Pat Lennon fronts court to appeal sentence for possession of ice
A court has ruled on claims by former lawyer for Mick Gatto and Danny Nikolic that he was “framed” by police after he was found guilty and sentenced for possessing ice.
Inner South
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Embattled ex-lawyer Patrick Lennon has won an appeal against a finding of guilt for possessing ice on the basis that there were “unsatisfactory gaps” in police evidence.
The County Court on Thursday dismissed the charge of possessing 11g of ice that followed a search of Mr Lennon’s Jaguar outside Vogue apartments in South Yarra on July 13, 2020.
The Melbourne Magistrates’ Court handed him a 12-month good behaviour bond without conviction in January but he appealed the verdict in the County Court.
In court on Thursday, Judge Gregory Lyon said the steps police took to account for and tender evidence for court proceedings were unsatisfactory.
Mr Lennon and former client Hava Brandman were sitting in the lawyer’s Jaguar outside Vogue apartments in South Yarra when she pointed out an unmarked police car driving opposite them in July 2020.
Police did a U-turn before flashing their lights behind them, and Mr Lennon was subsequently charged with possessing 11g of ice.
Mr Lennon argued on appeal that the police did not have reasonable suspicion to search his car and that he may have been the victim of a police stitch up.
He said the evidence of the two police officers – detective Senior Constable Khuong Tran and detective Senior Constable Ash Janiu– was unsatisfactory.
Police also relied on a $20 note allegedly rolled up in a tight cylinder in Mr Lennon’s car as evidence but Judge Lyon said it wasn’t explained how the note could be seen in such a tight space.
Nor was the note photographed and seized, he said. Although police said in evidence that Mr Lennon was fidgety, nervous, shuffling his feet but not drug affected, the judge said that information neither appeared in police notes nor was put to him in the police interview.
Judge Lyon said the nature of the offence was relatively low and carried a maximum penalty of 12 months.
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