Stephen Warne on professional negligence, regulation and discipline around the world

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A last-ditch argument

May 7th, 2014 · No Comments

A South Australian solicitor’s last-ditch argument in his brave but unsuccessful battle to stay on the roll of practitioners was:

‘Mr Prescott contends that this Court should not act on the false testimony finding in the strike off application because, even though his testimony in the 2011 hearing was false, he had deluded himself into believing the truth of that testimony.’

The Supreme Court of South Australia did not fall for it, despite the solicitor having obtained from a Mr Ireland, psychologist, a diagnosis of acute stress disorder which hindered his ability to give reliable testimony.  The reasons are at Legal Practitioners Conduct Board v Prescott [2014] SASCFC 41. The Court said:

‘His demeanour when giving evidence before this Court exuded a sense of self assurance and confidence which was incongruous with his claim that he has been overwhelmed by the disciplinary proceeding he has faced over the last decade.’

Needless to say, the Court also engaged in a great deal of other analysis, ultimately preferring the evidence of the Bureau de Spank’s psychiatrist.

Now if there is a jurisdiction where you would hesitate about running an ‘I was mad; I knew not what I done, Guv’ defence, it is probably South Australia, where they had a Royal Commission about the police’s handling of a solicitor whose car collided with a cyclist who died soon after.  The rabid response of an ill-informed public whipped up by shock jocks and politicians insufficiently unwilling to exercise restraint to the solicitor’s explanation for his conduct after the accident (that he was in a state of post trauamatic stress and was acting more like an automoton than usual) continues to provoke headlines there, many years after the tragedy.

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Tags: Discipline · fraud · mental illness · South Australia · Striking off