- Marcus Einfield woes
- By James Madden
- The Australian
- 22/02/2007 Make a Comment
- Contributed by: admin ( 59 articles in 2007 )
MARCUS Einfeld could soon be charged with serious criminal offences - including perjury - after further details emerged about the speeding-ticket scandal that has engulfed the former judge.
Mr Einfeld last night failed in a court bid to have details of fresh allegations against him suppressed, with NSW Supreme Court judge Megan Latham noting that a basis for the application was that his prosecution could be "imminent".
It was revealed yesterday that Vivian Schenker, one-time media adviser to former Labor leader Mark Latham, had given an "induced" statement to police, in which she claimed that she was in the passenger seat and Mr Einfeld was behind the wheel when his car was caught speeding in the exclusive Sydney suburb of Mosman in January last year.
Mr Einfeld has repeatedly denied that he was driving his silver Lexus at the time. Initially, he told a court that he had lent his car to a visiting American academic, Professor Teresa Brennan, and she had incurred the $77 fine.
The speeding charge was dismissed as Mr Einfeld said Ms Brennan had since died and was unable to provide further details about the incident. But it was later revealed that Ms Brennan had died three years earlier in a Florida hit-and-run.
Yesterday, Mr Einfeld launched proceedings in the NSW Supreme Court in a bid to extend an injunction stopping the media from publishing the latest allegations in the saga.
It was argued that the airing of Ms Schenker's claims could be sub judice, as Mr Einfeld could soon be charged with criminal offences arising from the scandal.
But judge Megan Latham ruled against his application, disagreeing with Mr Einfeld's barrister, Richard McHugh SC, who said that the claims should not be published "on the basis of the criminal prosecution of the plaintiff is imminent".
Justice Latham also said that the publication of the latest allegations "did not interfere in the administration of justice".
The Department of Public Prosecutions was "an independent authority capable of determining its own procedures ... without regard to media or political pressure," she said.
At the urgings of Mr McHugh, Justice Latham did emphasise to the media present that Mr Einfeld "has not yet been charged".
Both Mr Einfeld and Ms Schenker initially made a desperate court bid on Tuesday night for a suppression order to be imposed on the details of the allegations.
Despite the pair being granted an interim injunction, some editions of Sydney's The Daily Telegraph had already gone to print with the allegations.
While Mr Einfeld yesterday sought to have the injunction extended, Ms Schenker withdrew from the proceedings before they were heard. Mr Einfeld and Ms Schenker did not return The Australian's calls yesterday.
Mr Einfeld last night failed in a court bid to have details of fresh allegations against him suppressed, with NSW Supreme Court judge Megan Latham noting that a basis for the application was that his prosecution could be "imminent".
It was revealed yesterday that Vivian Schenker, one-time media adviser to former Labor leader Mark Latham, had given an "induced" statement to police, in which she claimed that she was in the passenger seat and Mr Einfeld was behind the wheel when his car was caught speeding in the exclusive Sydney suburb of Mosman in January last year.
Mr Einfeld has repeatedly denied that he was driving his silver Lexus at the time. Initially, he told a court that he had lent his car to a visiting American academic, Professor Teresa Brennan, and she had incurred the $77 fine.
The speeding charge was dismissed as Mr Einfeld said Ms Brennan had since died and was unable to provide further details about the incident. But it was later revealed that Ms Brennan had died three years earlier in a Florida hit-and-run.
Yesterday, Mr Einfeld launched proceedings in the NSW Supreme Court in a bid to extend an injunction stopping the media from publishing the latest allegations in the saga.
It was argued that the airing of Ms Schenker's claims could be sub judice, as Mr Einfeld could soon be charged with criminal offences arising from the scandal.
But judge Megan Latham ruled against his application, disagreeing with Mr Einfeld's barrister, Richard McHugh SC, who said that the claims should not be published "on the basis of the criminal prosecution of the plaintiff is imminent".
Justice Latham also said that the publication of the latest allegations "did not interfere in the administration of justice".
The Department of Public Prosecutions was "an independent authority capable of determining its own procedures ... without regard to media or political pressure," she said.
At the urgings of Mr McHugh, Justice Latham did emphasise to the media present that Mr Einfeld "has not yet been charged".
Both Mr Einfeld and Ms Schenker initially made a desperate court bid on Tuesday night for a suppression order to be imposed on the details of the allegations.
Despite the pair being granted an interim injunction, some editions of Sydney's The Daily Telegraph had already gone to print with the allegations.
While Mr Einfeld yesterday sought to have the injunction extended, Ms Schenker withdrew from the proceedings before they were heard. Mr Einfeld and Ms Schenker did not return The Australian's calls yesterday.
1Will not be visible to public.
2Receive notification of other comments posted for this article. To cease notification after having posted click here.
3To make a link clickable in the comments box enclose in link tags - ie.<link>Link</link>.
4To show an image enclose the image URL in tags - ie.<image>https://fredspage.com/box.jpg</image>. Note: image may be resized if too large
To further have your say, head to our forum Click Here
To contribute a news article Click Here
To view or contribute a Quote Click Here