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Former Judge Einfeld gets at least 2 years in prison March 20, 2009

Posted by pacejmiller in Social/Political Commentary.
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It all ends in tears.  Einfeld gets 3 years (2 years non-parole)

A $77 fine ends in tears. Einfeld gets 3 years (2 years non-parole)

Just a follow-up from my post on 26 February about the spectacular fall from grace of former Federal Court of Australia judge Marcus Einfeld.  Today, Justice James of the New South Wales Supreme Court sentenced the 70 year-old Einfeld to 3 years jail with a 2-year non-parole period for perjury and perverting the course of justice.

In my previous post, I weighed up the for-and-against in sending a former judge (with a long history of decorated public service and contributions to society) to prison for making up an elaborate lie to prevent incurring a measly $77 traffic fine and a few demerit points (which would have left him with one point).  One lie led to another until it got totally out of hand and things unravelled quickly when journalists discovered the truth.  I never came to a final conclusion about whether Einfeld should be given a custodial sentence.  However, I think the actual outcome today was fair.  Certainly, there can be no complaints.

In handing down the sentence, Justice James regarded Einfeld’s conduct as “planned criminal activity” and said that the offence struck “at the heart of the administration of justice”.  In paricular: “Any lawyer, and especially a lawyer who has been a barrister and a judge, who commits such an offence is to be sentenced on the basis that he would have been fully aware of the gravity of his conduct”.

Upon hearing the sentence, Einfeld covered his face with his hands and his family and supporters broke into tears. 

Einfeld’s final words before being escorted from the dock: “Oh, the bag is packed.”


1. Alexander Field - March 21, 2009

Wow what a crazy story! And while I agree with you that this verdict sounds fair, it’s also quite tragic isn’t it? Why forfeit an honorable career and reputation just to skirt a $77 fine? Interesting…thanks for posting!

pacejmiller - March 21, 2009

Yeah, it was tragic. The thing is, lots of people shift their traffic fines and points to others without consequence, but in this case, journalists looked into it and discovered that the person he had blamed it on had been dead for 3 years. Instead of owning up to it, he tried to cover one lie with another until it spiralled out of control. He had done a lot of good over many years but now it’s all gone.

2. Matthew Ho - March 21, 2009

its an overreaction, designed to make an example. plain and simple.

pacejmiller - March 21, 2009

Make an example of what? People who commit perjury or judges who commit perjury? Do you think being a judge earned him a tougher sentence or a more lenient one?

3. Frank Nejad - March 22, 2009

Einfeld in the 4 corners programme admits to lying, that’s nothing new. I have known him to be lying since 1999. I have been telling the government authorities as well as the mainstream media for almost 10 years but it has fallen on deaf ears. I have asked my member of parliament to write on my behalf to the Attorney general and he would hopefully reconsider my case fraudulently judged by Einfeld. Amen

Frank Nejad
Victim of Einfeld and Rodney Adler Saga

pacejmiller - March 22, 2009

Wow, thanks for your comment on this! I will definitely check out the cases. However, what do you mean when you say your case was fraudulently judged? Did Einfeld have ulterior motives which led to the decision in your case?

4. Frank Nejad - March 23, 2009

Thank you very much for your reply, and re your question, Yes he did have an ulterior motive, as you may know, Einfeld and Rodney Adler have been and still are good mates, when I was litigating with Rodney Adler re a seperate matter at the same time I blew up the whislte on a $330.000,000 fraud at the hands of Arther Andersen the Auditors of FAI insurance, Einfeld thought it was a good opportunity to banckrupt me in order to prevent me advancing further with my case at the Federal Court of Australia.
I have a can of worms that wish to be opened by an inteligent investigative journalist, I’m sure he will get life sentence for what he did to me and my family.

Best regards

pacejmiller - March 23, 2009

Thanks for your comments and I wish you the best in your endeavours. However, I would just like to reiterate that comments of guests on this blog are not screened, and that the views expressed are in no way associated with the blog owner!

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