The Trials of Justice Murphy BY Stephen Walmsley


The Trials of Justice Murphy BY Stephen Walmsley

Author Stephen Walmsley
Publication Date Oct 2016
ISBN 9780409345414
Publisher LexisNexis Butterworths  Australia


Former High Court Justice Lionel Murphy, a controversial legal and political figure who, despite his numerous accomplishments, is arguably most known for being accused with attempting to pervert the course of justice, died thirty years ago in October 2016.

The Justice Trials Murphy delves into the extraordinary narrative of Murphy, who was a High Court judge at the time, being charged with major criminal offences, found guilty of one, and sentenced to jail. The first trial is thoroughly examined in the book, before moving on to the appeal and second trial, in which Murphy was acquitted. Murphy was diagnosed with a fatal disease and returned to sit as a judge, delivering his final judgement just an hour before he died, despite the fact that he was facing a new investigation.

Follow the fascinating story of how one of Australia's most senior judges was accused of jeopardising his freedom and the High Court's reputation in order to help a friend.

About the Author

Stephen Walmsley is a former judge who now works as a consultant. He has had a long and successful legal career, becoming a solicitor in 1970, a barrister in 1981, and earning silk in 1997, and practising in both Sydney and Canberra. He was appointed a judge of the District Court of New South Wales in 2001, and he went on to preside over a number of criminal and civil proceedings. He has been an acting judge of the Supreme Court of New South Wales and the Supreme Court of the Australian Capital Territory on several occasions. He has also published a number of articles in the topic of professional liability.

TABLE OF CONTENTS of The Trials of Justice Murphy

Chapter 1. Background to the Story
Chapter 2. The Main Crown Witness: Clarrie Briese, the Lutheran
from Trungley
Chapter 3. Morgan Ryan’s Dinner Party: Briese Meets Murphy
Chapter 4. The Age Tapes: Allegations Against a Judge
Chapter 5. A Senate Inquiry
Chapter 6. An Allegation Against Another Judge
Chapter 7. The Pope’s Jockey Saddles Up
Chapter 8. A Second Senate inquiry
Chapter 9. Murphy is Charged
Chapter 10. The Committal Hearing
Chapter 11. A High Court Judge is Committed for Trial
Chapter 12. The Trial: Part 1 — The Beginning
Chapter 13. The Trial: Part 2 — The Crown Case
Chapter 14. The Trial: Part 3 — The Defence Case
Chapter 15. The Trial: Part 4 — Character Witnesses
Chapter 16. The Trial: Part 5 — Addresses and Summing Up
Chapter 17. The Verdicts
Chapter 18. The Public Discusses the Verdicts
Chapter 19. Some Press Observations on the Trial
Chapter 20. The Jurors Respond to Critics
Chapter 21. Jury Disclosures Become Part of the Case
Chapter 22. An Interlude: The Law About Jury Disclosures
Chapter 23. Murphy Becomes a High Court Litigant
Chapter 24. The Sentencing Hearing
Chapter 25. A High Court Judge is Sentenced to Imprisonment
Chapter 26. The Foord Trial
Chapter 27. Murphy’s Appeal
Chapter 28. Murphy is Granted a Retrial
Chapter 29. Murphy’s Second Trial
Chapter 30. The Final Verdict and its Aftermath
Chapter 31. Murphy’s Dock Statement Has Other Repercussions
Chapter 32. A New Inquiry
Chapter 33. Murphy’s Last Judgments and His Death
Appendix 1: Chronology of events
Appendix 2 : ‘Proved misbehaviour’: Section 72 (ii) of the Constitution
Appendix 3: The McClelland ‘perjury’ confessions

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