelegraph.com.au/news/nsw/landscapers-charged-over-144m-cocaine-haul-hidden-in-excavator/news-story/9c8d4e48bad90c4a3a85f3dd09aab0df
Prominent sailor Valentino Fries found not guilty by Sydney jury
After almost three years in custody awaiting trial, Valentino Fries was acquitted by a Sydney jury earlier this month and immediately released after the Crown had brought allegations that Mr Fries was part of a conspiracy to import 1.4 tonnes of cocaine into Australia on sailing vessel the Elakha, the largest such importation in Australian history.
As barrister Michael Ainsworth told the jury, Mr Fries was an incredible sailor. Born in Switzerland in 1961, he was taught to sail by his father and ended up becoming a paragliding champion and house painter. He emigrated to Fiji some 20 years ago and ran charter sailing trips around Fiji where he would sail with just a watch and sextant, keeping meticulous logbooks. He was also in the employ of wealthy yacht owners and had sailed from Hobart to Alaska, all around the Mediterranean and around the Caribbean, covering vast distances.
The trial proceeded before Judge Zahra for over two weeks in the Sydney Downing Centre where Mr Fries raised the defence of duress, saying that co-accused Hamish Thompson, the owner of the Elakha, had threatened him and his family if Fries did not comply with his direction to sail the Elakha to a location in the South Pacific to retrieve the 1.4 tonnes of cocaine from a “mothership” to then bring to Australia. Fries gave evidence and was extensively cross-examined, but he was adamant that he had not conspired with the co-accuseds, he never wanted anything to do with importing cocaine, he had pleaded with Thompson to return to New Zealand and he said to Thompson that it was doomed to fail anyway as the French Navy had previously stopped and boarded the Elakha only months earlier meaning the authorities must have been tracking the vessel.
As was evident throughout the trial, there was a real dearth evidence which suggested Mr Fries was involved in the conspiracy of his co-offenders, despite three-years of extensive police surveillance including thousands of hours of telephone intercepts, listening devices and optical surveillance in which Fries is mentioned just a handful of times. Fries had been fully compliant with police, had given extensive interviews and turned over his iPad password revealing three years of emails and browsing history. In short, had nothing to hide. Mr Fries gave evidence that he had no need to be involved in drugs when he had no debt, was to inherit a large sum of money from his late uncle in Switzerland and in a few years was to receive a Swiss pension the equivalent of $4,000 per month, more than enough to live a comfortable life with his wife in Fiji.
Barrister Michael Ainsworth persuasively made the point to the jury in his closing address that Mr Thompson, along with other co-accuseds, must have had high-level contacts with South American drug cartels to have been able to collect and subsequently import into Australia, $500 million of cocaine on “credit” with no money upfront. This, we submitted, lended tremendous credence to Thompson’s threat and, in the middle of the Pacific Ocean, hundreds of nautical miles from the nearest land, Mr Fries’ actions in complying with Thompson after that threat were reasonable.
Michael Ainsworth is a founding member of Samuel Griffiths Chambers in Sydney. He was instructed at trial by Paul McGirr and Robert Candelori of McGirr Lawyers.
Sports players have a right to free speech
Paul McGirr has made a spirited defence of the right of rugby players and other sports men and women to stand up for what they believe in. He told the media yesterday, in the aftermath of Rugby Australia resolving its dispute with star player Israel Folau, that the NRL should not be afraid to allow Folau to ply his trade.
“If denied by the NRL, one could look at it and say he has been discriminated against because of his personal beliefs,” McGirr said.
“It would be interesting to see whether the NRL would support the proposition that Folau is entitled to ply his trade in the code.
“Mr Folau has shown he is prepared, if need be, to go to court and go to any length to defend his right to freedom of speech.
“It appears sponsors are chartering the course that these codes should take. These codes need strong leadership and to remember that they run the game and should embrace individuals standing up for their beliefs.
“That is what sport is all about and what we’re trying to teach our kids.
“Would the NRL stand up and support freedom of speech? It certainly appears on the face of it that an apology (from RA) has been made to Mr Folau. That shouldn’t be a reason — just because someone has the gumption to stand up for what he believes in — for a player to be denied the ability to ply his trade.”
https://www.zerotackle.com/nrl-could-face-pressure-to-lift-folau-ban-50699/
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.
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 NRL Origin player given good behaviour bond
Paul McGirr represented former NRL Origin legend Ben Kennedy at Waverley Local Court. Mr McGirr made submissions about Mr Kennedy having mixed alcohol with strong pain medication for back pain which caused him to have ended up in a Border Force facility. The presiding Magistrate issued Mr Kennedy a 12-month good behaviour bond despite the bizarre factual circumstances.
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.
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.
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.”