Lawyer Campbell MacCallum faces strike off from profession
One of Queensland’s most high-profile defence solicitors who “brazenly” bought cocaine from a criminal client is fighting to save his legal career
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One of Queensland’s most high-profile defence solicitors who “brazenly” bought cocaine
from a criminal client he drove home from the Supreme Court after his client was given immediate parole for drug crimes, is fighting to save his legal career.
Gold Coast lawyer Campbell MacCallum, the founder of Moloney MacCallum Lawyers, was in the Queensland Civil and Administrative Tribunal in Brisbane on Wednesday where he is
facing strike off from the profession.
The legal profession’s watchdog has applied to the tribunal to remove his name from the roll of solicitors on the grounds that he is unfit to practice as his character was “indelibly marked” by the stain of his drug misconduct and the public and the profession needed to be protected from MacCallum.
The Legal Services Commissioner, represented by barrister Rachael Taylor, submitted MacCallum - who has more than 20 years experience - should be struck off the roll, or alternatively should be banned for five years and then allowed back to work while supervised for a further five years - and not as principal of a law firm.
When back working under supervision he should complete hair follicle drug testing, Ms Taylor suggested.
Patrick McCafferty KC, counsel for MacCallum, told the tribunal he did not refute the suggestion that MacCallum’s decision to drive his criminal client, Mitchell Armstrong, to Labrador to buy an 8-ball (3.5 grams) of cocaine then consume some of it with Armstrong, was professional misconduct.
MacCallum, who was a principal lawyer at MacCallum Maloney Lawyers since 2012, waited in the car and when Armstrong returned, MacCallum bought $1100 of cocaine on “tick” and the pair had a “bump” together, while discussing the purity and quality of the cocaine.
But Mr McCafferty argued his client had been drug free for five years and the snorting cocaine with Armstrong within minute of leaving court was an “aberration”.
Mr McCafferty told the tribunal that when MacCallum was charged with five counts of drug possession committed over the course of six months in 2020, it was the catalyst for him getting help for previously undiagnosed attention deficit hyperactivity disorder and post-traumatic stress disorder and his drug addiction.
MacCallum has now rehabilitated, the tribunal heard.
MacCallum drove Armstrong in his Range Rover from the Supreme Court in Brisbane to the Gold Coast when he was given immediate parole for drug offences on May 18, 2020.
On the way they stopped in Labrador to pick up the drugs.
“We’ll enjoy the trip to Labrador - nose is ready,” Armstrong said, in a conversation covertly recorded by the Crime and Corruption Commission who had bugged MacCallum’s car.
“Ah, yeah can we get a ball? Can we get a ball? Right now? Are you gonna be home all afternoon?” court documents state Armstrong said on the listening device.
Ms Taylor described MacCallum’s decision to take drugs with his criminal client as “incomprehensible”.
MacCallum told QCAT in evidence that his actions on May 18 were “abhorrent” and “unprofessional” and “criminal”.
He was consuming cocaine over that two years from 2018 to 2020 on the weekends when he was not working, he told the tribunal.
“If I had not consumed for ten to 12 days it became overwhelming the craving,” MacCallum told QCAT.
In 2021 Armstrong was sentenced to four-and-a-half years in prison for cocaine trafficking after his activities were discovered by CCC investigators during operation Jackal.
Weeks after the May 18, 2020, incident, police searched MacCallum’s Broadbeach home where they found a line of white powder, rolled up $5 notes and an American Express credit card coated with white substance on his bedside table.
In 2023 MacCallum pleaded guilty to five counts of drug possession in Brisbane Magistrates Court.
He was convicted for possessing drugs on May 18, 2020 and sentenced to three months’ prison suspended for a year.
For the remaining four drug offence charges he was handed a $2,500 fine.
Justice Martin Burns told today’s QCAT hearing that MacCallum’s actions were “brazen”, a description which Mr McCafferty said his client accepted.
The tribunal deciding MacCallum’s fate is made up of Justice Burns, a Supreme Court judge, with assistance from Keith Revell, a lay member of the lawyers QCAT Tribunal; and lawyer and former Queensland Law Society president Elizabeth Shearer.
The trio have adjourned to hand down their decision at a later, unspecified, date.
Originally published as Lawyer Campbell MacCallum faces strike off from profession