The Snitch: Samurai sword case touches raw nerve with legal community

The DPP has been accused of a culture of nondisclosure after a scathing rebuke by the NSW Supreme Court in a judgment handed down last week.

It’s the disclosure headache that just won’t go away for the DPP.

Crown prosecutor Chris Taylor copped a spray in the NSW Supreme Court over the DPP’s murky failure to disclose important material during a murder trial.

Those documents — notes of a case conference between the prosecution and a key witness who claimed she was pressured to sway her evidence — would have remained a secret if not for the defence team’s persistence.

The prosecution had argued the notes were protected under legal privilege.

The debacle unfolded during the trial of Hannah Quinn and Blake Davis, who were charged over the samurai sword death of Jett McKee in 2018.

Hannah Quinn with her lawyer Lauren MacDougall (right). Picture: NCA NewsWire/Flavio Brancaleone

“The Crown Prosecutor misled the court by stating there were no documents caught by the subpoena to produce,” Justice Natalie Adams said in her judgment last week.

“That is very troubling.”

The case seems to have touched a nerve with the wider legal fraternity, too.

The Snitch understands one prominent senior counsel is canvassing support for a formal complaint to the NSW Bar Association.

Apparently, many defence lawyers believe the police and prosecution aren’t sharing all the material they should be.

Sydney barrister Emmanuel Kerkyasharian posted the judgment on his Twitter feed last week and received a stream of knowing responses from lawyers.

“The cost to the system is immense,” the Defence Lawyers NSW president said.

“Delays come through because (evidence) is being served at the last minute.

“Material is being disclosed later and a guilty plea entered later when it possibly could have been entered earlier so the victims suffer as well.

“I did a straw poll (of some members of Defence Lawyers NSW) and the answer was in almost every incitable matter that ran to trial there were disclosure problems.”

He called for a “deep, detailed” inquiry into the problem to recommend legislative amendments to tackle it.

Ms Quinn was sentenced to two-year community corrections order for being an accessory after the fact to manslaughter.

Her solicitor Lauren MacDougall said the case was an example of a DPP culture of nondisclosure.

“But the decision has been a talking point and hopefully will be the trigger for change,” she said.

REAL-LIFE CRIME

The case involving a Real Housewives of Sydney star and her missing half a million dollars has come to a standstill.

Krissy Marsh was duped out of more than $500,000 last year while purchasing a $10m holiday home in Queensland’s coastal hot spot, Noosa.

Krissy Marsh from Real Housewives of Sydney with husband John.

The Eastern Suburbs TV star was the victim of a business email compromise scam.

Hackers intercepted an email between her lawyers and Credit Suisse, changed the bank account details and then pocketed Ms Marsh’s cash.

Aurnob Imtiaz, a finance analyst, was the only person charged over the fraud, accused of cashing the money in for gold bullion at the behest of someone further up the criminal chain.

Snitch understands Imtiaz, who was paid $40,000 for his role in the scam, died suddenly earlier this month.

He had pleaded guilty in April.

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