Peter Payne: Cobar lawyer convicted of perverting justice after telling client not to come to court

A central west lawyer who told a client to “f**kin stay where you are” instead of turning up to court for his sentence has been convicted of intentionally perverting the course of justice.

A central west lawyer who told a client to “f**kin stay where you are” instead of turning up to court for his sentence has been convicted of intentionally perverting the course of justice.

Peter Payne, 71, appeared at Downing Centre Local Court on Monday where he pleaded guilty to doing an act or making an omission with the intention of perverting the course of justice.

Agreed facts tendered to court reveal in June 2021, NSW Police were investigating drug supply by a known person with Jay Betcke identified as an associate to that person.

On October 27 2021, Betcke was listed for sentence at Cobar Local Court for drive vehicle with illicit drug present in blood and was on bail at the time for an unrelated matter.

He was also wanted for contravening a prohibition or restriction in an apprehended violence order.

Cobar lawyer Peter Payne has been charged with perverting the course of justice. Picture: Peter Payne Law

When Betcke’s sentence matter was mentioned at Cobar Local Court before Magistrate Shields, Payne said he believed the matter had been adjourned to another court for sentencing in the following year.

The magistrate told Payne the matter had been referred to Cobar Local Court from Dubbo Local Court with a marking “must proceed”.

Payne asked for the matter to be adjourned to Nyngan Local Court the following day and he would attempt to locate Betcke, which was granted by Mr Shields.

At 2.56pm, Payne was caught on a phone tap telling Betcke he believed “police were using the drug driving matter to flush you out” and if he attended court he was “going to get bloody bushwhacked”.

Cobar lawyer Peter Payne was sentenced on Monday, September 11 at Downing Centre Local Court.

“I got no problem saying that – that I haven’t been able to find you – and therefore have no instructions … But I can see, they’re setting, they’re setting a trap for you,” Payne told Betcke.

The 71-year-old later asked whether Betcke wanted to go to jail which prompted the reply “f**k no”.

Payne said “No, well f**kin’ stay where you are”.

The following day, Payne sought leave to appear saying he was unable to contact his client and Betcke was convicted in his absence.

On Monday, Payne’s barrister Ragni Mathur SC asked whether a conviction was “called for” given her client’s subjective material, including his “tireless devotion to the law … his clients … [and] the community”.

She told the court the offending was “entirely uncharacteristic” and it was difficult to ignore the references of five legal practitioners who “attest to their own observation of” Payne’s commitment.

Ms Mathur said her client wasn’t motivated by self-interest, instead he wanted to “protect a vulnerable Aboriginal man from incarceration”.

The court heard Payne’s practice manager spoke about his “generosity and passion” which had the potential to “cloud his judgement” and this was “clearly” an example.

In reply, the Crown prosecutor said imprisonment was required due to the seriousness of the offence and noted there were alternatives to full-time custody.

Ms Manea acknowledged it seemed to be a “spontaneous decision”, however she found it was a serious offence.

“There is no doubt … Mr Payne was a very active and well-regarded member of his community for a very long time,” Ms Manea said.

While noting being a lawyer was a “stressful job”, the magistrate said the community expects lawyers to uphold the law.

Payne was ultimately convicted and handed a 12 month community correction order with Ms Manea telling him he “made an error of judgement which has cost you dearly”.