High-profile lawyer launches appeal over convictions
A MAGISTRATE took an "over-vigorous approach'' in recording two convictions against a high profile solicitor for breaching his bail conditions, a judge has been told.
Adam Magill, who is facing fraud-related charges, is appealing against the sentences he was given in August last year, after he pleaded guilty to breaching his bail five times.
In December, Queensland Law Society found Magill was not a fit and proper person to practise law.
He has since lost a bid to have the ban on him working as a lawyer temporarily lifted, and a review of the decision to cancel his practising certificate is yet to be held.
Magill's legal counsel, Matt Jackson, yesterday told Brisbane District Court the sentences for two of five bail breaches, where convictions were recorded, were excessive.
Magill also was fined thousands of dollars.
The former police officer and high-profile criminal defence lawyer, is facing charges of aggravated fraud, fraudulent falsification of records and aggravated money laundering.
The Crime and Corruption Commission alleges Magill was taking cash payments from clients without lodging them through his firm's trust accounts and in some cases, doubling up with Legal Aid funding.
He denies the allegations and is yet to face a committal hearing.
Three of Magill's bail breaches occurred in February, March and April last year and two others were in June and July, last year, after Magill was sentenced in June for his first breach of bail.
Magill breached bail conditions by meeting business partner Neil Lawler for a three-hour lunch and then a drinking session in Fortitude Valley last year.
He had only been allowed contact with Mr Lawler to discuss work matters.
Magill also breached bail conditions by attending the bar Mr Mista, where Lam Quoc Ta, who was on his no-contact list, was having a birthday party for his partner.
In June, last year, Magill was fined $1200 for breaching a bail condition by phoning and texting a barrister, whom he was barred from contacting, in November, 2018.
During his appeal hearing yesterday, Mr Jackson asked to submit fresh evidence.
He said Magill had been asked to show cause why his practising certificate should not be cancelled a month after his sentence for the bail breaches.
Mr Jackson said recording a conviction for two of the bail breaches was unjust and it could be inferred that an error of some kind had infected the magistrate's decision.
Sam Bain, for the Director of Public Prosecutions, opposed the appeal, saying Magill had been a practising solicitor who continued to offend, in flagrant disregard of the law.
Mr Bain said the fine and recording of convictions for the last two bail breaches were appropriate sentences.
Justice Jennifer Rosengren reserved her decision on the appeal.