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Profession debates Einfeld saga

Debate again surrounds beleaguered former Federal Court judge Marcus Einfeld after Friday's ruling.

user iconBiwa Kwan 31 August 2009 The Bar
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FORMER Federal Court judge Marcus Einfeld has been found guilty of professional misconduct in a ruling by the NSW Court of Appeal last week.

The Court ruled that Einfeld was “not a fit and proper person to remain on the roll of local lawyers”.

The Sydney Morning Herald court reporter, Kim Arlington, reports today: “The judges said Einfeld’s lies were ‘not a passing mistake, not an unfortunate and apparently uncharacteristic lapse' but 'reflect deeply' on his character."

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Court of Appeal justices James Allsop, Roger Giles and David Hodgson examined previous instances of Einfield’s “series of direct lies” in 1999, 2003 and 2004.

However in May, Einfeld’s lawyer, Robert Tassell told the NSW Supreme Court his client had admitted he was not fit to practice law and would seek an application to disbar himself the legal profession, ABC News reported.

Tassell’s comments followed news that the NSW Bar Association had gathered facts about Einfeld’s past traffic incidents, to be tendered to the NSW Supreme Court, in an effort to have Einfeld disbarred.

Earlier this year, Einfeld was sentenced to at least two years for perjury and perverting the course of justice in lying to avoid a speeding fine in 2006.

Einfeld claimed in August 2006 that an overseas colleague, who was later found to be deceased, had been driving the vehicle at the time.

The Federal Government has previously said it does not have the power to remove Einfeld’s $200,000 annual judicial pension, which he will continue to receive while serving his jail term.


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