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June 12, 2009
SCHAPELLE Corby's former lawyer has been struck off for boasting he
had "invented" a defence for the convicted drug smuggler and revealing
confidential information about her family.
Queensland Supreme Court judge Roslyn Atkinson said yesterday Robin
Tampoe had brought the profession into disrepute when he made
television appearances on the Sunday program in June 2005 and in a 2008
documentary, The Hidden Truth.
Justice Atkinson found the way Mr Tampoe spoke about his client and the Corby family was "also scandalous and offensive" and that he was guilty of professional misconduct.
Mr Tampoe had already retired from practice before yesterday's order in the Legal Practice Tribunal, but he will now be formally removed from the state's roll of solicitors.
In the Sunday segment, Mr Tampoe relayed information about criminal convictions within the Corby family that Schapelle's sister Mercedes disclosed to him.
Queensland Supreme Court judge Roslyn Atkinson said yesterday Robin
Tampoe had brought the profession into disrepute when he made
television appearances on the Sunday program in June 2005 and in a 2008
documentary, The Hidden Truth.Justice Atkinson found the way Mr Tampoe spoke about his client and the Corby family was "also scandalous and offensive" and that he was guilty of professional misconduct.
Mr Tampoe had already retired from practice before yesterday's order in the Legal Practice Tribunal, but he will now be formally removed from the state's roll of solicitors.
In the Sunday segment, Mr Tampoe relayed information about criminal convictions within the Corby family that Schapelle's sister Mercedes disclosed to him.
The solicitor, who was then employed by Hoolihans Lawyers, argued that because this information was on the public record it was not confidential. The judge said this did not change the nature of the discussion.
"It is fundamental to the relationship between solicitor and client that the legal practitioner will not reveal confidential information. It is hard to think of a more egregious breach than to do so on a national television program."
Mr Tampoe claimed to be acting under the mistaken belief he had been retained by businessman Ron Bakir and had no solicitor-client relationship with Schapelle. Yet, Justice Atkinson said Mr Tampoe now accepted "he was wrong in that view".
The 2008 documentary featured Mr Tampoe calling the Corby family "trash" and claiming he made up the claim that the marijuana found in her possession had been put there by baggage handlers.
"Baggage handlers didn't put drugs in the bag. Nothin' to do with it. But now, now she believes it. They all f..... believe it. It's not true ...
"I don't give a shit. You want to attack me? I gave you the defence, I'll take it away."
Justice Atkinson referred to Mr Tampoe's laughter as he added: "Yeah sorry about that guys ... I won't do it again."
The judge stated: "A person acting as a criminal defence legal practitioner cannot under any circumstances invent facts or invent a defence.
"To say such a thing is scandalous and is likely to cause the public to lose confidence in not only the legal profession but in the criminal justice system, because it suggests that in response to a criminal charge what one should do is find a legal practitioner who will make up a defence for the alleged offender.
"Nothing could be further from the truth."
The order will now be filed in the Supreme Court.
The Corby family could not be reached for comment but recently said the federal government had agreed to support a plea for clemency.
Corby, 31, is serving a 20-year sentence in Bali.
