NSW: Einfeld allegedly gave false evidence whilst a judge: court

AAP General News (Australia)
04-19-2007
NSW: Einfeld allegedly gave false evidence whilst a judge: court

EDS: Updates number of charges from 13 to 14 on updated court information, clarifies
plea was indicated but not entered



By Katherine Danks

SYDNEY, April 19 AAP - Marcus Einfeld lied to escape penalties for three separate traffic
offences, including one when he was a sitting judge in the Federal Court, it was alleged
today.

In Sydney's Downing Centre Local Court, Einfeld was accused of falsely nominating Professor
Nadine Levick as the driver at the time of a September 4, 1999, traffic offence.

It's alleged the statutory declaration, with the signature of a witness named Violetta
Benjamin, was made between September 4, 1999, and March 1, 2000.

Einfeld, of Woollahra, retired from the Federal Court in 2001.

He has been charged with 14 offences following a six-month investigation into allegations
that he misled a court to avoid paying a $77 speeding fine.

Today, he strode confidently into the Liverpool Street court without speaking to reporters
and took his place in the front of the public gallery.

The tall 68-year-old, dressed in a dark grey, pinstripe suit, appeared composed throughout
the brief hearing, at which his barrister, David Campbell SC said he would fight all 14
charges.

As he left the court, Einfeld had to battle a phalanx of reporters and photographers
to get to his car.

He jumped in the passenger's seat and was driven off by a young man who screeched the
car's tyres as he sped away.

The police investigation began after a speeding charge against Einfeld was dismissed
in the Downing Centre Local Court on August 7 last year after he said he had loaned his
car to an old friend, US-based academic Professor Teresa Brennan, whom he said had since
died.

Einfeld said he was in Forster, on the NSW north coast, at the time of the January 8 offence.

It later emerged that a Professor Teresa Brennan had died after a hit and run car accident
in the US in 2003 - three years before the speeding fine.

In documents lodged with the court, it was alleged Einfeld had falsely nominated another
two people - Prof Levick and a person named Tim Oliver - as the drivers responsible for
two other traffic offences.

In addition to the Prof Levick offence, it's further alleged Einfeld falsely nominated
Tim Oliver as the driver responsible for a November 29, 2003 offence.

The statutory declaration, made between November 29, 2003, and June 15, 2004, featured
the signature of a witness named Gillian Marks, the documents allege.

Police initially said Einfeld had been charged with 13 offences, however the additional
charge of hindering an investigation was included on court papers.

He has also been charged with three counts of perjury, six counts of perverting the
course of justice, two of making a false instrument and a further two of using a false
instrument.

Detectives with Strike Force Chanter, established in August 2006 to investigate the
so-called Einfeld excuse, also charged Angela Liati, 55, from Riverwood in Sydney's south.

Liati, who claims she did not personally know Einfeld, had told police she was in the
former judge's car with a woman named Teresa Brennan on the day it was caught speeding
on January 8 last year.

She also appeared in court today to face charges of perverting the course of justice
and hindering an investigation.

Liati arrived at court separately to Einfeld and did not enter a plea to the charges
when her matter was dealt with separately to that of the former judge.

Deputy Chief Magistrate Helen Syme adjourned both matters to June 21.

AAP kjd/was/cjh/cdh

KEYWORD: EINFELD NIGHTLEAD (WITH PIX)

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