Magistrate gives cop a huge serve
AN Adelaide magistrate has delivered a scathing attack on a police officer for being a belligerent and aggressive witness.
AN Adelaide magistrate has delivered a scathing attack on a police officer for being a belligerent and aggressive on the witness stand.
Magistrate Peter Snopek today condemned Brevet Sergeant Mark Stanley, who investigated fraud allegations against Unley Mayor Lachlan Clyne, for being disrespectful to the court when giving evidence against Clyne's former lawyer.
Mr Snopek went on to say the evidence of Brv Sgt Stanley was unreliable and contradictory.
"I was less than impressed with the evidence of Brevet Sergeant Stanley who was belligerent and aggressive to cross-examining counsel and indeed, to a lesser extent, the court," Mr Snopek said.
"I believe it reflects his demeanour on the day he attended the Clyne (business) premises.
"His evidence was totally unreliable."
Today Mr Snopek found lawyer Cormack McCarron not guilty of hindering police in the course of their investigation into Clyne.
He said that evidence presented to the court regarding allegations that McCarron took a computer from Clyne's family business, knowing his client was being investigated by police, was unsatisfactory.
At trial police alleged that upon attending at the offices of Angas Clyne Pty Ltd, where Lachlan Clyne worked, in November 2010 they were met by Mr McCarron and Clyne's mother Leonie.
In executing a general search warrant they determined Clyne's computer to be missing.
Prosecutors said McCarron then left the office and returned later with Clyne and the computer in question.
Today Mr Snopek said that did not prove McCarron, 57, of Fullarton, had taken the hard-drive.
"Rather than hindering police it appears, from the inferences that can be drawn, that Mr McCarron assisted police," Mr Snopek said.
"I am satisfied beyond reasonable doubt that Mr McCarron didn't return (to the business) with the computer in his hands.
"The only logical inference is that rather than hindering police by taking the computer, the defendant went away to proffer advice to Lachlan Clyne, then returned with him as a solicitor to ensure the computer was handed over to police."
Mr Snopek found that if Mr McCarron had taken the computer, there was no evidence to support a finding that he took it after police had arrived at the premises, nor done so prior knowing police were seeking to seize it.
Outside court today Mr McCarron said he was satisfied that the case had concluded.
"The magistrate quite properly dismissed (the case). He found that I was acting lawfully in the interest of my client," Mr McCarron said.
Mr McCarron is no longer representing Clyne.
Clyne is yet to plead to several charges of falsification of documents, allegedly regarding the 2010 local government elections.