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|  | Lawyer victimised
« Thread Started on Dec 27, 2004, 4:02am » | |
The story below is a miscarriage of justice to one of the few decent lawyers that remain defending the rights of the under priviliged. The irony is that David Perkins should be awarded a medal of honour for his enormous contribution to society, not a disgraceful suspension.
Barrister's bigot barb brings ban
Russell Robinson
Herald Sun 24dec04
A BARRISTER has been banned from practising for three months after accusing a senior tribunal member of being a bigot, a coward and unprofessional.
David Anthony Perkins' extraordinary attack also cost him a reprimand and $30,000 in costs.
The Legal Profession Tribunal ordered the maverick barrister's practising certificate be suspended until March 25.
Handing down its finding this week, the tribunal said it was troubled by "the apparent inability of Mr Perkins to come to terms with his extraordinary outburst".
"He has difficulty in accepting personal responsibility for his actions in this regard and thereby causes this tribunal to have concerns as to his conduct in the future."
Mr Perkins' problems started in October 2000, when he attacked senior VCAT member Robert Davis after Mr Davis refused to disqualify himself from hearing a case.
"You are not fit to decide a matter in which I am involved as counsel because you are a bigot and a coward as far as I am personally concerned," he told Mr Davis.
He also described Mr Davis as dishonest, craven in his conduct and behaving in a disgraceful way.
Mr Perkins, who had pleaded not guilty, told the legal tribunal the reason for his outburst had related to a previous hearing chaired by Mr Davis.
Mr Perkins, 57, said he wanted Mr Davis to remove himself from a VCAT hearing over fears there might be "prejudice" on Mr Davis's part.
In December 2001, Mr Perkins was found guilty of contempt by VCAT and fined $2500.
In evidence to the legal tribunal, which heard the case after he had unsuccessfully appealed against the VCAT decision, Mr Perkins said from 1994 he had suffered a "self-induced fall from grace".
This included marital stress, a $500,000 judgment against him, which resulted in the sale of their house, and the commencement of bankruptcy proceedings.
He also detailed a well-publicised incident in 1996 in which he was arrested and charged with various offences including wilful and obscene behaviour. The barrister was wearing an unbuttoned dress when he was picked up by police in Kent St, Hawthorn, just after 2am.
Mr Perkins, who pleaded not guilty in the Prahran Magistrates' Court, was put on a good behaviour bond and fined $500.
The legal tribunal stated Mr Perkins' convictions were later quashed on appeal.
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