Australian lawyer allegedly sacked for refusing to lie
<p>A <a href="https://www.sydneycriminallawyers.com.au/criminal/legislation/corporations-act/">corporate lawyer</a> has commenced proceedings in the Federal Circuit Court after he was terminated from his position as a senior legal adviser with Meriton Property Services for allegedly refusing to lie in an affidavit.</p>
<p>Sydney lawyer Joseph Callahan is claiming $556,500 in compensation and costs after being terminated from his $350,000 a year position in February 2020.</p>
<p>He claims that during a meeting on 3 February 2020, his employer, billionaire property developer Harry Triguboff, demanded that he falsely state in an affidavit that Sydney Council had taken three years to approve a development application.</p>
<p>According to his statement of claim, the lawyer responded by stating, “I’m a solicitor and can’t include something in an affidavit which I know isn’t true”.</p>
<p>He says his employer then said, “Listen my friend, you write it my way or you can fuck off”, and “Fuck you. I pay you to win cases do you understand?”.</p>
<p>Mr Callahan says he then told his employer, “I understand I am here to win cases, but it did not take three years to get the building approved, so I can’t give evidence to the Court that it did”, to which Mr Triguboff responded, “Enough crap from you. Write it my way or you are no good to me”.</p>
<p>The lawyers says he stood his ground, telling his employer “Harry I won’t do it. It’s a lie”.</p>
<p>He says his employer emailed him on 13 February 2020 to advise that his position had been terminated.</p>
<p>Meriton Property Services refutes the allegations, filing a defence which states:</p>
<p>“All allegations that suggest otherwise are strongly denied. Meriton disputes the sequence and nature of the events set out in the court filing”.</p>
<p>The case is listed for hearing on 17 June 2020.</p>
<p><strong>The offence of swearing a false affidavit</strong></p>
<p>Swearing a False Affidavit is a crime under <a href="https://www.sydneycriminallawyers.com.au/criminal/legislation/oaths-act/swearing-falsely-in-affidavits/">Section 29 of the Oaths Act 1900</a>.</p>
<p>The offence carries a maximum penalty of 10 years in prison.</p>
<p><strong>For the offence to be established, the prosecution must prove beyond reasonable doubt that:</strong></p>
<ol>
<li>The defendant swore or affirmed an affidavit,</li>
<li>The affidavit was affirmed or sworn before a person authorised to do so,</li>
<li>The affidavit was false in any respect, and</li>
<li>The defendant knew the affidavit was false in that or those respects.</li>
</ol>
<p>In addition to this, <a href="https://www.sydneycriminallawyers.com.au/criminal/legislation/oaths-act/false-statement/">section 33 of the Oaths Act 1900</a> prescribes a maximum penalty of 10 years in prison for the offence of making a false statement in an affidavit.</p>
<p><strong>To establish that offence, the prosecution must prove beyond reasonable doubt that the defendant:</strong></p>
<ol>
<li>Swore or affirmed an affidavit,</li>
<li>Made a false statement within that affidavit, and</li>
<li>Knew the statement was false.</li>
</ol>
<p>Swearing to false information in an affidavit may also amount to perverting the course of justice, which is an offence under <a href="https://www.sydneycriminallawyers.com.au/criminal/legislation/crimes-act/perverting-course-of-justice/">section 319 of the Crimes Act 1900</a> carrying a maximum penalty of 14 years in prison.</p>
<p><strong>To establish that offence, the prosecution must prove beyond reasonable doubt that the defendant:</strong></p>
<ol>
<li>Engaged in an act or made an omission, and</li>
<li>Did so with the intention of perverting the course of justice.</li>
</ol>
<p>‘Perverting the course of justice’ is defined as ‘obstructing, preventing, perverting or defeating the course of justice or the administration of law’.</p>
<p><strong>Defendants have been found guilty of the offence for the following conduct:</strong></p>
<ol>
<li>Falsely swearing or declaring that another person was responsible for an offence,</li>
<li>Attempting to bribe a police or judicial officer to avoid being prosecuted or punished,</li>
<li>Using a victim’s phone or email in an attempt to create a defence to a crime,</li>
<li>Encouraging or bribing another person to plead guilty to an crime they did not commit, to provide a false alibi and to give false testimony in court.</li>
</ol>
<p>Where it is alleged that a false affidavit was used in connection with judicial proceedings – such as court proceedings – a person can be charged of perjury, which is an offence under <a href="https://www.sydneycriminallawyers.com.au/criminal/legislation/crimes-act/perjury/">Section 327 of the Crimes Act 1900</a> carrying a maximum penalty of 10 years in prison.</p>
<p><strong>To establish the offence, the prosecution must prove beyond reasonable doubt that:</strong></p>
<ol>
<li>The defendant made a false statement under oath or affirmation,</li>
<li>The statement was in, or in connection with, judicial proceedings,</li>
<li>The statement concerned a matter that was material to those proceedings, and</li>
<li>The defendant knew the statement was false or did not believe it was true.</li>
</ol>
<p>The maximum penalty increases to 14 years in prison where the prosecution proves that the defendant intended to procure the conviction or acquittal of a person for a ‘serious indictable offence’, which is one that carries a maximum penalty of at least 5 years in prison.</p>
<p><strong>Defences to the charges</strong></p>
<p>In addition to prove each ‘element’ (or ingredient) the charges, the prosecution must disprove beyond reasonable doubt any legal defence which a defendant validly raise in court.</p>
<p><a href="https://www.sydneycriminallawyers.com.au/criminal/defences/">Legal defences</a> which apply to these offences include:</p>
<ol>
<li>Duress</li>
<li>Necessity, and</li>
<li>Self-defence</li>
</ol>
<p><strong>Professional obligations</strong></p>
<p>In addition to obligations under the general law, a solicitor or barrister who falsely swears to information in a legal statement such as a statutory declaration or affidavit is liable to disciplinary action by the Law Society of New South Wales, including being <a href="https://www.sydneycriminallawyers.com.au/blog/lawyers-struck-off-for-professional-misconduct/">‘struck off’ for professional misconduct</a>.</p>
<p>Going to court for an offence against justice?</p>
<p>If you have been charged with an offence against justice such as swearing a false affidavit, contempt of court, perverting the course of justice or perjury, call Sydney Criminal Lawyers anytime on (02) 9261 8881 to arrange a free first conference with an experienced criminal defence lawyer who will advise you of your options and the best way forward.</p>
<p><em>Written by Ugur Nedim. Republished with permission of </em><a href="https://www.sydneycriminallawyers.com.au/blog/lawyer-allegedly-sacked-for-refusing-to-lie/"><em>Sydney Criminal Lawyers.</em></a></p>
