A respected South Australian magistrate was arrested and charged with a number of offences following an investigation by the Independent Commissioner against Corruption (‘ICAC’).

In a statement released 29 June 2020, The Independent Commissioner against Corruption Mr Bruce Lander a former SA Supreme Court Justice advised that five search warrants were executed resulting in the arrest of Magistrate Bruse Harrap.

“Magistrate Harrap has been charged with two counts of deception and one count of conspiracy to commit the offence of abuse of public office and one count of conspiracy to attempt to obstruct or pervert the course of justice or due administration of the law,”

“It will be alleged that on two occasions between 19 May 2020 and 22 May 2020, Magistrate Harrap misrepresented who was driving his government-issued vehicle at the time it was observed committing traffic offences and thereby engaged in deception in order to obtain a benefit for himself.

“It will also be separately alleged that between 10 May 2020 and 29 May 2020 Magistrate Harrap conspired with another person to pervert the course of justice and conspired to abuse his public office in relation to a matter that was to be heard by him and was heard by him.”

Mr Lander said that the “special circumstances” of the case have persuaded him to name Mr Harrap – which is a departure from the usual standard.

“In particular, I thought not naming the judicial officer would harm the confidence the community necessarily places in the judicial system,” he said.

The investigation is continuing and “it is anticipated that other charges may be laid and other persons may be charged”.
“No other judicial officers have been subject to investigation.”

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Mr Harrap has secured bailed and will appear in the Adelaide Magistrates Court on 6 July, 2020.

Chief Magistrate Mary-Louise Hribal said: “Magistrate Harrap will not sit as a Magistrate or conduct any court business until the matters have been finalised. Accordingly, I have directed that Magistrate Harrap take leave until the charges against him have been determined according to law,” she said in a statement.

“It is not appropriate for any magistrate to hear the charges against Magistrate Harrap and therefore I have asked the Chief Judge of the District Court to arrange for a judge to hear them.”

Mr Harrap must be afforded the presumption of innocence no competent court has found him guilty of any offence. Mr Lander’s claims are allegations. I reflect on the circumstances of the case involving the former Justice of Federal Court of Australia Mr Marcus Richard Einfeld. He served two years in prison after being convicted of perjury and perverting the course of justice.

Mr Einfeld challenged a speeding ticket in Downing Centre Local Court by claiming he had on the subject day lent his car to an old friend, Professor Teresa Brennan, who was visiting from the United States. By making his claim Mr Einfeld was avoiding a $75 fine, and avoiding losing three of his four remaining demerit points. He gave evidence under oath in the Local Court, and signed a statutory declaration to that effect, and the magistrate dismissed the charge as “not proved.”

However, a junior reporter for the Sydney daily tabloid The Daily Telegraph filed a brief story which caught the attention of assistant editor Michael Beach, who discovered that Brennan had died in the United States three years before Mr Einfeld claimed she had been driving his car, and on Beach’s instruction the reporter called Einfeld to obtain his reaction. This was the basis for Mr Einfeld’s later conviction for knowingly making a false statement under oath.

When challenged by the journalist concerning Brennan’s death, Mr Einfeld claimed that he had lent his car on that day to a different Terese or Therese Brennan, who he claimed also lived in the US, and who had also died after returning to the US. On 10 August 2006 a police investigation commenced into whether Mr Einfeld had committed perjury in giving his evidence. On 23 August 2006, Mr Einfeld produced a detailed 20-page statement describing the fictitious second Teresa Brennan and his supposed dealings with her. This was the basis for his conviction for attempting to pervert the course of justice.

Matters took an unusual turn when on 10 August 2006 Ms Angela Liati, a woman unknown to Mr Einfeld but who wanted to meet him, came forward and claimed that she had met Mr Einfeld and had driven in his car with “Theresa Brennan” (whom she had met on a meditation retreat) on a shopping expedition on the day in question. Liati said “He has given his life to good causes and has been a brilliant judge … a brilliant man … and he deserves all the respect a country will give him”. Ms Liati represented herself during an eight-day District Court jury trial and claimed that she was only endeavoring to make contact with Mr Einfeld through her admission. However, she was found guilty on 12 February 2009 of perverting the course of justice and was subsequently sentenced to 200 hours’ community service; later changed to a 12-month good behaviour bond.

On 29 March 2007, Mr Einfeld was arrested by the New South Wales Police. He was initially charged by the Director of Public Prosecutions (New South Wales) with 13 offences, including perjury, perverting the course of justice, and making and using false statutory declarations. The charges had maximum penalties totalling 154 years in jail.

On 19 October 2008 the Court of Criminal Appeal dismissed another five of the charges against Mr Einfeld, leaving two. On 31 October 2008, Mr Einfeld pleaded guilty to the two remaining charges – to perjury, and to perverting the course of justice. On 20 March 2009, the retired Mr Einfeld was sentenced to the maximum three years in prison for knowingly making a false statement under oath and for attempting to pervert the course of justice, with a non-parole period of two years.

Sources:

Michael Pelly (6 October 2009). “Jail completes Marcus Einfeld’s fall”; Karen Barlow (20 March 2009). “Former Federal Court judge Marcus Einfeld sent to jail,” ABC.;Fitzgerald, Ross (23 September 2011). “If only he had told the truth”. www.theaustralian.com.au. Retrieved 28 December 2018. Fitzgerald, Ross (23 September 2011). “If only he had told the truth”. www.theaustralian.com.au. Retrieved 28 December 2018; Karen Barlow (20 March 2009). “Former Federal Court judge Marcus Einfeld sent to jail,” ABC;
Michael Pelly (6 October 2009). “Jail completes Marcus Einfeld’s fall”
Fitzgerald, Ross (23 September 2011). “If only he had told the truth”. www.theaustralian.com.au. Retrieved 28 December 2018. “The Einfeld Follies: a study in ego”. The Sydney Morning Herald. Retrieved 25 June 2007. Einfeld v R [2010] NSWCCA 87 (5 May 2010), Court of Criminal Appeal (NSW, Australia). https://www.smh.com.au/national/liati-found-guilty-of-perverting-justice-20090212-85kd.html; Fitzgerald, Ross (23 September 2011). “If only he had told the truth”. www.theaustralian.com.au. Retrieved 28 December 2018; Einfeld v R [2010] NSWCCA 87 (5 May 2010), Court of Criminal Appeal (NSW, Australia); Karen Barlow (20 March 2009). “Former Federal Court judge Marcus Einfeld sent to jail,” ABC; Knox, Malcolm (21 March 2009). “Fare cop as judge’s lies lead to prison”. The Age. Melbourne. Retrieved 21 March 2009; “Einfeld case: Liati faces trial” – smh.com.au. Einfeld v R [2010] NSWCCA 87 (5 May 2010), Court of Criminal Appeal (NSW, Australia).