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A police source told The Age that
surveillance had allegedly captured Garde-Wilson and Mokbel
(right) together at a Queensland casino in 2005.
The solicitor was allegedly filmed collecting Mokbel's winnings of several thousand
dollars.
While refusing to give evidence, Garde-Wilson
made a failed application to enter the witness protection program.
Garde-Wilson said she had refused to give evidence
"so I don't get my head blown off" and claimed
Faure had threatened
her life.
She said she was "petrified" for her
safety and could possibly lose her licence to practise as a solicitor.
Zarah was charged with contempt on October 7,
2005,
after she refused repeated requests by Justice Bernard Teague to answer
questions about her relationship with Caine during preliminary argument in the
trial of Keith Faure and Evangelos Goussis
who were charged over Caine's murder.
The prosecution had called Garde-Wilson to give
evidence about the day Caine was shot.
With Faure and Goussis looking on, she climbed the
stairs to the witness box, took the oath, stated her name and began to
tremble.
Garde-Wilson shook and wept and in a soft voice that echoed through the cavernous courtroom, she told the judge: "I am unable to answer any questions due to fear
for my safety."
She had provided police with a statement
but refused to sign it.
She claimed that following Caine's
death, Faure had approached her then boss, George
Defteros, and told
him "for her to keep her mouth shut" and if she didn't he would
"hold Mr Defteros personally responsible".
"I took it to mean that he (Mr Defteros)
was responsible for keeping my mouth shut and if I didn't keep my mouth shut,
we'd both be responsible," Garde-Wilson told the contempt hearing.
She said she had received telephone calls from
Victoria's maximum-security Barwon Prison to her office but the caller
remained silent.
"What is your belief if you give
evidence?" asked her lawyer Gerard Nash, QC.
"I will be shot," Garde-Wilson replied.
Garde-Wilson conceded the decision to enter the
witness protection program meant "giving away my entire livelihood".
Prosecutor John McArdle, QC, said Garde-Wilson
had "joined one of the significant tribes" in Melbourne's underworld
war and had fallen under "their umbrella".
On November 3, Keith
Faure and Evangelos Goussis were found guilty of Caine's death
without her testimony.
Justice David Harper later said it was only with the benefit of
hindsight that it could be said that Garde-Wilson's refusal had no impact on
the verdicts.
Police say Garde-Wilson could have offered important evidence relating to
Caine's wealth, talk of purchasing a car and his final movements before he
died.
Garde-Wilson's lawyer Stephen Shirrefs dismissed the request to question
her as nothing more than a "proofing exercise" and a distortion of
the trial process.
Two weeks after her refusal, Garde- Wilson faced the embarrassment of
watching her crime as it was played on video during her contempt hearing.
She suffered more shame when Detective Sergeant Andrew Stamper told the Supreme Court
she was involved in
an "off again and on again" sexual relationship with Mokbel.
"Mokbel is arguably the leader of a major criminal
enterprise in this city, your honour," he added.
At one
point, she refused to answer questions about Mokbel, stating: "I'm
waiting for my counsel to object to relevance."
Among the professional references given during
Garde-Wilson's hearing was a letter from Lea Weaver, of the Fitzroy Therapeutics Botanical
Emporium.
Weaver, a shiatsu and oriental therapy practitioner, instructed
Garde-Wilson and Lewis Caine on reiki - a method of spiritual healing that claims to
draw on one's life force energy - to a level where the couple becoming
qualified healers.
Caine went a step further, becoming a shiatsu practitioner.
Weaver wrote
that Garde-Wilson: "Does not judge people on their immediate expression
but looks for the heart of the person."
She said Garde-Wilson had told
her that there was always a story behind anyone accused of crime.
On November 10, 2005, Justice Harper found
Garde-Wilson guilty of contempt and said that if other witnesses in murder
trials copied her refusal to testify "no system of justice could
survive".
But Justice Harper imposed no further penalty after taking account of exceptional
circumstances in the case.
He acknowledged she was in "genuine fear" for her life from
Keith Faure.
Law Institute of Victoria chief executive John
Cain told The Age
that an investigation might be opened once Garde-Wilson's matters had
finished before the court, to test if she "is a fit and proper
person" to practise law.
The Legal Services Board suspended
her licence to practice but she continued to work
pending appeal.
On November 25, 2005, Garde-Wilson
spoke to ABC Radio's Josie Taylor.
ZARAH GARDE-WILSON, SOLICITOR: I
believe it's a malicious witch hunt against me purely because of
the people I represent. The Victoria Police, they made it
perfectly clear to me shortly after Lewis's death that they don't
approve of me acting for various persons and it would be in my
best interests not to act for various persons. And obviously
subsequent to acting for such people, this onslaught has occurred.
JOSIE TAYLOR, REPORTER: It's an
onslaught Zarah Garde-Wilson says has been unrelenting for the
past 18 months.
IAN HENDERSON, PRESENTER, ABC NEWS:
A Melbourne solicitor found guilty of contempt of court has
escaped a gaol term.
JOSIE TAYLOR: To understand what
this brought this lawyer to the brink of losing her career and the
prospect of time in gaol, you have to wind back the clock five
years to when Zarah Garde-Wilson moved to Melbourne and met the
man she describes as her soul mate.
ZARAH GARDE-WILSON: From then on we
were inseparable.
JOSIE TAYLOR: What kind of a man
was he?
ZARAH GARDE-WILSON: Most incredible
man to ever walk this earth.
JOSIE TAYLOR: He obviously was a
man of integrity to your mind.
ZARAH GARDE-WILSON: Enormous
integrity.
JOSIE TAYLOR: Lewis Caine is
pictured here under police surveillance meeting with Carl and
Roberta Williams last year. He'd previously met Zarah
Garde-Wilson as a client of the law firm she worked for.
VOICEOVER: Convicted murderer and
underworld figure, Lewis Caine, was shot in the head at close
range in May last year.
ZARAH GARDE-WILSON: I understand it
was very quick and he wasn't aware it was coming so to speak so it
was instantaneous; much better than any other forms of dying so
insofar as his death itself is concerned, I'm happy it was so
quick.
JOSIE TAYLOR: Do you feel any anger
towards the people that metered it out, though?
ZARAH GARDE-WILSON: Not really. I
believe in karma. What goes around, comes around.
JOSIE TAYLOR: After Caine's murder,
Zarah Garde-Wilson poured her energy into establishing her own
legal practice named in her dead partner's memory. Within months
she was representing some of Melbourne's biggest names, amongst
them, Tony Mokbel, Victor Brincat, Carl, George and Roberta
Williams. Zarah
Garde-Wilson says that's when police efforts to destroy her began
in earnest.
VOICEOVER: The 27-year old
solicitor was arrested and charged over deception and gun
offences. It can now be revealed Zarah Garde-Wilson has been ...
JOSIE TAYLOR: Two months ago,
shortly before the murder trial of Keith Faure and Evangelos
Goussis began, the prosecution notified Zarah Garde-Wilson of
their intention to call her as a witness. The 27 -year old says
that surprise decision showed a complete disregard for her
personal safety. What exactly were you frightened of?
ZARAH GARDE-WILSON: The accused who
have now been convicted of killing Lewis and their connections.
JOSIE TAYLOR: And what did you
believe they were capable of?
ZARAH GARDE-WILSON: They're
contract killers, they're capable of anything.
JOSIE TAYLOR: The solicitor then
took the drastic step of applying to enter the witness protection
program. That application was rejected. The court heard police
believed her close underworld associations posed a far greater
threat than the gaoled killers of her boyfriend.
ZARAH GARDE-WILSON: I was more
appalled by the reaction of the Chief Commissioner when their
response to the court in refusing me witness protection was,
"We're pleased to announce witness protection has been
refused". That's the catalyst for everything that happened
thereafter.
JOSIE TAYLOR: Acting under legal
advice, Zarah Garde-Wilson entered the witness box and refused to
answer questions. Shaking and weeping the solicitor said she
feared for her safety. She was subsequently charged with contempt
of court.
ZARAH GARDE-WILSON: I was acting
under what I believed were my legal rights not only as a citizen
but also as a lawyer and I am bound by what the court says.
JOSIE TAYLOR: One detective told
Stateline the idea of Zarah Garde-Wilson living in fear is
ludicrous as she has joined the biggest gang in the criminal
playground. You've been accused of being attracted to that, sort
of being sucked in by the glamour.
ZARAH GARDE-WILSON: I'd like to
know what the attraction is. If the current position I'm in is
attractive, they really should be thinking again. If the criminal
lifestyle involves waking up at 6 o'clock, having breakfast,
driving to work, working through to 8 o'clock, having dinner,
going to bed, then so be it.
JOSIE TAYLOR: A week after she was
charged, a detective gave evidence before a Supreme Court judge
that Zarah Garde-Wilson was dangerously close to her underworld
clients to the point of having a sexual relationship with alleged
crime boss Tony Mokbel. Is there any truth to those allegations?
ZARAH GARDE-WILSON: It's a
malicious witch hunt, that's all it is.
JOSIE TAYLOR: Are you friends with
your clients?
ZARAH GARDE-WILSON: It's hard not
to be friends with your clients.
JOSIE TAYLOR: How do you represent
them and be their friend?
ZARAH GARDE-WILSON: I don't see why
it causes an issue. For example, if I were married there would be
no prohibition on me representing my husband. I can't see what the
limitation is. You are prohibited from representing a friend; it
doesn't make sense.
JOSIE TAYLOR: Would you consider,
say Tony Mokbel your friend?
ZARAH GARDE-WILSON: I consider him
a friend.
JOSIE TAYLOR: Roberta Williams,
Carl Williams.
ZARAH GARDE-WILSON: I'd consider
them friends. I'd consider most of my clients friends.
JOSIE TAYLOR: Regardless of what
they are accused of or what you heard. As you say, phone taps,
some unpleasant conversations.
ZARAH GARDE-WILSON: Every
individual is different. People make mistakes. I judge people on
their individual character.
JOSIE TAYLOR: This week Justice
David Harper convicted the solicitor of contempt of court but
decided against gaoling her. He was critical of the prosecution
for originally giving Garde-Wilson the impression she would not be
called to give evidence and later cancelling a meeting to discuss
what that evidence would be. He said a solution could have been
reached that avoided her being in contempt of court. The Director
of Public Prosecutions declined Stateline's request for an
interview but it's understood an appeal against the judge's
decision has been considered. The Law Institute is still deciding
whether it will suspend Zarah Garde-Wilson's practicing
certificate. How much does it mean, this practice to you?
ZARAH GARDE-WILSON: I work 24 -7.
It's - anyone who knows me know I live and breathe my work. You
get no greater satisfaction in life than being able to help others
in ways that they can't help themselves.
JOSIE TAYLOR: What about those who
are I suppose your enemies, your critics, who have said you step
over that line between personal and professional? What would you
say to that?
ZARAH GARDE-WILSON: I strongly
disagree. I've never crossed the line to unethical behaviour and
never would.
JOSIE TAYLOR: What about - I mean,
the critics who say that you've joined an underworld tribe, that
you've joined allegiances with some of Melbourne's underworld?
ZARAH GARDE-WILSON: Those critics
would be Victoria Police and I really don't think you can take
their opinions as objective.
JOSIE TAYLOR: The solicitor says
much of the criticism levelled at her and her clients is a result
of the police fight to solve gangland crime turning intensely
personal.
ZARAH GARDE-WILSON: I'm appalled by
the conduct of Victoria Police in relation to the gangland
matters. There's many levels of corruption. There's corruption on
its face, where you are alleging that police officers are
themselves committing criminal activities, and I believe the worst
sort of corruption is the manipulation of evidence and I believe
that is prolific.
JOSIE TAYLOR: In a pre-sentence
hearing, Zarah Garde-Wilson was described as a psychologist as
being in a fragile mental state, still grieving for her murdered
partner. Have you copped everything that the world can throw at
Zarah Garde-Wilson?
ZARAH GARDE-WILSON: I'm sure
there's plenty more to come. If history is anything to go by,
plenty more to come.
On
December 19, 2006, the Age reported that Garde-Wilson had walked silently from the Court of Appeal
after a prosecution challenge failed against a penalty imposed on her for
contempt of court.
Three appeal court judges found that the Victorian director of public
prosecutions had no right of appeal against an earlier decision made by a judge
who found her guilty of contempt.
They said the appeal against Ms Garde-Wilson was legally incompetent.
The DPP argued that Justice David Harper's sentence was manifestly inadequate and
that he had erred in law.
But the Court of Appeal President, Justice Chris Maxwell, and Justices David
Ashley and Bernard Bongiorno said the prosecution did not have a general appeal
right regarding sentences imposed when a person was convicted of contempt.
They said such appeals should be limited to cases where the law specifically
said the right existed.
Outside court, the Legal Services Board said in a statement that it has
refused an application by Ms Garde-Wilson to renew her certificate to practise
as a solicitor.
It said she could apply to have the decision reviewed.
Under the law, she
could continue practising until her appeal rights had been exhausted.
On January 20, 2007, Herald Sun journalist, Keith
Moor revealed that Tony Mokbel's girlfriend
Danielle McGuire secretly bugged his car because she suspected he was having an
affair.
Conversations she heard led to Ms McGuire
confronting Zarah Garde-Wilson and
accusing her of sleeping with Mokbel.
The windows in Ms McGuire's luxury Toyota Lexus
were smashed soon afterwards.
Ms McGuire forgave her philandering lover
and was living with him until he fled Australia in March 2006.
Australian Federal Police agent Jarrod Ragg
accused Ms Garde-Wilson of tipping
off Tony Mokbel that he was about to be charged with
murder before he left the country.
He claimed in a statement to the Supreme Court
that all the evidence pointed to Mokbel having
voluntarily absconded while on bail and that he may have done so because he
feared being charged over some of Melbourne's underworld killings.
"Mokbel has
been named by a Victoria Police informant as having paid for a contract murder
and provided the firearms to commit the murder," Ragg's statement
to the Supreme Court alleged.
"A statement had been provided to this
effect and is suspected to have been made available to Mokbel
by his former solicitor and current girlfriend, Zarah Garde-Wilson."
Supreme Court judge Bill Gillard said Mokbel
was believed to have become aware of the contents of the Victoria Police
statement on March 14, 2006 -- five days before he disappeared.
"Australian
Federal Police were told on Friday, March 17, 2006, that Victorian police
proposed to arrest Mokbel and charge him with being involved in the
murder," Justice Gillard said.
Ms Garde-Wilson confirmed to police that she
lunched with Mokbel two weeks before he
disappeared, but said she had no idea where he was and has denied giving Mokbel
details of the informer's claims.
She also denied being in a sexual
relationship with Mokbel.
On February 1, 2007, the Herald Sun reported
that
a
High Court challenge had been lodged against the ruling that allowed Garde-Wilson
to escape jail.
Director of Public Prosecutions, Paul Coghlan, QC,
would contest a Court of Appeal ruling that he has no power to appeal against
contempt of court sentences.
The DPP asked the High Court to hear an
appeal on whether he has a power of appeal in contempt of court cases.
A DPP spokesman said Ms Garde-Wilson's sentence
would not be an issue with the High Court.
"The question is whether the Director of
Public Prosecutions has a general right of appeal, shared by everybody else . .
. in general proceedings," he said.
"Strictly, this was not a criminal
proceeding. It was an ordinary Supreme Court proceeding."
The leave to appeal application is unlikely to be
heard for several months.
It is believed that if the DPP wins in the High
Court, the question of Ms Garde-Wilson's sentence would be reheard by the Court
of Appeal.
On March 5, 2007, Zarah Garde-Wilson
appeared in the Melbourne Magistrates Court to defend a charge of possessing an
unregistered pistol and four charges of lying at a hearing before the Australian
Crime Commission in June 2004.
Ms Garde-Wilson contested the five charges.
Her case centred on the evidence of
a registered informer, code-named 166.
166 offered to infiltrate warring
gangland factions for the ACC in return for a deal on his own
criminal charges over gun trafficking.
With 166's
help, former lawyer and Carlton Crew member Mario
Condello and former solicitor George
Defteros, Garde-Wilson's
employer, were charged with conspiracy to murder drug dealer and faction leader Carl
Williams, his father George and another
man.
The charges against Mr
Defteros were later withdrawn and Condello's
did not proceed after he was murdered in February 2006. Mr
Defteros has always maintained his innocence.
166 alleged he passed a gun, a .25
Mauser pistol which he said was given to him by George
Defteros in April 2004, to Ms Garde-Wilson's
boyfriend Lewis Caine.
166,
who confirmed he smuggled guns from interstate, gave a submachine-gun to a
friend of Carl Williams and could supply weapons
to the underworld, told defence barrister, Stephen Shirrefs SC, that Caine
may have asked if 166
could get him a gun.
166 said Caine
wanted him to do a series of armed robberies but he declined.
Caine
was executed a month later in Melbourne's
gangland war.
Police claimed Ms
Garde-Wilson was involved in a sexual relationship with Tony
Mokbel after Caine's death and
had lived in Carl Williams' wife
Roberta's home and driven her car.
A senior case manager with the ACC, who was 166's
"handler", said the informer was fitted with a recording device and
asked to recover the firearm from Garde-Wilson after he learned she had it.
Questioned by Mr Shirrefs,
SC, 166 said the manager assured him that Garde-Wilson would not be charged as
part of the "terms and conditions" of retrieving the gun.
Giving evidence via video link, 166
said he agreed to meet her to collect the gun only on the
understanding she would not be charged over it.
The court heard that Ms Garde-Wilson
returned the weapon to 166 on June 4, 2004 after the informer
asked for it back.
166 claimed he was blackmailed by police from
Purana, and when asked if his handler allowed him to carry a weapon to meetings
that he recorded he said: "They would have done anything at the time for me
to do what I was doing.
"They were very dangerous times."
Zarah was charged in May 2005 after
being questioned for more than two hours by Purana detectives.
On March 6, 2007, Garde-Wilson was sent to
trial.
Ms Garde-Wilson, 29, pleaded not guilty to a
charge of possessing an unregistered pistol and to four counts
of giving false evidence to the Australian Crime Commission (ACC).
Melbourne Magistrates' Court heard a police
informer known only as 166 gave Caine the gun to
look after and in early 2004 Ms Garde-Wilson mentioned that she still had it
after Caine's murder.
166 said he had earlier given the .25 Mauser
pistol to Caine for safe keeping.
Witness 166 told the court he was concerned about
Garde-Wilson's safety following the murder of her boyfriend and offered her a
gun.
"She was in a lot of danger at the time,
unbeknown to her," he said.
He said he repeatedly tried to offer her weapons
for protection but she declined.
In a statement he made to police tendered to the
court 166 said that "Zarah told me she still has the 25mm Mauser pistol
that I had given to Lewis. That was the first time I heard this gun was still
around...she asked if she could hang onto it for a while."
The court heard Ms Garde-Wilson later told him
she didn't want it anymore and they arranged for her to return it.
The gun was handed back to 166
outside a city
hotel in June 2004 shortly after Caine's death.
The court previously heard witness 166, who had a
passion for guns, was a long-time gun runner who became an informer after he was
apprehended by police in Adelaide in possession of a cache of weapons.
Garde-Wilson told the court that she had
consulted a mystic who she claimed gave her details on the car in which her
lover was murdered.
Asked in court about her claims she allegedly
replied, "As I said, I speak to the spirits."
She had told the ACC hearing that "the
spirits" told her her boyfriend had been murdered in a car belonging to his
killer's girlfriend, according to documents tendered at today's hearing.
At the ACC hearing she also denied giving a
handgun to 166, saying her boyfriend did not have a firearm, nor was there was a
gun in the home they shared together before his death.
A detective also gave evidence that she should
move interstate.
Martin Robinson told the court that he broke the
news of Caine's death to Ms Garde-Wilson and that he spoke to her at a Chinese
restaurant and suggested she "pack up and move to another state" so
that she could get away from her undesirable associates.
Magistrate Duncan Reynolds found there was enough
evidence to send her for trial.
Ms Garde-Wilson was granted bail but was told to
hand in her passport.
She is due to face the County Court in May.
But for all the gossip and innuendo, several police and lawyers who spoke
to The Age admire Garde-Wilson's strength and determination to fight
the good fight for her clients.
As she said outside court recently, "It'll take a bullet in the
brain to stop me."
On April 11, 2007, Zarah Garde-Wilson's legal bid to keep her certificate to practice law
returned to court.
She took her fight against the Legal Services Board's
decision to decline to renew her practising certificate to both the Supreme
Court and the Victorian Civil and Administrative Tribunal.
Ms Garde-Wilson claimed she was denied natural justice
and the Board acted on irrelevant considerations when ruling that she should
not be allowed to continue working as a lawyer.
The Law Institute of Victoria usually handles practising
certificates, but the Legal Services Board has the power to take over the
decision.
Her barrister Gerard Nash told the Supreme Court his
client had been treated unjustly by the process that saw the decision made by
the Board when the LIV was already investigating.
But lawyers acting for the Board argued the Supreme
Court arm of the case should be put on hold until VCAT hears her appeal.
Supreme Court Master Melissa Daly adjourned the case for
preliminary legal issues to be argued at a later court hearing.
In the meantime Ms Garde-Wilson is able to keep
representing clients.
The Herald Sun also reported that it had been told a
statement, which was the first to identify Mokbel as a suspect for gangland
killings, was served on Garde-Wilson on March 14, 2006 -- six days before
Mokbel vanished.
Police believe Mokbel found out that an
informer had made a statement saying Mokbel ordered and paid for the shooting
of hotdog vendor Michael
Marshall in South Yarra in 2003.
Ms Garde-Wilson at one time acted for the
informer, who was the gunman in the Marshall murder.
But Ms Garde-Wilson said she had ceased acting
for Mokbel well before he disappeared.
Mokbel was represented at his drug trial by a
Legal Aid lawyer.
On April 12, 2007, police claimed in
court that not only was Ms Garde-Wilson responsible for passing on the
informer's allegations to Mokbel, but that she was also having a relationship
with him.
Garde-Wilson spoke to the Herald Sun after a rumour
swept Melbourne an unnamed high profile lawyer was about to be charged over
Mokbel's disappearance.
Police said the rumour was false.
Ms Garde-Wilson said detectives interviewed her in the
initial stages of their inquiry and she had denied any knowledge.
"I have denied it and I continue to deny it,"
she said.
"I had no involvement with him at that time."
She also denied she was Mokbel's one-time lover.
Garde-Wilson said allegations she warned Mokbel of an
impending murder charge before his disappearance were nonsense.
Asked if she had anything to do with Mokbel fleeing, she
replied: "Absolutely nothing to do with it."
Garde-Wilson pointed the finger at corrupt police for
tipping off Mokbel.
"How would a lawyer know your client is going to
get charged? There's informer statements absolutely everywhere naming half of
Victoria as being involved in something.
"It doesn't mean they are going to act upon those
assertions.
"The only people what would know that would be
Victoria Police."
"So if they're making that claim they are saying
that someone in their squad's tipped him off – Victoria Police or
prosecution," Ms Garde-Wilson said. "No one knows whether someone is
going to get charged.
Garde-Wilson said she could not have known
Mokbel was implicated in a murder by underworld informers. "How could I
know that. Unless they (police) told me. Which they didn't, for the
record."
Police reacted angrily to Garde-Wilson's
perceived suggestion that they were the source of the leak that triggered
Mokbel's flight.
"You would have to seriously question the
credibility of this woman," a Victoria Police spokeswoman said.
Purana taskforce detectives, who spent three
years probing Melbourne's underworld war, branded the idea that they had
tipped off Mokbel as ridiculous.
"It'd be interesting to put her in the
witness stand and ask her if she'd ever seen it," one police source said.
Justice Betty King had ordered that the
statements by the informer, who was the gunman in three underworld murders, be
handed over to the solicitors for crime figure Carl
Williams in preparation for his double murder trial.
Ms Garde-Wilson was Williams' lawyer.
She announced she would be withdrawing from his
case because of a possible conflict of interest on March 30, almost two weeks
after Mokbel fled.
But she told the Herald Sun she was not
Williams' lawyer when the informer's statements were released.
"I wasn't acting for Williams or Mokbel at
the time. I wasn't in possession of these statements," she said.
Ms Garde-Wilson, who was not the only lawyer
who had access to the informer statements, suggested that either police or
Williams himself may have passed incriminating information on to Mokbel. On
April 24, 2007, Garde-Wilson
escaped an increased penalty for her contempt of court conviction.
Victorian prosecuting authorities failed in
a High Court bid that could have increased her punishment.
The Court of Appeal refused the application,
stating that the relevant law did not let the DPP appeal against penalty in
contempt cases.
Appeal Court judge Justice Bernard Bongiorno said
the Crimes Act contained a power for the DPP to appeal against a sentence
imposed after conviction on an indictable offence.
But no power existed in contempt of court cases
where the DPP was acting on behalf of the Crown and a summary conviction had
been recorded.
Justices Michael Kirby and Susan Crennan
refused the DPP special leave to appeal against the state court's refusal.
They said the Court of Appeal applied
well-established principles in its decision.
"We are not concerned that the application
displayed error or that there would be reasonable prospects of success (of a
High Court appeal)," Justice Kirby said.
"In fact, we find that Justice
Bongiorno was right in his analysis."
Earlier, Graeme Uren, QC, for the DPP, made
submissions that the Court of Appeal had inappropriately equated the principle
of double jeopardy - which applied to appeals after acquittal - with prosecution
rights under the law to appeal against sentence.
Mr Uren said dismissal of today's application
would mean the DPP needed to ask the High Court in the future for special leave
if it wanted to appeal against a contempt penalty.
A demure Ms Garde-Wilson hugged her lawyers after
the ruling.
Outside court, Ms Garde-Wilson
smiled after the decision. She made no comment as she left the court
building.
With her hair tied back, Garde-Wilson was dressed
more conservatively for the hearing in a black skirt, black neck-high blouse and
dark jacket.
The lawyer's modest appearance was in a stark
contrast to earlier cases where she has swirled into court with cleavage exposed
and wearing figure-hugging short skirts, flimsy tops and lacy bras.
On
May 12, 2007,
Justice Kevin Bell reserved his decision on Garde-Wilson's battle to keep practising law.
Ms Garde-Wilson was fighting a Legal Services Board ruling made the previous December
that she is not a fit and proper person to hold a licence to practise law.
Her challenge was played out in the Supreme Court, with her lawyer arguing the board did not have the legal power to reject her application for re-licensing.
Gerard Nash, QC, counsel for Ms Garde-Wilson, told the court that the board's 60-day time period had expired by the time it made its determination.
Mr Nash said Ms Garde-Wilson had applied to renew her practising certificate last May.
"It was not dealt with by July. The right to determine it ceased," Mr Nash said.
Justice Bell reserved his decision.
On June 26, 2007, Garde-Wilson lost her
latest legal battle in a bid to keep practising law in Victoria.
She had alleged the board took into account
irrelevant matters, denied her natural justice and treated her unfairly last
December when refusing to renew.
But Justice Kevin Bell refused her application
for judicial review of the decision.
He said in the Supreme Court that Ms Garde-Wilson
had an adequate alternative remedy in a separate case she had launched in the
Victorian Civil and Administrative Tribunal.
Justice Bell also ruled that the board had
power to make its decision despite acting after the expiry of what Ms Garde-Wilson
argued was a mandatory 60-day period.
She made told reporters that the decision would
be appealed as she left court.
In
late
July 2007, Garde-Wilson was the subject of a sexy series
of photographs for GQ magazine.
The Daily Telegraph
wrote that the reasoning behind her decision to pose
for GQ Australia was to 'avoid negative newspaper
coverage'.
There's certainly
nothing negative about the samples here.
You should probably go
out and buy a copy.

On August 6, 2007,
the Age reported that
Garde-Wilson had won another victory in her fight to
keep her licence to practise law.
A tribunal
dismissed an application by the Legal Services Board
to access a police file and a privileged document
containing allegations made by criminals against the
controversial lawyer.
The Victorian Civil and
Administrative Tribunal also ordered the board to pay
Ms Garde-Wilson's costs for her Queen's Counsel.
She can run her law
firm pending her appeal.
On
August 10, 2007, Garde-Wilson represented a teenager who
groped a breastfeeding mum at a shopping centre.
He was sentenced to community service.
Mohamed Chkhaidem
pleaded guilty at Broadmeadows Magistrates' Court to
indecently assaulting the woman as she nursed her
week-old baby.
The court heard he was
traumatised over his girlfriend's abortion when he
fondled the woman in a parents' room at Broadmeadows
shopping centre on April 30.
Prosecutor Sgt Kevin
Ellis said Chkhaidem "invaded an intimate moment
between mother and child".
Magistrate Robert Kumar
imposed an 18-month community-based order, including
200 hours of unpaid community work.
Chkhaidem, 18, of
Broadmeadows, will not be added to the sex offenders'
register.
But he will continue
psychological treatment, and join sex offenders'
programs.
Garde-Wilson said Chkhaidem had been ridiculed in
custody because of media attention to the case.
She said he had served
three weeks' pre-sentence detention, and had
apologised to police when he surrendered himself on
May 3.
Ms Garde-Wilson
recommended a community-based order so Chkhaidem could
continue counselling and a new job as a car detailer.
"He was suffering
a dramatic episode as a result of his partner's
abortion several months earlier, which led to his
conduct," Ms Garde-Wilson said.
Sgt Ellis said
Chkhaidem told police he had frequented parents' rooms
for more than six months.
Chkhaidem said it made
him feel better to watch women breastfeed.
Sgt Ellis said
Chkhaidem drew back a privacy curtain and started a
conversation with the mum.
He told her his wife
had given birth, and touched her on the left breast
and nipple before fleeing.
"She was fearful,
and felt she contributed to the incident," Sgt
Ellis said.
He said security
footage showed Chkhaidem loitering in the corridor
before the attack on the mum.
Character references
from his former employer at a car wash, his girlfriend
and his psychologist were tendered to the court.
On
March 19, 2008, Garde-Wilson won a partial victory in her fight to have her practising certificate reinstated when the Victorian Court of Appeal granted her leave to re-apply to have the decision reviewed in the Supreme Court.
In June 2007, Justice Kevin Bell refused her application for a judicial review of a Victorian Legal Services Board decision not to renew her practising certificate for the financial year 2006-07.
He said she had an adequate alternative remedy in a separate case she had launched in the Victorian Civil and Administrative tribunal.
But in a unanimous decision, the Court of Appeal rejected Justice Bell's decision and granted Garde-Wilson, whose former clients include gangland figures Carl Williams and Tony Mokbel, leave to seek a judicial review.
Justices Peter Buchanan, Geoffrey Nettle and Julie Dodds-Streeton concluded that Garde-Wilson was justified in seeking a judicial review of the decision as well as taking action at VCAT because the loss of her certificate would have a significant impact on her ability to earn a living.
"While the public interest in determining a case promptly without delay or duplication may on occasion warrant the denial. . . a decision depriving a solicitor of her livelihood without giving her a fair hearing should not be allowed to stand," Justice Buchanan said in the judgement.
But the court agreed with Justice Bell on two other matters, ruling that the Victorian Legal Services Board did have the power to refuse a certificate after the period for review of applications had expired, and that the board retained the power to review a certificate despite delegating that power to the Law Institute in most instances.
But Justice Dodds-Streeton said Garde-Wilson had distorted the language of the Legal Profession Act 2004, and reiterated the ability to the board to refuse a certificate outside the review period.
"The appellant's construction (of the act) is based on a gross distortion of the language and grammatical structure of the subsection," she said.
Garde-Wilson will now have the opportunity to have the board's decision reviewed by the Supreme Court, as well as at VCAT.
She is still able to practise while the appeals are being heard.
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