ID :
190413
Wed, 06/22/2011 - 14:12
Auther :
Shortlink :
http://m.oananews.org//node/190413
The shortlink copeid
A-G has agenda against magistrate: lawyer
SYDNEY (AAP) - June 22 - The lawyer for a Sydney magistrate facing the sack says he's gravely concerned Attorney-General Greg Smith has an "agenda of retribution" against his "stitched-up" client.
On Wednesday in the NSW upper house the government tabled a June 17 letter from the Judicial Commission, which mentioned three new complaints against magistrate Brian Vincent Maloney.
But the government's leader in the upper house, Duncan Gay, successfully sought an adjournment to the debate until the next sitting week, beginning August 1.
Parliament is already considering a commission report that Mr Maloney be removed from the bench over four complaints made between 2002 and 2010, when he was suffering from undiagnosed bipolar 2 disorder.
As part of his defence, Mr Maloney had said there had been no complaints against him since he was treated for his condition in 2010 - a claim contradicted by the commission's letter.
The commission was responding to a request from Mr Smith to verify Mr Maloney's claim, made in his May 25 submission to parliament.
Two of the new and unspecified complaints outlined in the letter are dated 2009, before Mr Maloney was diagnosed with the bipolar disorder.
The third is dated from February-March this year after his treatment had started.
"The commission has only commenced a preliminary examination of the complaints and has given no consideration to the merits of the complaint," said Police Minister Mike Gallacher, who tabled the letter.
Mr Maloney's lawyer Greg Walsh was outraged by the tabling of the complaints "which have not even been investigated and not substantiated".
He labelled the move a "stitch up", which confirmed statements in Mr Maloney's address to parliament on Tuesday that the commission had a secret agenda against him.
"I am gravely concerned that the conduct of the Attorney-General is consistent with an agenda of retribution against the magistrate," Mr Walsh told AAP.
The judicial commission report being considered by MPs examined four complaints against the magistrate, including one instance when he asked a pregnant psychiatric registrar to stand up and "show us that you're pregnant".
Another complaint related to a screensaver of a naked woman, which he showed off to colleagues at a 2002 legal seminar.
In seeking the adjournment, Mr Gay said Mr Maloney should have time to consider the new evidence.
"We believe that the magistrate should be given the opportunity to address this new evidence, either in writing or in person... if he so wishes," Mr Gay said.
On Wednesday in the NSW upper house the government tabled a June 17 letter from the Judicial Commission, which mentioned three new complaints against magistrate Brian Vincent Maloney.
But the government's leader in the upper house, Duncan Gay, successfully sought an adjournment to the debate until the next sitting week, beginning August 1.
Parliament is already considering a commission report that Mr Maloney be removed from the bench over four complaints made between 2002 and 2010, when he was suffering from undiagnosed bipolar 2 disorder.
As part of his defence, Mr Maloney had said there had been no complaints against him since he was treated for his condition in 2010 - a claim contradicted by the commission's letter.
The commission was responding to a request from Mr Smith to verify Mr Maloney's claim, made in his May 25 submission to parliament.
Two of the new and unspecified complaints outlined in the letter are dated 2009, before Mr Maloney was diagnosed with the bipolar disorder.
The third is dated from February-March this year after his treatment had started.
"The commission has only commenced a preliminary examination of the complaints and has given no consideration to the merits of the complaint," said Police Minister Mike Gallacher, who tabled the letter.
Mr Maloney's lawyer Greg Walsh was outraged by the tabling of the complaints "which have not even been investigated and not substantiated".
He labelled the move a "stitch up", which confirmed statements in Mr Maloney's address to parliament on Tuesday that the commission had a secret agenda against him.
"I am gravely concerned that the conduct of the Attorney-General is consistent with an agenda of retribution against the magistrate," Mr Walsh told AAP.
The judicial commission report being considered by MPs examined four complaints against the magistrate, including one instance when he asked a pregnant psychiatric registrar to stand up and "show us that you're pregnant".
Another complaint related to a screensaver of a naked woman, which he showed off to colleagues at a 2002 legal seminar.
In seeking the adjournment, Mr Gay said Mr Maloney should have time to consider the new evidence.
"We believe that the magistrate should be given the opportunity to address this new evidence, either in writing or in person... if he so wishes," Mr Gay said.
