SOURCES:

Underbelly brief: lawyer Zarah fights on
By Sarah-Jane Collins
SMH
March 19, 2008

Slap for breastfeed groper
By Emily Power
Herald Sun
August 11, 2007

Zarah Garde-Wilson wins break
Herald Sun
August 7, 2007

Underworld lawyer loses court battle
By Peter Gregory
The
Age
June 26, 2007

Zarah Garde-Wilson fights
By Kate Ubergang
Herald Sun
May 15, 2007

Gangland lawyer escapes further punishment
By Peter Gregory
The Age
April 24, 2004

Gangland lawyer in legal win
Herald Sun
April 24, 2004

Zarah Garde-Wilson dressed for frredom
By Norrie Ross
Herald Sun
April 24, 2007

Mokbel tip-off: who knew what
By Elissa Hunt and Mark Buttler
Herald Sun
April 13, 2007

Tony Mokbel tipoff denied
By Norrie Ross and Elissa Hunt
Herald Sun
April 12, 2007

Gangland lawyer back in court
By Elissa Hunt
Herald Sun
April 11, 2007

Gangland lawyer to stand trial
The Age
March 6, 2007

Seven Nightly News
March 6, 2007

ABC TV News
March 6, 2007

Southern Cross Radio Network
March 6, 2007

Gangland lawyer faces trial
By Elissa Hunt
Herald Sun
March 6, 2007

Lawyer linked to killer's gun
By Elissa Hunt
Herald Sun
March 6, 2007

Lawyer accused of passing pistol to gun runner
By Steve Butcher
The Age
March 6, 2007

Underworld lawyer faces charges
By Rachel Rollo
National Nine News
March 5, 2007

DPP pleads for right to appeal
By Norrie Ross
Herald Sun
February 1, 2007

Mokbel's girl bugged his car
By Keith Moor
Herald Sun
January 20, 2007

'Incompetent' appeal against lawyer
By Peter Gregory
The Age
December 19, 2006

The Zarah Enigma
By Stephen Moynihan
The Age
November 23, 2005

Underworld lawyer found guilty of contempt
By Stephen Moynihan
The Age
November 15, 2005

Zarah Garde-Wilson

So isolated is she privately and so committed is she professionally, that her two worlds have merged in ways most lawyers would find unthinkable.
- The Age

Garde-Wilson is originally from rural NSW but a drop in wool prices saw her family close its 6000-head merino farm near Armidale and move to Queensland, where she completed high school while boarding at Fairholme Ladies College in Toowoomba.

She crossed the country to complete a law degree at the University of Western Australia, then landed a job as an articled clerk with Pryles and Defteros' Perth office before being relocated to Melbourne.

She has acted for many of the city's biggest names including Carl Williams and alleged drug lord Tony Mokbel.

Carl's wife Roberta, his father George, and Sean Sonnet - who was infamously involved in the "trial from hell" when a bag of excrement was thrown at a jury - are also on her books.

She has been known to greet police at her office with a python draped around her neck.

She has employed as a cleaner the sister-in-law of one of the city's most prominent underworld figures, while the mother of a notorious criminal is her part time secretary.

She lived in Roberta Williams' home while Williams was serving time for drug offences.

Her critics say she's inexperienced but more than one police officer has been impressed by the quality and quantity of subpoenas she has issued to build a defence case for a client.

Whether it's through hard work or luck, Garde-Wilson runs one of the city's busiest criminal law firms.

Garde-Wilson came to prominence on the legal scene following the demise in 2004 of the law firm Pryles and Defteros, where she was a solicitor.

She faces a possible jail-term after being found guilty of contempt of court and has been committed to stand trial on several charges including possession of an un-registered firearm and lying to the Australian Crime Commission.

Garde-Wilson was convicted of contempt after refusing to give evidence against two gangland figures later found guilty of murdering her boyfriend, convicted murderer Lewis Caine, (left) in June 2004.

She had met Caine when she represented him on a driving charge.

He'd served 12 years in jail for bashing a man to death outside a Melbourne nightclub and was seen as violent and untrustworthy.

They fell in love and lived together in a city apartment.

She named her law firm Garde-Wilson & Caine after her dead boyfriend.

She also applied to have a child using sperm taken after his death.

In a rare interview in 2005, she told The Age of the deep and spiritual connection she had with Caine.

A psychologist's report presented at the Supreme Court plea hearing revealed Garde-Wilson's "first intimate relationship was with Lewis Caine and her comments showed she remains romantically attached to him even though he's deceased".

She is estranged from her family, lacks close friends and told the court she had been out socially only twice since Caine's murder.

Garde-Wilson had given a police statement in the days following Caine's death. 

At the time, officers from the Purana gangland taskforce realised her life was in danger. They increased foot patrols outside her city apartment building and offered to put her up in a hotel.

The solicitor was accused in court of having joined one of the feuding "tribes" in the gangland war and having an affair with Tony Mokbel.

A detective from the Purana gangland taskforce alleged in court that Garde-Wilson was involved in an "on-again, off-again" sexual relationship with Mokbel, and had been living in a house belonging to him.

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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