Accused Toyah killer Rajwinder Singh’s former lawyer Derek Perkins referred to Legal Services Commission
In a move a Supreme Court judge called “unheard of in a murder trial”, the lawyer for the man accused of murdering Toyah Cordingley has been referred to the Queensland Legal Services Commission for investigation.
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In a move a Supreme Court judge called “unheard of in a murder trial”, the lawyer for the man accused of murdering Toyah Cordingley has been referred to the Queensland Legal Services Commission for investigation.
The issue of Cairns solicitor Derek Perkins’ conduct came to a head at a two day pre-trial hearing for Toyah’s accused killer Rajwinder Singh in Cairns Supreme Court on Monday.
Mr Singh’s matter – he is charged with murdering 24-year-old Ms Cordingley at Wangetti Beach on October 21, 2018 – was committed for trial at a registry hand-up committal.
The court heard Mr Perkins, who was then representing Mr Singh, received a brief of evidence from the Office of the Director of Public Prosecutions but did not apply to cross-examine witnesses before the matter made its way to the higher courts.
Justice James Henry told the court Mr Perkins was given the opportunity to indicate if he disagreed with the factual assertions contained in the material put before him in the Cairns Supreme Court on Monday about his conduct.
Justice Henry said Mr Perkins’ formal response to the Crown was: “I am uninterested in assisting you with your exhibit-forming email”.
“That is a disappointing response,” Justice Henry told the court.
“It is unheard of in a murder trial where the stakes are so high that the person charged may face life in prison for there to be no such application or for a magistrate’s court to refuse an application when provided the opportunity to cross-examine witnesses at committal,” he said.
“The material before me shows there was little meaningful consultation (by Mr Perkins) with the defendant during the committal phase at all.
“It is conceivable there is a rational professional explanation for that course, I find it difficult to foreshadow what that would be.
“The material before me leaves me so concerned about the conduct of the matter, that it at least warrants investigation by the Legal Services Commission,” Justice Henry said, making a formal referral of Mr Perkins’ conduct to the commission.
Mr Singh, who has been remanded in custody at the Arthur Gorrie Correctional Centre in Brisbane since last March, appeared relaxed in the dock, wearing a white turban and white shirt and a blue suit, and sporting a long grey beard.
He busied himself making notes on a legal pad.
Singh’s defence barrister Angus Edwards KC made an application for a Basha hearing to cross-examine witnesses, including new witnesses.
Crown prosecutor Nathan Crane, who is assisted by barrister Emily Thambyah, did not object, and Justice James Henry allowed the application.
Mr Perkins represented Mr Singh at his initial Cairns Magistrates Court appearance in March 2023 and said outside court “Mr Singh is innocent until proven guilty”.
When later contacted by the Cairns Post, Mr Perkins refused to confirm or deny if he was still acting for Mr Singh.
Mr Singh is now represented by Angus Edwards KC, assisted by barrister Brydie Bilic, with instructing solicitor Michael Finch, a senior associate at Fisher Dore Lawyers.
Mr Edwards is based at Lucas Chambers in Brisbane and his high profile cases include defending Daniel Morcombe’s killer Brett Cowan.
Former Cairns-based principal prosecutor Nathan Crane has always had carriage of the case of Mr Singh for the ODPP.
Mr Crane is now a senior prosecutor in Brisbane.
The Legal Services Commissioner is required to investigate complaints that allege unsatisfactory professional conduct or professional misconduct and can initiate a prosecution if it is in the public interest to do so.
The trial will be held in July.
Mr Perkins was contacted for comment and did not respond.
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