Legal Practitioners Conduct Commission complaint lodged against top SA silk Marie Shaw KC over files allegedly “left behind”
One of the state’s most renowned legal minds is the subject of a formal complaint, alleging she left confidential files in the car park of a fast food outlet.
SA News
Don't miss out on the headlines from SA News. Followed categories will be added to My News.
One of the state’s most senior barristers left three folders of confidential legal files in the carpark of a suburban McDonald’s, from where they were taken by strangers, a formal complaint alleges.
A Legal Practitioners Conduct Commission complaint has been lodged against former District Court judge and Bar Association immediate past president Marie Shaw KC.
The complaint alleges Ms Shaw “left a bunch of confidential files from” an individual’s court case “on the ground of the car park at McDonald’s Croydon”.
It alleges the outlet’s CCTV cameras recorded the barrister had “put the files on the ground next to her car, then stepped over them to get into her car, and then drove off”.
It further alleges SA Police subsequently “identified two Aboriginal women known to them”, but who have no connection to Ms Shaw, as those who “took the files from the car park”.
“I was absolutely stunned and horrified when I saw this (CCTV) vision … I was astounded this could occur at all … it all seems so unbelievable,” the individual says in their complaint.
“Even as I write this, I am still flabbergasted and sickened by this incident.
“I do not understand how Marie Shaw can be working with confidential documents … in a McDonald’s restaurant and then leave them on the ground in the car park.”
There is no suggestion that Ms Shaw deliberately left the files in the car park.
The Advertiser has confirmed the complaint has been lodged with the Commissioner’s office, and that a copy has been sent to Ms Shaw for her response.
On Friday, Ms Shaw’s lawyer, Harry Patsouris, said his client was unable to comment on the complaint.
“On the advice of Senior Counsel, we are not in a position to respond to the matters you have raised in your email given issues of client confidentiality, legal professional privilege and obligations arising given the context of pending legal proceedings,” he said.
Ms Shaw, who graduated from Loreto College in 1969, is one of SA’s most renowned criminal barristers.
She took silk in 1996, was appointed to the District Court bench in 2005, and stepped down five years later to return to the bar.
Ms Shaw was a 2023 South Australian of the Year nominee and is known for her work with the Ice Factor program, which benefits at risk and disadvantaged teenagers.
In their complaint, the individual says they believe the documents were the subject of an Adelaide Magistrates Court hearing in December 2023.
At that hearing, the complaint states, Ms Shaw said she would seek to tender in the matter confidential documents which came from a different jurisdiction.
She allegedly told the court that, to obtain those, she would be seeking an exemption from the Harman Undertaking.
That legal principle holds documents obtained as part of compulsory court processes will only be used for the purpose for which they were disclosed, not a collateral or ulterior purpose.
The complaint alleges that, at 6.30pm on April 14, 2024, Ms Shaw was recorded leaving the documents behind in the McDonald’s Croydon car park.
“I have viewed the CCTV tape and it is clear that Marie Shaw put the files on the ground next to her car, then stepped over them to get into her car, and then drove off,” it alleges.
“A short time later, an unknown person collects these files and takes them away.”
The complaint further alleges the folders were recovered, two days later, by SA Police.
The person alleges they “viewed the CCTV footage” and read the “associated police report” on July 16, 2024.
Three days later, they allege in the complaint, Ms Shaw “stopped acting” in the matter.
“I am absolutely frustrated by this … I feel completely let down by the legal system,” the person says in their complaint.
More Coverage
Originally published as Legal Practitioners Conduct Commission complaint lodged against top SA silk Marie Shaw KC over files allegedly “left behind”
Road train wreaks havoc after colliding into cars
A road train driver has been arrested after he hit two cars and several posts in Adelaide’s north overnight.
Read more
‘Out of our hands’: Hospo hell curses 2024 with mass closures
Crippling costs are a recipe for disaster for Adelaide’s food scene with industry leaders warning it’s going to be a “rough summer”. See the venues lost to crisis.
Read more