A very powerful judge having ties to the government of Australia has been pulled into a scandal. After being convicted and thereafter acquitted of misusing the power of his office to assist his “small mate” who is an attorney having a clientele of organized crimes.
Hidden tapes of the phone calls and parliament launches made by the judge were released which prompted an investigation to ascertain if he can be removed from office or dies afterward.
This is not a recent Netflix blockbuster. Instead, it’s an Australian fact that occurred in 1980.
A classified report from the inquiry into the high court justice’s conduct and the previous labor attorney-general Lionel Murphy will become available by Thursday.
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About the man
Lionel Murphy, a well-known Labor personality available at the time of one of the extremely violent periods in the politics of Australia.
During the tenure as the Whitlam government’s attorney-general, his reputation is being dwindled to either be a legislative visionary or a careless firebrand.
As the chief legislative officer of the country, he started the procedure of eradicating the death penalty, develop a domestic court, and file a lawsuit against the French government at the International Court of Justice concerning nuclear trials in the Pacific.
However, this legacy was smeared due to his judgment to raid ASIO’s head office in Melbourne, due to the misinformation that officers declining to display the information concerning terrorists in Croatia.
He was a congressperson in the New South Wales government between 1961 and 1975 prior to opting for becoming a member of the High Court.
Murphy had a connection among the top and high ranking individuals during this period. He has a relationship with Neville Wran, the previous NSW premier and has been seen playing poker with a renowned bookmaker, Bill Waterhouse.
Accusations of Influence.
Murphy allegedly placed a phone call to a top magistrate in New South Wales, Clarence Briese around the late part of January 1982.
The call was brief and friendly inquiring about the case that involved his “small mate”, Morgan Ryan,Sydney solicitor if he would be standing trial for the charges of conspiracy.
Ryan was among the exciting personalities in the Sydney’s legal association.
He has several notorious clients such as the crime lord of Kings, Abe Saffron.
However, this was an allegation as he had previously attempted to obtain a Residency permit several Koreans with a counterfeit document which resulted in the charges that he faced.
Magistrate Breese indicated that Murphy was attempting to put pressure on him so that he can get involved which was denied by the judge.
He has had some allegations in the past where he also attempted to pressure a judge a New South Wales.
This event caught the interest of the federal parliament and committee in the Senate was created to look into the situation if Murphy must be eliminated as a result of bad behavior which is the only method of removing an existing judge.
Conviction and Dismissal
This public allegations and investigation have become worrisome since it is tampering with Murphy’s reputation.
The Commonwealth Director of Public Prosecutions suggested that he should be brought to justice to set things straight as he believed it would be successful.
However, the opposite was the case because, in July 1985, Murphy was sentenced of being guilty of the Briese charges.
The case was reversed by Court of Appealof the New South Wales five months later and demanded a retrial.
He had been acquitted as at April 1986 when he became victorious against the courthouse’s steps. Tom Hughes, MalcottTimbull’s father-in-law was his attorney.
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The investigation by Parliament.
After his name has been cleared by the court a few days later, fresh accusations brought Murphy back into the headlines that he had attempted to bribe to police officer years before.
Irrespective of this, he was adamant on going back to his High Court position.
His mates in the judiciary were displeased about this and Sir Henry Gibbs, the Chief Justice at the time informed him to resign.
The Federal Government realized there is not much of a choice but to form a parliament that would make inquiries put three judges in charge to review the situation with Murphy.
The ability of the commission was very much restricted.
These accusations must be reviewed by the commission and Murphy would not be compelled into providing and the Federal Police could not be used to discover the accusations.
Every discovery made indicating that Murphy behaved wrongly must be backed up with proof and matters that had already been reviewed after two trials should be investigated again.
The 3 judges finalized 14 allegations, which was sent to Murphy’s attorneys. However, before it can be dealt with, it was indicated that the judge was suffering from stubborn cancer of the bowel.
The commission continued but was later ordered by the parliament to stop.
The document was then locked and Murphy died a few months afterward.
The Locked Section
An unanswered question was the explosive nature of the locked documents.
Few classified documents regarded as Class B were published the previous year.
They highlighted the correspondence between the commission and the judges as well as the Labor administration of the period.
It revealed the contention between the parliament and the commission concerning the limitations to the investigation and revealed that Murphy and his attorney knew about the accusations they were facing.
It also comprises of the contention that makes up the wrong behavior valid enough to unseat an existing judge.
One of the heads of the commission, Andrew Walls QC, wrote that the constitution was developed to be applicable to all humans and it would be outrageous to request a judge for an extrajudicial behavior can be very strict that it is just a saint without feature would be in agreement.
An upcoming release will feature the “Class A” reports and there is a possibility the reading would be very exciting.
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