Paul McGirr secures landmark win for Collector Hotel against Liquor and Gaming NSW

Paul McGirr successfully defended the Collector Hotel at Parramatta against allegations that it failed to comply with the Public Health orders in place in September 2020, in particular its Covid Safety Plan and spacing of poker machines.

The case had drawn widespread attention in publican circles after regulatory body Liquor and Gaming NSW began issuing fines in relation to alleged breaches of COVID safety plans despite releasing a statement of regulatory intent to industry stakeholders suggesting it would take a common sense approach bearing in mind the impact of COVID on the industry generally.

“A poker machine can’t transmit COVID to another poker machine,” lawyer Paul McGirr told Downing Local Court on Wednesday.

Mr McGirr was acting for the owners of Parramatta’s Collector Hotel, which had been fined by Liquor and Gaming NSW for breaching COVID regulations in relation to the spacing of the poker machines in its gaming room.

But Mr McGirr told the court it only mattered if there were people sitting at the machines, which there weren’t because of a range of measures employed by the pub, including hiring a full-time COVID marshal who ensured people were not sitting on machines that were next to each other.

This Collector’s owners had also spent $90,000 refurbishing the pub’s gaming room to properly space the poker machines.

Investigators for Liquor and Gaming had gone into the pub in September armed with tape measures, and issued an infringement notice after alleging the pub’s poker machines were not spaced 1.5m apart.

However the Public Health regulations had stated that the spacing had to be implemented “where possible”. Liquor and Gaming NSW failed to address the issue of possibility and were unable to prove that machines weren’t spaced 1.5m apart.

Magistrate Antrum dismissed the offence after a lengthy hearing.

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.

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