Council of the NSW Bar Association v Power [2008] NSWCA 135

Council of the NSW Bar Association v Power [2008] NSWCA 135

Based on the admitted facts and additional findings, including deliberate concealment or disposal of the F-drive to prevent evidence being available during investigation for a criminal offence, the Court finds the opponent guilty of professional misconduct and not a fit and proper person to remain on the Roll of Legal Practitioners. The opponent's conduct also amounts to offences under s 317 and s 319 of the Crimes Act. Orders for removal from the Roll and costs are appropriate.

Parties
Claimant: Council of the New South Wales Bar Association; Opponent: Patrick John Piers Power
Jurisdiction
Australia
Judgment Date
17 June 2008
Procedural Posture
Professional Disciplinary/removal Proceedings / Judgment on Removal From Roll for Professional Misconduct
Outcome
Declaration of professional misconduct; declaration not fit and proper; removal from Roll; costs ordered against opponent.
Legal Topics
Professional Misconduct, Removal From Roll of Legal Practitioners, Privilege Against Self Incrimination, Possession of Child Pornography, Perverting the Course of Justice
Legal Profession Law Criminal Law Evidence Professional Misconduct Removal From Roll of Legal Practitioners Privilege Against Self Incrimination Possession of Child Pornography Perverting the Course of Justice

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Parties

Council of the New South Wales Bar Association

Claimant

Patrick John Piers Power

Opponent

Procedural Posture

Professional Disciplinary/removal Proceedings / Judgment on Removal From Roll for Professional Misconduct

Legal Issues

  1. 1 Whether the opponent is guilty of professional misconduct for possession of child pornography and related conduct
  2. 2 Whether adverse inferences can be drawn due to the opponent's failure to give evidence or explanation of matters within their knowledge
  3. 3 Whether conduct also amounts to an offence under ss 317 and/or 319 of the Crimes Act 1900 (NSW)

Ratio Decidendi

Based on the admitted facts and additional findings, including deliberate concealment or disposal of the F-drive to prevent evidence being available during investigation for a criminal offence, the Court finds the opponent guilty of professional misconduct and not a fit and proper person to remain on the Roll of Legal Practitioners. The opponent's conduct also amounts to offences under s 317 and s 319 of the Crimes Act. Orders for removal from the Roll and costs are appropriate.

Court Disposition

Declaration of professional misconduct; declaration not fit and proper; removal from Roll; costs ordered against opponent.

Orders

  • Declare that the opponent is guilty of professional misconduct.
  • Declare that the opponent is not a fit and proper person to remain on the Roll of Legal Practitioners.