Top SA barrister Enzo Belperio ‘threatened defamation’ over sex assault allegations made by young lawyer, misconduct tribunal told

A top barrister switched from “unhesitating” apologies to accusations and defamation threats when a young lawyer spoke out, a misconduct tribunal has been told.

• Barrister answers sex assault allegations
• Enzo Belperio misconduct case explained

Barrister Enzo Belperio was “full of apologies and remorse” for his sexual advances toward a young lawyer until she made a formal complaint, then “deliberately attempted to pressure her” to drop it, a tribunal has heard.

The Legal Practitioners Conduct Tribunal has been shown two letters authored by Mr Belperio’s solicitor in response to the lawyer’s allegations of sexual assault.

The first, seeking private conciliation, says Mr Belperio “unhesitatingly accepts” she is “genuinely aggrieved” by his “unwelcome” advances.

Enzo Belperio outside the tribunal. Picture: Brett Hartwig.

The second asks her complaint be dismissed, claiming she “embellished and reconstructed” the incident out of “regret or remorse” for her “fundamentally inexplicable decisions”.

It claims she “repeatedly defamed” Mr Belperio “to cause maximum prejudice and embarrassment” and “gratuitously, purposely and maliciously sling mud”.

In cross-examination, Frances Nelson KC, for the Legal Practitioners Conduct Commissioner, asked Mr Belperio why the letters were so different in tone.

“Your first letter (was) full of apologies and remorse … (the second) was a deliberate attempt to put pressure on her not to continue her complaint,” she said.

“You have gone from being very apologetic and terribly remorseful to putting pressure on this young woman to stop her complaint once you knew conciliation was not going to happen.

“You were scared because you knew what had happened and that, if it became public, you would be in trouble … do you not agree (it) is a threat of defamation proceedings?”

Mr Belperio with his barrister, former Victorian County Court judge Julie Condon KC. Picture: Russell Millard Photography

Mr Belperio said he had “reviewed and approved” both letters before they were sent, and insisted neither was a threat.

“It was not about persuasion … I was so confused and didn’t understand what was happening,” he said.

”If there was a misunderstanding, I wanted to apologise … I never had any intention of meeting with her to pressure her.”

Ms Nelson replied: “Are you serious?”

The Commissioner alleges Mr Belperio made “inappropriate and uninvited physical and sexual contact or advances” to the lawyer in mid-2020.

It further alleges that amounts to professional misconduct – Mr Belperio, who has not been charged with any criminal offence, insists the incident was consensual.

In cross-examination, Ms Nelson suggested “the only reason” Mr Belperio had not removed the lawyer’s pants was “because you couldn’t work out how to take them off”.

“You were not going to take ‘no’ for an answer,” she said.

Mr Belperio replied: “I didn’t attempt to take off her pants … I did take ‘no’ for an answer.”

Ms Nelson asked Mr Belperio why he had wanted to apologise when “according to you, you had done nothing wrong”.

“The fact of the matter is, if she said nothing – and you certainly intended on saying nothing – none of this would have come to light,” she said.

Mr Belperio conceded that was “probably true.”

The tribunal will hear closing submissions in September.