The Snitch: Decision soon on Charles Waterstreet’s barrister’s licence
Where has Charles Waterstreet been keeping his barrister’s wig while waiting to see if he is allowed to work? Was a notorious Sydney shooting the result of a break-up? And does Sally Dowling like Budget Estimates questions? The Snitch is here.
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A decision on the working future of colourful barrister Charles Waterstreet is expected to be delivered in the coming weeks.
Waterstreet, who helped inspire the TV character Rake, is set to find out whether the NSW Civil and Administrative Tribunal thinks it can let him practise as a barrister again.
The well-known legal practitioner has been fighting a seven-year battle after his former staff complained that he sexually harassed them.
In the first stage of the case, NCAT found in April that Waterstreet’s undiagnosed and poorly controlled bipolar was to blame for his behaviour, which included showing a woman a sex toy during a job interview.
The tribunal declined to find that “Mr Waterstreet, by reason of the conduct proven against him in this matter, is not a fit and proper person to engage in legal practice on account of attributes of his character”.
The findings of the second stage – whether Waterstreet can practice with conditions attached to his barrister’s licence – are now imminent.
If he wins, Waterstreet still faces a third hurdle to work again, in the form of the Bar Council.
But the findings that Waterstreet was suffering from a mental health condition puts the council in a tricky position when it comes to making a decision.
In the meantime, Waterstreet’s wig has been receiving an airing on the head of a mannequin on a window sill, above his toilet.
HIT A ‘CRIME OF PASSION’
There’s a belief in sections of the Sydney underworld that one of the city’s most notorious gangland shootings was a crime of passion.
Current legal restrictions mean Snitch can only tell you so much at the moment.
But what we can say is that the home of a well-connected gangster was targeted by shooters, who opened fire and caused significant damage.
It was assumed by many that the gangster was the target and that the shooting was in retribution for his betrayal of an organised crime group.
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But an alternative theory emerged: that it was actually the gangster’s wife who was the target.
Underworld sources said the gunman had been having an affair with the woman while the gangster was in jail.
We’re also told it was a paid affair — in that the woman had previously worked as an escort and went back to that line of work while her husband was behind bars.
The sources said the shooter was one of her clients and apparently fell in love with her.
But when hubby got out of jail, she cut the shooter loose, leading him to feel somewhat slighted. In response, he opened fire on her house.
Interesting. Stay tuned.
SALLY DOESN’T ESTIMATE
Nine-tenths of winning workplace warfare in the modern era is controlling the narrative. That said, over to you Director of Public Prosecutions, Sally Dowling SC.
In a recent Budget Estimates grilling, Ms Dowling was asked: “What was the number of sexual assault cases successfully prosecuted at hearing by the DPP” over the past five years.
Ms Dowling’s answer was an exercise in: “Tell me you hate the question without telling me you hate the question”.
The DPP said: “A ‘successful prosecution’ is one where the Crown case is presented properly and conformably with the dictates of fairness to the accused.”
She then said: “If this question is seeking the number of convictions in sexual assault matters” before providing the stats the question was seeking.
That was a 48 per cent conviction rate in 2022/23, 49 per cent in 21/22, 50 per cent in 20/21 and 55 per cent in 19/20.
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