Security Guard and Musician Etima Lokondo vigorously defended

After trying to remove a belligerent man from a car park on Melbourne Cup day, Etima Lokondo was forced to defend himself when the man shaped up in a fighting stance and was, in Mr Lokondo's mind, attempting to steal a vehicle.

Mr McGirr forensically replayed the CCTV footage to the court repeatedly pausing to show examples of what he said was Mr Maroun looking for a fight.

He said various parts of the footage showed Mr Maroun “goading” Lokondo, “clenching his right fist” and walking with a “staunch body” and “fighting stance”.

“What we have is someone encouraging us to fight, them encroaching on our space on at least three occasions and following my client in a quick manner,” Mr McGirr said.

“The prosecution has failed to prove their case beyond reasonable doubt.”

Magistrate Millege has reserved her decision until August.

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

Sticky Fingers lead singer, Dylan Frost, discharged back into rehab

After receiving a “flogging” from his fellow band member Paddy Cornwall in an altercation in later 2019, Sticky Fingers lead singer Dylan Frost was charged with affray by NSW Police.

Paul McGirr told the court the affray was “street justice” in a successful bid to have the charge of affray dismissed on mental health grounds.

The court heard the 30-year-old, who was supported in court by his partner and manager, had been diagnosed with schizophrenia and substance abuse disorder and was currently enrolled in a full-time residential rehabilitation program.

Sticky Fingers bassist Paddy Cornwall avoids full-time custody

Paul McGirr vigorously defended Paddy Cornwall, bassist for renowned rock outfit Sticky Fingers, in the Downing Centre Local Court on a charge of affray relating to an incident between Cornwall and lead singer Dylan Frost.

While an application for discharge on mental health grounds was refused, the presiding Magistrate sentenced Cornwall to an intensive corrections order in the community for 18 months.

Speaking to Tone Deaf, Paul McGirr said there had been ongoing issues “with Paddy looking after Dylan Frost” before Dylan instigated the fight that night.

“There’s been well documented court cases in relation to [Dylan’s] behaviour and his conditions with schizophrenia and everything else,” said McGirr. “Paddy was the number one fan and number one supporter of him. They were more like close brothers having a fight.”

McGirr, a former police officer, will also be representing Dylan when he appears in court in the coming weeks on the same charge of affray.

In court yesterday, Dr. Olav Nielssen said that a lot of the fighting during the incident was in defence.

“[It was] almost theatrical,” Paul McGirr told Tone Deaf. “It was him trying to make Dylan stay down on the ground because Paddy has been the victim of a number of assaults at the hands of Dylan.”

Police confirmed in court yesterday that Dylan had a knife on him during the incident, which was found during their search. Paul McGirr told Tone Deaf Paddy was aware that Dylan had the knife.

“Neither party wanted police involvement,” McGirr said. “There was no charge of assault. All they were charged with was a charge of affray and with an affray charge you don’t need an actual victim.”

Paul McGirr tendered a personal note to the court as evidence of the pair’s friendship on 1 March 2021. The note was written by Paddy on paper featuring the Royal Prince Albert letterhead and given to Dylan in hospital.

The handwritten note read: “Here cuz I love you. Unconditionally. It sucks it came to this after such a lovely day. I really enjoyed it. Until that last part. Let’s get it together you bratty bastard.”

Sticky Fingers’ lawyer: ‘Dylan Frost was released from hospital without any injuries’ | Tone Deaf

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.

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.

Newbigging charges dismissed on mental health grounds

Paul McGirr was able to successfully apply for Isaac Newbigging to be discharged into the care of his mental health practitioners who have been dealing with his chronic and serious schizophrenia. He "fell through the cracks" prior to the altercation with police.

It was clear to Magistrate Hamilton at Dubbo Local Court, after extensive submissions from Mr McGirr in conjunction with a report from Dr Olav Nielssen psychiatrist, that our client was suffering from chronic mental illness and that a custodial penalty was unlikely.

Mr Newbigging was released immediately after spending months in custody.

Sydney developer granted bail

Paul McGirr and Robert Candelori secure bail for Sydney developer charged with offences relating to MDMA secreted in an excavator. Magistrate Atkinson in her decision indicated the delays and complex “house of cards” business arrangements were among the reasons Mr Tony Maaz had shown cause as to why his detention was not justified, along with strict bail conditions proposed.

How builder Tony Maaz was arrested over $79m worth of MDMA hidden in an excavator | Daily Telegraph

Paul McGirr defends police officers targeted by internal complaints processes

Paul McGirr was today quoted in the Sydney Morning Herald special investigation in relation to alleged misuse of internal complaints processes by NSW Police Force superiors.

NSW Police claim bosses use complaints to target them (smh.com.au)

When a complaint ends up in court the defence costs may fall to the officer. Even if they win the case or it is withdrawn, they can be stuck paying thousands of dollars in legal fees.

Last month SM, a police officer since 2013, lost her appeal in the Supreme Court to recoup the legal costs she incurred fighting a case that was withdrawn on the day it was due to be heard in court.

She was charged in 2018 for recording conversations with her superiors at the police prosecution's command. She said she made the recordings as she felt bullied and her workplace was unsafe.

An independent review of the original complaint against her found the investigation to be “inadequate”. A review of other investigations involving SM found “a number” of sustained complaint findings had to be overturned.

She was reinstated to the force in August 2020 but was ordered to pay her own legal costs and the costs of the DPP (Director of Public Prosecutions) who fought her appeal for costs in the Supreme Court.

Her lawyer Paul McGirr, a former police officer, said once the police “choose their horse, they will flog that horse no matter how bad their case is”.

“The (NSW Police) director of legal services in SM’s matter actually put in writing 'I don't know why this matter is going to court',” Mr McGirr said.

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.

Renowned neurosurgeon Dr Tim Steel acquitted of all charges

Paul McGirr successfully defends renowned neurosurgeon Dr Tim Steel from false allegations of domestic violence. The presiding Magistrate found that Emma Steel was neither punched nor slapped, indeed it was she who had attacked Dr Steel.

Paul McGirr named one of Sydney's top defence lawyers

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

Stay busy, don’t stress and don’t speak.

These are some of the golden words of advice Paul McGirr gives his NRL star clients in the moments after they hire him.

Few lawyers have had more success than Mr McGirr in the protection of stricken rugby league players. He is fiercely defensive of their right to a presumption of innocence and to maintain a decent life while the game they love is often taken away from them.

“I try and put them at ease and say ‘look, the reason you’re paying me is to do the worrying for you. If I tell you to start worrying, you can start worrying’,” Mr McGirr said.

“I try and tell them to keep themselves busy, get work with friends, bricklaying if you have to.

“They’re training every day then all of a sudden that’s turned off and that’s when mental health arises because idle hands are the devil’s workshop.”

The list of NSW Origin stars alone he’s represented is impressive - Jarrod Mullen, Michael Jennings and Ben Kennedy to name a few.

Paul McGirr

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

Jarrod Mullen avoids custodial penalty in sentencing proceedings

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.