Central Malaita Student Association Blog Site: Marcus Einfeld May Face Perjury Charges

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Thursday, December 14, 2006

Marcus Einfeld May Face Perjury Charges

Sydney Morning herald News
Tim DickDecember 14, 2006.

Former Federal Court Judge, Marcus Einfeld, who was once appointed by Solomon Islands Prime Minister to head the Commision of Inquiry into the Chinatown Riot may face perjury charges in Australia.
.................
POLICE have asked prosecutors to consider criminal charges against the former Federal Court judge Marcus Einfeld, which may include perjury and swearing false statutory declarations.
Detectives have gathered enough evidence after a five-month inquiry into his history of avoiding traffic fines to refer the matter to the Director of Public Prosecutions to consider charges.
Mr Einfeld has consistently denied any wrongdoing since August, when he appeared in the local court to dispute a $77 speed camera fine incurred in Mosman during January.
He told a magistrate that a Florida professor, Teresa Brennan, was driving his car at the time, but it quickly emerged that she had died three years earlier. A fraud squad investigation, Strike Force Chanter, was begun into what turned out to be his long history of avoiding traffic fines.
It also prompted a separate state-wide audit of people who have used similar means to avoid traffic fines. This led to 238 charges against people who either blamed a dead person or someone unknown to them via a scam.
In the Einfeld matter, a NSW Police spokeswoman yesterday confirmed that a brief of evidence was handed to the DPP on November 21. She gave no further details, except that the matter was with the DPP for "consideration". As a matter of practice, the DPP does not comment on what matters it is reviewing for possible prosecution.
That practice continued yesterday, when a spokeswoman declined to confirm or deny it was acting on the Einfeld brief.
Possible charges include perjury - giving false evidence while on oath - which carries a maximum sentence of 10 years' jail, and knowingly making a false statutory declaration, which carries a maximum sentence of five years' jail, extended to seven years if the declaration is sworn for material advantage.
Mr Einfeld could not be reached for comment yesterday, but he has strongly and repeatedly denied any wrongdoing.
In late August, he said his lawyers had delivered a "comprehensive dossier" to police, which established that he was not driving when his car was speeding in January. "I am very confident that the police investigation will clear my name," he said.
Last month, the Herald revealed Mr Einfeld had incurred at least nine traffic fines in four years as a Federal Court judge, for speeding, running red lights and parking at bus stops.
He provided statutory declarations to avoid at least some of those fines while still on the bench, including running a red light on William Street.
Mr Einfeld initially said his taxpayer-funded car was being serviced at City Ford in Woolloomooloo, but investigations by the court registry showed that not to be the case.
It is not known whom he blamed in the statutory declaration, as his lawyers have sought to have that document kept secret from a Herald freedom-of-information request. It has also been investigated by police, along with the other fines incurred while still a judge, with detectives inspecting Federal Court files as recently as last month.

posted by administrator @ 1:08 PM

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