Marcus Einfeld
Encyclopedia
Marcus Richard Einfeld is a retired Australia
n justice of the Federal Court of Australia
and the Supreme Courts of New South Wales
, Western Australia
and the Australian Capital Territory
; a former President of the Human Rights and Equal Opportunity Commission; a UNICEF Ambassador for Children; a longtime spokesperson both for and against Israeli and Jewish causes and a convicted perjurer. His public life came to an end in 2009 when he became the first Australian former superior court judge to be imprisoned. He was sentenced to three years in prison for perjury
and for attempting to pervert the course of justice
.
In 1977, Einfeld was appointed a Queen's Counsel
(QC), but his commission was revoked on 26 November 2008. On 23 July 2009 the NSW Court of Appeal found that he was guilty of professional misconduct, was not a fit and proper person to remain on the roll of lawyers and ordered he be removed from it. The NSW Bar Association had applied to have him struck from the roll. Einfeld agreed not to apply for re-admission. His membership of the Order of Australia
was also rescinded on 24 April 2009.
Outside of the law field, Einfeld has been a social activist in Australia and the Pacific region.
politician Syd Einfeld
and his wife Billie. He studied at Sydney Boys High School
from 1951 to 1955, and obtained his BA and LLB from the University of Sydney
.
and of the Supreme Courts of New South Wales
, Western Australia
and the ACT
. He was President of the Human Rights and Equal Opportunity Commission between 1986 and 1990. He retired as a judge in April 2001. He has been named by the National Trust of Australia
as a National Living Treasure
, although this is no longer acknowledged at their website since his conviction.
Einfeld has been a spokesperson for Israeli and Jewish causes and has often confronted Palestinian supporters, the media, the United Nations
, universities and other institutions. He was an invited speaker at United Israel Appeal (UIA) functions in Britain, the United States of America, Europe, Canada and Australia. He is patron of the Australian Association of Jewish Holocaust Survivors and Descendants and of the Sydney Jewish Museum
.
Einfeld has served as Austcare's "Ambassador for Refugees" and as an "Ambassador for Children" for UNICEF.
In 2002, Einfeld was presented a United Nations Association of Australia
Founder's Award for his contribution to justice and human rights.
, Einfeld stated that Western powers, including Australia, had supported terrorist regimes financially, and that new sedition laws showed that Australia was "leaning towards an autocratic framework".
Einfeld was the President of Australian Legal Resources International, a non-profit independent group of lawyers that supported democracy
, human rights
and the rule of law
in developing countries
. In August 2006, this organisation collapsed, leaving creditors, including AusAID, the Australian Taxation Office
, and St.George Bank "thousands of dollars out of pocket."
77 speeding ticket by claiming he had lent his car to an old friend, Professor Teresa Brennan, at the time it was caught by a speed camera. He gave evidence under oath in the Local Court and he also signed a statutory declaration to that effect. However, it was later revealed that Professor Brennan had been killed in a road accident in the United States in February 2003, and that Einfeld was aware of it. This was the basis for Einfeld's conviction for knowingly making a false statement under oath.
When challenged by a journalist concerning the death of Professor Brennan, Einfeld claimed that he had lent his car on that day to a different Teresa Brennan, whom he claimed also lived in the USA, and who had also died. In August 2006, Einfeld produced a detailed 20-page statement describing the fictitious second Teresa Brennan and his supposed dealings with her. This was the basis for his conviction for attempting to pervert the course of justice.
Angela Liati, a woman unknown to Einfeld, came forward and claimed that she had met and driven in Einfeld's car with "Theahresa Brennan" on the day in question. Liati was subsequently charged with perverting the course of justice. She claimed that she was only endeavouring to make contact with Einfeld through her admission. Liati was found guilty on 12 February 2009 and was subsequently sentenced to 200 hours' community service.
In September 2006, Einfeld gave the NSW Police leave to search his Woollahra
home as part of their investigation of his evidence in the speeding case. They removed part of his home computer for forensic examination. On 29 March 2007, Einfeld was arrested by the NSW police. He was charged with 13 offences, including perjury, perverting the course of justice and making and using false statutory declarations. Einfeld's committal hearing was held in December 2007. The prosecution suggested the reason he lied under oath was that, had he lost the demerit points for the speeding offence, he would have been close to losing his licence. However, Einfeld denied he was aware his points were so low. One charge (hindering an investigation) was dropped; Einfeld was committed to stand trial on charges of perjury, perverting the course of justice and traffic offences. In October 2008 the Court of Criminal Appeal dismissed another five of the charges against Einfeld.
On 31 October 2008, Einfeld pleaded guilty to perjury and to perverting the course of justice just before his trial was to commence. It was also revealed that he had been battling prostate cancer
for several months.
Since his speeding fine case came to the attention of the Australian media, Einfeld has been the subject of ongoing media reports alleging various other improprieties, including padding his curriculum vitae,
purchasing doctorates from US diploma mill
s,
and plagiarism.
On 5 November 2008, the President of the New South Wales Bar Association applied to the Court of Appeal to withdraw Einfeld's commission as Queen's Counsel, on the basis that his conduct has brought shame upon the legal profession as well as on himself. On 26 November 2008 Einfeld's commission as a Queen's Counsel was revoked.
On 20 March 2009, Einfeld was sentenced to three years in prison for knowingly making a false statement under oath and for attempting to pervert the course of justice, with a non-parole period of two years. Supreme Court Justice Bruce James found Einfeld had committed "deliberate, premeditated perjury" that was "part of planned criminal activity".
However, Einfeld denies being dishonest, saying: "I don't think I'm the slightest bit dishonest. I just made a mistake."
He served two years and was released on parole on 19 March 2011.
On 28 August 2009 the Court of Appeal delivered its reasons for making those declarations and orders.
The Court found proven allegations that, in addition to the 2006 statutory declaration in respect of which he had been convicted, Einfeld had also sworn a series of statutory declarations in 1999, 2003 and 2004 falsely nominating other persons as the drivers of his car who he knew had not been driving the car so as to avoid traffic infringements.
The Court of Appeal also considered the circumstances in which Einfeld had produced the 20 page statement describing the fictitious Teresa Brennan, with respect to which he had been convicted of attempting to pervert the course of justice, and found that;
The Court of Appeal concluded, on the question of whether Einfeld was a fit and proper person to remain on the roll of lawyers:
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n justice of the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
and the Supreme Courts of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
, Western Australia
Supreme Court of Western Australia
The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia. It has unlimited jurisdiction within the state in civil matters , and hears the most serious criminal matters.The Supreme Court consists of a General Division The Supreme Court of Western...
and the Australian Capital Territory
Supreme Court of the Australian Capital Territory
The Supreme Court of the Australian Capital Territory is the superior court for the ACT. It has unlimited jurisdiction within the territory in civil matters , and hears the most serious criminal matters...
; a former President of the Human Rights and Equal Opportunity Commission; a UNICEF Ambassador for Children; a longtime spokesperson both for and against Israeli and Jewish causes and a convicted perjurer. His public life came to an end in 2009 when he became the first Australian former superior court judge to be imprisoned. He was sentenced to three years in prison for perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
and for attempting to pervert the course of justice
Perverting the course of justice
Perverting the course of justice, in English, Canadian , and Irish law, is a criminal offence in which someone prevents justice from being served on himself or on another party...
.
In 1977, Einfeld was appointed a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(QC), but his commission was revoked on 26 November 2008. On 23 July 2009 the NSW Court of Appeal found that he was guilty of professional misconduct, was not a fit and proper person to remain on the roll of lawyers and ordered he be removed from it. The NSW Bar Association had applied to have him struck from the roll. Einfeld agreed not to apply for re-admission. His membership of the Order of Australia
Order of Australia
The Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
was also rescinded on 24 April 2009.
Outside of the law field, Einfeld has been a social activist in Australia and the Pacific region.
Background
Einfeld's parents were the Labor PartyAustralian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
politician Syd Einfeld
Syd Einfeld
Sydney David "Syd" Einfeld AO was an Australian politician and Jewish leader. Born in Sydney, he was educated at Fort St Boys' High School before becoming a manager of a merchandising company...
and his wife Billie. He studied at Sydney Boys High School
Sydney Boys High School
Sydney Boys High School is an academically selective public secondary school for boys, located in the City of Sydney, Sydney, New South Wales, Australia, with 1,180 students, from years 7 to 12...
from 1951 to 1955, and obtained his BA and LLB from the University of Sydney
University of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
.
Legal career
Einfeld is a former Justice of the Federal Court of AustraliaFederal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
and of the Supreme Courts of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
, Western Australia
Supreme Court of Western Australia
The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia. It has unlimited jurisdiction within the state in civil matters , and hears the most serious criminal matters.The Supreme Court consists of a General Division The Supreme Court of Western...
and the ACT
Supreme Court of the Australian Capital Territory
The Supreme Court of the Australian Capital Territory is the superior court for the ACT. It has unlimited jurisdiction within the territory in civil matters , and hears the most serious criminal matters...
. He was President of the Human Rights and Equal Opportunity Commission between 1986 and 1990. He retired as a judge in April 2001. He has been named by the National Trust of Australia
National Trust of Australia
The Australian Council of National Trusts is the peak body for community-based, non-government organisations committed to promoting and conserving Australia's indigenous, natural and historic heritage....
as a National Living Treasure
Australian Living Treasures
Australian Living Treasures are people who have been nominated by the National Trust of Australia. The first list of 100 Living Treasures was published in 1997....
, although this is no longer acknowledged at their website since his conviction.
Community and social involvement
Einfeld has served as an executive member of the New South Wales Jewish Board of Deputies and as a Councillor on the Executive Council of Australian Jewry. He also started and served as the first chairman of the Australian Campaign for the Rescue of Soviet Jewry, following his earlier establishment of the London-based National Campaign for Soviet Jewry of the United Kingdom and Ireland.Einfeld has been a spokesperson for Israeli and Jewish causes and has often confronted Palestinian supporters, the media, the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, universities and other institutions. He was an invited speaker at United Israel Appeal (UIA) functions in Britain, the United States of America, Europe, Canada and Australia. He is patron of the Australian Association of Jewish Holocaust Survivors and Descendants and of the Sydney Jewish Museum
Sydney Jewish Museum
The Sydney Jewish Museum is a museum in Sydney, Australia, which documents the Holocaust and the history of the Jewish people in Australia.-History and description:...
.
Einfeld has served as Austcare's "Ambassador for Refugees" and as an "Ambassador for Children" for UNICEF.
In 2002, Einfeld was presented a United Nations Association of Australia
United Nations Association of Australia
The United Nations Association of Australia is a non-profit, non-government, membership-based, community organization working to promote the aims and ideals of the United Nations, and seek support for the UN, its programs and agencies. It has divisions within all of the States and Territories of...
Founder's Award for his contribution to justice and human rights.
Controversies
In a March 2006 address on the war on terror and civil liberties at the University of Western SydneyUniversity of Western Sydney
The University of Western Sydney, also known as UWS, is a multi-campus university in the Greater Western region of Sydney, New South Wales, Australia...
, Einfeld stated that Western powers, including Australia, had supported terrorist regimes financially, and that new sedition laws showed that Australia was "leaning towards an autocratic framework".
Einfeld was the President of Australian Legal Resources International, a non-profit independent group of lawyers that supported democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
, human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
in developing countries
Developing country
A developing country, also known as a less-developed country, is a nation with a low level of material well-being. Since no single definition of the term developing country is recognized internationally, the levels of development may vary widely within so-called developing countries...
. In August 2006, this organisation collapsed, leaving creditors, including AusAID, the Australian Taxation Office
Australian Taxation Office
The Australian Taxation Office is an Australian Government statutory agency and the principal revenue collection body for the Australian Government. The ATO has responsibility for administering the Australian federal taxation system and superannuation legislation...
, and St.George Bank "thousands of dollars out of pocket."
Criminal conviction
In August 2006, Einfeld contested a A$Australian dollar
The Australian dollar is the currency of the Commonwealth of Australia, including Christmas Island, Cocos Islands, and Norfolk Island, as well as the independent Pacific Island states of Kiribati, Nauru and Tuvalu...
77 speeding ticket by claiming he had lent his car to an old friend, Professor Teresa Brennan, at the time it was caught by a speed camera. He gave evidence under oath in the Local Court and he also signed a statutory declaration to that effect. However, it was later revealed that Professor Brennan had been killed in a road accident in the United States in February 2003, and that Einfeld was aware of it. This was the basis for Einfeld's conviction for knowingly making a false statement under oath.
When challenged by a journalist concerning the death of Professor Brennan, Einfeld claimed that he had lent his car on that day to a different Teresa Brennan, whom he claimed also lived in the USA, and who had also died. In August 2006, Einfeld produced a detailed 20-page statement describing the fictitious second Teresa Brennan and his supposed dealings with her. This was the basis for his conviction for attempting to pervert the course of justice.
Angela Liati, a woman unknown to Einfeld, came forward and claimed that she had met and driven in Einfeld's car with "Theahresa Brennan" on the day in question. Liati was subsequently charged with perverting the course of justice. She claimed that she was only endeavouring to make contact with Einfeld through her admission. Liati was found guilty on 12 February 2009 and was subsequently sentenced to 200 hours' community service.
In September 2006, Einfeld gave the NSW Police leave to search his Woollahra
Woollahra, New South Wales
Woollahra is a suburb in the Eastern Suburbs of Sydney, in the state of New South Wales, Australia. Woollahra is located 5 kilometres east of the Sydney central business district, in the local government area of the Municipality of Woollahra. The Municipality of Woollahra takes its name from the...
home as part of their investigation of his evidence in the speeding case. They removed part of his home computer for forensic examination. On 29 March 2007, Einfeld was arrested by the NSW police. He was charged with 13 offences, including perjury, perverting the course of justice and making and using false statutory declarations. Einfeld's committal hearing was held in December 2007. The prosecution suggested the reason he lied under oath was that, had he lost the demerit points for the speeding offence, he would have been close to losing his licence. However, Einfeld denied he was aware his points were so low. One charge (hindering an investigation) was dropped; Einfeld was committed to stand trial on charges of perjury, perverting the course of justice and traffic offences. In October 2008 the Court of Criminal Appeal dismissed another five of the charges against Einfeld.
On 31 October 2008, Einfeld pleaded guilty to perjury and to perverting the course of justice just before his trial was to commence. It was also revealed that he had been battling prostate cancer
Prostate cancer
Prostate cancer is a form of cancer that develops in the prostate, a gland in the male reproductive system. Most prostate cancers are slow growing; however, there are cases of aggressive prostate cancers. The cancer cells may metastasize from the prostate to other parts of the body, particularly...
for several months.
Since his speeding fine case came to the attention of the Australian media, Einfeld has been the subject of ongoing media reports alleging various other improprieties, including padding his curriculum vitae,
purchasing doctorates from US diploma mill
Diploma mill
A diploma mill is an organization that awards academic degrees and diplomas with substandard or no academic study and without recognition by official educational accrediting bodies. The purchaser can then claim to hold an academic degree, and the organization is motivated by making a profit...
s,
and plagiarism.
On 5 November 2008, the President of the New South Wales Bar Association applied to the Court of Appeal to withdraw Einfeld's commission as Queen's Counsel, on the basis that his conduct has brought shame upon the legal profession as well as on himself. On 26 November 2008 Einfeld's commission as a Queen's Counsel was revoked.
On 20 March 2009, Einfeld was sentenced to three years in prison for knowingly making a false statement under oath and for attempting to pervert the course of justice, with a non-parole period of two years. Supreme Court Justice Bruce James found Einfeld had committed "deliberate, premeditated perjury" that was "part of planned criminal activity".
However, Einfeld denies being dishonest, saying: "I don't think I'm the slightest bit dishonest. I just made a mistake."
He served two years and was released on parole on 19 March 2011.
Removal from the Roll
On 23 July 2009 the New South Wales Court of Appeal made declarations that the defendant was guilty of professional misconduct and that he was not a fit and proper person to remain on the roll of lawyers and ordered that his name be removed from the roll.On 28 August 2009 the Court of Appeal delivered its reasons for making those declarations and orders.
The Court found proven allegations that, in addition to the 2006 statutory declaration in respect of which he had been convicted, Einfeld had also sworn a series of statutory declarations in 1999, 2003 and 2004 falsely nominating other persons as the drivers of his car who he knew had not been driving the car so as to avoid traffic infringements.
The Court of Appeal also considered the circumstances in which Einfeld had produced the 20 page statement describing the fictitious Teresa Brennan, with respect to which he had been convicted of attempting to pervert the course of justice, and found that;
"This statement reflects a studied, careful and premeditated attempt through a series of direct lies to influence the outcome of the administration of justice. It involves not a passing mistake, not an unfortunate and apparently uncharacteristic lapse but a studied and deliberate attempt to avoid the consequences of his actions and to deflect and pervert the course of justice. It may well be that the course of justice was in relation to a minor matter, standing alone. That, however, is not the point."
The Court of Appeal concluded, on the question of whether Einfeld was a fit and proper person to remain on the roll of lawyers:
"All these facts proved by the plaintiff which we have recounted when taken as a whole reflect deeply on the character of the defendant. Some of his falsehoods were committed at a time when he held high judicial office in the administration of justice in this country. Some were committed when he held the position as a practitioner involved in the administration of justice. Some of the falsities involved innocent people, including Ms Benjamin, Ms Marks and Dr Oliver, in his conduct. These matters, having taken place over a period of some seven years and being of a character and in circumstances eliminating the possibility of mistake, reveal a clear unfitness to remain on the Roll of Local Lawyers."
Honours
- Queen's Counsel (QC): Letters Patent granted 1977. Revoked 26 November 2008 by the Governor of NSW.
- Officer of the Order of AustraliaOrder of AustraliaThe Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
(AO): June 1998, "for service to international affairs and to the promotion and protection of human rights". Terminated by the Governor-General on 24 April 2009. - Australian Sports Medal: November 2000, as "Chaiman of Fundraising Committee for 1988 Paralympic Team; President of APC 1990-1992". Subsequently terminated.
- Centenary MedalCentenary MedalThe Centenary Medal is an award created by the Australian Government in 2001. It was established to commemorate the Centenary of Federation of Australia and to honour people who have made a contribution to Australian society or government...
: January 2001, "for service to the Centenary of Federation celebrations".