A sad day for criminal law in Victoria, but a sign of the times?

Reading about the barrister in Victoria that was both acting for the criminal defence and as a confidential informant for police, is appalling, but is it also a sign of the times?

Case: AB (a pseudonym) v CD (a pseudonym) [2018] HCA 58

With the:

1. introduction of the Non-compliance with Laws and Regulations (“NOCLAR”) in January 2018 by the various accounting standards and bodies – NOCLAR requires accountants to dob in their clients in prescribed circumstances;

2. Government proposals to extend strict anti-money laundering protocols to law firms and real estate agents;

3. Australian Taxation Office‘s and ASIC‘s recent social media messages directing tax and insolvency accountants to dob on other professionals that they think are breaking the law; and

4. many more…

I therefore must ask, is an alleged criminal (in this day and age) still entitled to professional representation?

Glad to see the High Court took such a firm approach against the Victorian Police and the DPP [para 10]:

Victoria Police were guilty of reprehensible conduct in knowingly encouraging EF … and were involved in sanctioning atrocious breaches of the sworn duty of every police officer to discharge all duties imposed on them faithfully and according to law without favour or affection, malice or ill-will.

As a result, the prosecution of each Convicted Person was corrupted in a manner which debased fundamental premises of the criminal justice system.”

The public interest in preserving EF’s anonymity must be subordinated to the integrity of the criminal justice system.”



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