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.

NRL could face $100 million concussion bill

The NRL would face crippling bankruptcy through an “inevitable” concussion-related courtroom class action which could be worth a staggering $100 million.

That is the startling allegation from leading Australian lawyer Paul McGirr.

McGirr was talking after a class action against the AFL over concussion injuries was launched in the Melbourne Supreme Court last week by nearly 60 former players.

And McGirr said he had heard “murmurs” of possible court action against the NRL. Leading sport doctor Nathan Gibbs backed McGirr, claiming legal action by ex-players was “definite”.

“You’re talking at least $100 million and that’s a conservative figure. It could certainly bankrupt the game,” McGirr said.

“If you were paying $1 million to one particular person, imagine over the years, you’re talking hundreds or thousands of people putting claims in. You don’t have to be Einstein to figure out that this could be a major problem if their action was successful. The bottom line is I think it’s inevitable.

“I would be suprised if there was a class action this year but, certainly from the murmurs I have heard, people are talking and it’s been front-of-mind with the NRL, and wider circles, for some time.

“I have certainly heard rumblings in relation to individuals suffering certain health conditions and blaming the game of rugby league on those health conditions.

“If successful in their actions, you are talking about people’s living expenses and possible professional care for 20, 30-plus years, at least. People who have played the game believe they are entitled to be protected for life.

“I also think we are moving toward waivers, not that the NRL will admit that they are liable. The NRL and clubs will somehow look to alleviate their risks.

“I don’t believe the NRL will take any blame for any of these injuries but the NRL is trying to limit the chance of head knocks happening.”

Gibbs told the Big Sports Breakfast Weekend radio show: “I think there will definitely be some legal issues…because it’s happening in other codes. It will definitely happen in rugby league.”

A concerned NRL last week introduced a mandatory 11-day stand-down policy for concussed players. While certain the concussion lawsuit will end up in court, McGirr warned former players about their chances of success in the courtroom.

“It wouldn’t be a slam-dunk (in court) as it were in respect to just saying: ‘I was knocked out therefore I have certain medical effects due to being knocked out’,” McGirr said.

“You’ve got to prove which particular action caused you to have these injuries and what evidence supports the specifics of what caused the injury. You can’t say there is a class action and therefore I’m entitled to compensation for my injury. For instance, if I get knocked out in a bar fight and then played rugby league for another 10 years and got knocked out, the issue would be proving how the second knockout on the rugby league field caused the particular condition someone may have.

“And the second issue, what can they prove is attributed to the body’s natural deterioration or what can be attributed to brain injuries. The scientific research into these matters is still a grey area. There are people who have played chess or lawn bowls all their lives and they have the same issue - and they haven’t been knocked out.”

This story originally appeared in the Daily Telegraph print edition, page 49, on 20 March 2023 under the hand of Dean Ritchie.

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.”

A victory for common sense: Darko Desic released from Villawood immigration detention

After a concerted effort by McGirr & Associates and supporters in and around the Northern Beaches, prison escapee Darko Desic has been released from immigration detention today.

Mr Desic captured the imagination of many Australians after handing himself in after 30 years on the run, escaping from Grafton prison in the early 1990s.

Faced with the prospect of deportation to a country that no longer exists, being the former Yugoslavia, there has been a long-running campaign by this firm to firstly have his sentence commuted, and secondly to have a visa issued by immigration authorities.

Today, common sense has finally prevailed.

“It’s given me renewed confidence in the Australia I know and the Australia I grew up in,” Paul McGirr said.

“He’s in shock,” Mr McGirr said. “He has accommodation and he hopes now to be able to get on with his life.”

Prison escapee Darko Desic wins deportation battle, granted visa | Daily Telegraph

Charges against Cameron Williams dismissed

Paul McGirr has successfully argued for charges against former Channel 9 presenter Cameron Williams to be dismissed under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

After successful negotiations, the charge of assault occasioning actual bodily harm was withdrawn by police, however Magistrate Hockey discharged Mr Williams into the care of his psychologist in relation to the offence of common assault.

The agreed facts reveal the conversation about their future escalated into a “loud verbal argument” during which Mr Williams laid his hands on his partner.

The court heard the former Channel 9 stalwart grabbed Ms Russo on the upper arms and pushed her backwards. She then kicked him away, according to the facts.

“This is a very unfortunate incident,” Mr McGirr acknowledged.

He described the altercation as “two adults having a discussion” about the possibility of reconciliation.

“There is no striking, no hitting and no punching,” Magistrate Hockey agreed.

The court heard Mr Williams’ consumption of alcohol and prescription medication contributed to the incident.

Magistrate Hockey accepted Mr Williams had been struggling with his mental health for more than a year which acted to reduce his moral culpability.

He categorised the assault as an “impulsive reaction”.

The magistrate dismissed the assault charge on the grounds that Mr Williams was mentally unwell at the time.

Cameron Williams: Former Channel 9 sports presenter admits assault of wife | news.com.au — Australia’s leading news site

Darko Desic released from prison but a new fight begins

A prison escapee who hid in Sydney's Northern Beaches for 29 years was released from the John Morony Correctional Complex today as the community fights to keep him from being deported.

Darko Desic escaped from Grafton jail in 1992 after being convicted of cannabis cultivation two years earlier and only last year turned himself in to police.

Desic served the final 19 months from his original 44-month sentence and an extra two months for breaking out but he's not yet a free man.

The 64-year-old said he escaped 30 years ago after being desperate to avoid being sent back to war-torn Yugoslavia, a country that no longer exists.

Desic worked as a handyman in Avalon and made friends with members of the local community during his decades in hiding, and they're now coming out to support him in his immigration battle.

Stonemason Scott Matthewson worked with Desic and described him as a "good fella".

"It's not a big charge these days ... if he got done today with it he'd probably get a fine."

The community has raised $30,000 so far to help save Desic from being deported.

"I can support him in a job and some accommodation and get him on his feet and there's a whole heap of others who will do exactly the same thing," Matthewson said.

"This is his home, he's got money, he's not going to be a demand on the taxpayer's dollar."

Desic is currently in immigration detention ahead of being deported to Croatia.

Pro-bono lawyer Paul McGirr is appealing to the immigration minister to grant the "valued community member" permission to stay.

"That's what the law is about, it's not one size fits all because everyone has a story ... and Darko's is an exceptional and fascinating story," McGirr said.

"Certainly I knew this day would come ... it's a new fight, but we will fight and do our best for him." 

A Current Affair - 16 December 2022

Paul McGirr to refer appalling police conduct to Law Enforcement Conduct Commission

Matthew McMahon’s life has been turned upside down after he was accused of touching a police sniffer dog inside a pub.

It has resulted in him being charged with failing to leave a pub – although prosecutors withdrew the charge on the first day of his case – and now he faces a fight to keep his driver’s licence, which he needs as a truck driver, after police requested Roads and Maritime examine his fitness to hold one.

Mr McMahon had only been inside Wagga Wagga’s William Farrer Hotel for a brief period and had consumed a minimal amount of alcohol before his troubles began on May 6.

The pub was packed with punters who had attended the Wagga Gold Cup races that day and police with a sniffer dog were making their way through the pub.

According to footage played in Wagga Local Court, one of the dogs went past Mr McMahon at 8.23pm. The dog’s handler confronted Mr McMahon and pointed a torch in his face after accusing him of touching the animal.

The court heard that another officer, Senior Constable Justin O’Kane, told Mr McMahon: “You’re out mate, let’s go you’re out” and: “Either you leave or you’re getting a ticket.”

When one of Mr McMahon’s friends intervened, Constable O’Kane said: “Don’t you f --king touch me c --t” and then said to both men: “Get the f --k out of the pub”, police documents said.

Police then physically escorted both men out.

Mr McMahon was charged with failing to leave a premises when required.

But the charge was withdrawn by prosecutors at Wagga Wagga Local Court on October 26.

CCTV footage of the incident showed the police dog walk past Mr McMahon, who looked at the animal but did not touch it, before the confrontation with police.

Mr McMahon’s lawyer Paul McGirr said he was preparing to refer the incident to the Law Enforcement Conduct Commission.

“When I last looked at the laws that govern police arrests, telling someone to: ‘Get the f —k out of the pub’ was not in the legislature,” Mr McGirr said. “He may have forgotten that he was wearing a body-worn camera that was recording the incident.”

Mr McGirr said police had since made representations to RMS to have it examine whether Mr McMahon was fit to hold a driver’s licence.

On November 25, Riverina Police Commander Superintendent Andrew Spliet wrote to Mr McGirr and declined to investigate the police conduct in the matter.

Matthew McMahon’s brush with police dog in Wagga pub turns life upsidedown | Daily Telegraph

Brett Finch receives 2-year community-based sentence

After detailed and lengthy legal submissions and evidence by Brett Finch’s legal team, including Paul McGirr and barrister Michael Smith, Judge Mahony today handed down judgment in which he found that Mr Finch did not have a sexual interest in children and that he will serve a community-based sentence for 2 years.

Mr Finch had previously told the NSW District Court he does not have a sexual interest in children and only began using the platform to seek out drugs after his dealer was arrested. At the time, he said, he was addicted to cocaine and was using between 12 and 25 grams per week.

“I would’ve been on a drug-fuelled bender,” Finch said.

He said he believed sending “twisted” messages on the platform would put him in contact with recipients who were on drugs, meaning he would be more likely to receive drugs. He acknowledged that he did not actually ask for drugs in any of the messages.

Judge Phillip Mahony said on Wednesday that Finch’s plan was “plainly absurd” and had no hope of success, but accepted that Finch’s motivation was a desire for drugs.

Mahony sentenced Finch to two years in jail, imposing a recognisance release order which meant Finch was immediately released to serve his sentence in the community. Under the terms of the order, Finch must pay $1000, be of good behaviour for two years, and continue receiving treatment including being tested for illicit drugs.

R v Finch - NSW Caselaw

Paul McGirr appears for Daniel Keneally

The police constable son of former NSW premier Kristina Keneally will fight allegations he fabricated false evidence.

Paul McGirr appeared at the Downing Centre Local Court in person on Thursday 17 November and entered a plea of not guilty on behalf of Mr Keneally.

Outside court, Mr McGirr said he had requested a brief of evidence in the matter.

“We’ll assess that and go from there,” he said.

“It’s a sensitive matter and it wouldn’t be right for me to comment at this stage.”

He confirmed Cst Keneally’s plea of not guilty.

Neurosurgeon Tim Steel wins bid for legal costs

High profile neurosurgeon Dr Tim Steel has won a court action to have the NSW Police pay his fees for the failed AVO case they levelled against him.

Police took out the provisional AVO after Dr Steel was accused of holding a knife to the throat of a female – who can’t legally be named – after an argument over ice cream that spilt on the floor in July.

The case fell apart on August 17 after it emerged that Dr Steel never threatened anyone with a knife and the alleged victim admitted they were lying about the incident.

Given the weakness of the case, Dr Steel applied to have the state pay his legal costs.

Magistrate Milledge awarded Dr Steel $11,000 costs and told the court the case had warning signs written all over it from the beginning.

Paul McGirr argued the police in the matter “were played” and “fell right into a trap”.

“It was an embarrassing set of circumstances and the matter should not have seen the light of day,” Mr McGirr said.

“But police insisted on proceeding with the matter and it could have caused extreme damage to my clients career and reputation.”

The court has previously heard that police arrived at the scene of the alleged incident where the complainant confirmed Dr Steel did not threaten her with a knife.

She then went horse riding before presenting at a police station six hours later to make a formal complaint for an AVO to be taken out. However, body worn camera footage emerged from the police who attended the scene of the alleged incident showing the complainant confirmed to the officers that she had lied about the knife and that she apologised to Dr Steel.

It is the second time in two years the high profile surgeon from St Vincent’s Hospital in Darlinghurst has been before the courts only to see the allegations disproved. In July 2020, Dr Steel was found not guilty of assaulting his ex wife, Emma Steel, at their Eastern Suburbs home. Magistrate Swain found that it was in fact Mrs Steel who had assaulted Dr Steel.

Neurosurgeon Tim Steel wins bid to have police pay legal fees after failed AVO case | Daily Telegraph

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.

Josh Dugan may sue Cronulla Sharks after COVID breach base

Former State of Origin star Josh Dugan will consider suing Cronulla for wrongful dismissal over his messy departure from the Sharks that ended his NRL career.

Dugan’s solicitor, Paul McGirr, said the ex-NSW and Australian champion was wrongly terminated by the Sharks over alleged Covid breaches when travelling near Lithgow in the state’s central west in August last year.

The matter is before the courts with Magistrate Kasey Pearce to hand down her decision on December 2.

Dugan and his housemate, Ben Williams, were charged with two counts each of failing to comply with a noticed direction under the Public Health Act, to which they have pleaded not guilty.

McGirr argued in Lithgow Court on August 31 that the case against the pair was flawed as his clients had no knowledge of the Covid legislation or restrictions at the time.

If Dugan loses the case, he will immediately appeal.

NRL 2022: Josh Dugan could sue Cronulla Sharks over sacking, alleged Covid breaches | Daily Telegraph

Pathetic case against Wagga Wagga mechanic Chris Dennis thrown out of court

In a textbook case as to why the NSW Highway Patrol police ought to stick to traffic matters, Paul McGirr has successfully defended long-time Wagga Wagga mechanic Chris Dennis from absurd allegations of fraud after a police inspection of his brake testing machine suggested the date was incorrect. It was also suggested that because he was suffering from cancer and operating this brake testing machine, he was allegedly braking Authorised Inspection Station rules for doing so., The so called fraud also included that he supposedly received $42 per test.

After police failed to adduce any evidence that there had been any fraudulent intent nor any evidence that he had actually received any payment as alleged, the case was thrown out of court, there being no ‘prima facie’ case.

“My client is now preparing to sue for wrongful arrest and possible malicious prosecution,” Mr McGirr said on Saturday. “The highway patrol should … stick to parking tickets and don’t busy yourself with fraud investigations.”

The story was featured in ‘The Snitch’ section of the Sunday Telegraph on 3 July 2022

https://www.dailytelegraph.com.au/truecrimeaustralia/police-courts-nsw/the-snitch-killers-daniel-kelsall-and-kelvin-willmott-to-remain-together-in-jail/news-story/8f970273b9c7f13732692fe18e40bd15

NSW Police withdraw AVO against Chris Nasser

NSW Police have today elected to withdraw their application for an apprehended violence order taken out by Hollie Nasser against her estranged husband, investor Christopher Nasser.

The interim order was taken out by Ms Nasser last December while she was embroiled in a high-profile society marriage split.

Paul McGirr had vigorously argued with police that the AVO was completely baseless and was being used by Ms Nasser as a “sword instead of a shield” against Mr Nasser who is a non-violent person.

'(Mr Nasser) has never been violent, he's quite the contrary, a reserved and humble person.

'At no stage would he ever strike anyone, particularly a woman and the mother of his children. 

'The whole process of having laundry aired in public, particularly for the children, has caused him great distress.

'His children have always been paramount. He wants to move on with his life and he holds no animosity towards anybody

'There are no winners in this, but it shows unfortunately how some people can allegedly use the system to seek an AVO, which should be used not as a sword but as a shield.

'My client is a gentle, loving father,’ Mr McGirr said.

Chris Nasser Hollie Nasser interim AVO dropped by police | Daily Telegraph

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.