The curious case of Margaret Cunneen, one of this country's foremost crown prosecutors is being investigated by ICAC - and the vast majority of people must be wondering - why ? ICAC was formed with the intent of rooting out corruption at the highest level and it has seen the downfall of two state premiers and a swathe of lesser politicians. People do not appear before ICAC to answer charges of burglary - or running a red light !
It seems that what has whetted ICAC's attention is a claim that Ms Cunneen suggested to the girlfriend of her son that she "fake chest pains "to avoid being breath tested at the scene of a traffic accident. As a result, her son's girlfriend was taken to hospital by ambulance where mandatory blood tests were carried out - and which revealed no law breaches.
To most people, this seems to be a curious interpretation of the dividing line between normal family behaviour and the exalted code that exists between litigants in our courts. At best, it seems an unsubstantiated claim - possibly of malicious intent - and why ICAC would concern itself with such an investigation beggars the imagination.
Margaret Cunneen is a gifted lawyer with a long string of successful prosecutions. She would not be a person of favour in the underworld and being subjected to investigation will certainly cause her distress - and cost a lot of defence money. That could be the intent of this claim.
The very definition of the word "lawyer " is co-joined with that of "defence ". When we are in trouble we consult a lawyer who instructs us in what to say - and what not to say. A lawyer takes the side of his or her client and suggests strategies to mitigate the crime - or at least reduce it's severity. In many cases this involves denial of facts and putting forward an account of events that may stray far from the truth. Such is our system of law in this country.
If Ms Cunneen did so advise her son's girlfriend, she was not doing so as a legal counsel. She was acting in a family environment and it could have been good advise to avoid the disparities sometimes claimed of the police blood alcohol machines. As a trained lawyer, she would be well aware that a person taken to a hospital emergency department after a road accident is automatically given blood analysis - with the much more reliable laboratory test deciding the result.
So it seems we are descending into the murky world of professional accountability. What is normal - and legal - for members of the public becomes a crime when it offends the higher standards imposed by a professional body. Was Margaret Cunneen expected to adhere to the strict protocol expected of a crown prosecutor when she was speaking to a friend and associate of a family member ? And of course the really big question is - could that be regarded as a "crime " ?
Many people associate this case with the jailing of former Federal Court Justice Marcus Einfield.
There is simply no comparison. Einfield decided to dodge a $77 speeding fine by signing a statutory declaration that he was not the driver of the car - and he nominated an associate who it was later proved was long deceased. He persisted with this defence and the sentence of three years in prison was punishment for wilfully and knowingly lying under oath.
It remains to be seen why ICAC has chosen to become involved in this matter !
No comments:
Post a Comment