Lawyer Zoe Davis charged with seven offences

A glamorous Melbourne lawyer who allegedly doctored a medical document from a pregnant client to use in another case was “crying and hyperventilating” when a prosecutor questioned its authenticity, a court has heard.

Lawyer Zoe Davis (left) and her colleague Rachelle Badour-Taha, who is also facing charges. Picture: David Crosling

A glamorous Melbourne lawyer who allegedly doctored a medical document from a pregnant client to use in another case was “crying and hyperventilating” when a prosecutor questioned its authenticity, a court has heard.

Zoe Davis from ZD Legal firm fronted Melbourne Magistrates’ Court on Tuesday to contest allegations she falsified a doctor’s certificate to excuse her client, Alana Digby, from attending Frankston Magistrates Court in September 2023.

Zoe Davis from ZD Legal firm faced court on Tuesday. Picture: Andrew Henshaw

Ms Davis, 35, is also accused of submitting a false document to the Melbourne Magistrates’ Court in August 2022 to avoid a warrant being issued for her client.

A year later, on August 7, 2023, police allege she assisted a junior solicitor to mislead the Frankston court about their client’s inability to appear, falsely purporting they had been involved in a car accident.

Ms Davis has been charged with seven offences: three counts of perverting the course of justice, and two counts each of using a false document and attempting to pervert the course of justice.

Her colleague Rachelle Badour-Taha, 26, is also facing five similar charges.

Leading Senior Constable Adam Green was a prosecutor at the Frankston court when the registrar raised concerns about a Northpark Private Hospital document emailed to the court in Ms Digby’s case.

“I agreed with her that my opinion was that it was fraudulent and had been tampered with,” Sen-Constable Green told the court on Tuesday.

He later called the hospital and confirmed Ms Digby was not a patient.

He said Ms Davis approached him in his court office and asked if there was someone more senior she could speak to about it.

When he told her he would be raising it with his supervisor, he said Ms Davis began “crying and hyperventilating” and told him her client could lose her baby.

“I don’t know why you are so upset,” he said he told Ms Davis.

“If you’ve done nothing wrong, you’ve got nothing to worry about.”

Ms Digby, who had been charged with driving offences, testified that Ms Davis instructed her to contact the hospital to make an appointment after questions were raised about the legitimacy of the document.

“I trusted Zoe and her team,” Ms Digby said.

“I called up and said I’ve missed my appointment for today and I’d like to reschedule.

“She asked what my name was, and they didn’t have my name in the system. I was 5.5 months pregnant. At this point, I said this isn’t going to work.

“I said to Zoe, I don’t know what is going on but this is getting out of hand.”

On November 14, 2023, Ms Digby, represented by Ms Davis, pleaded guilty to driving while suspended and was fined and banned from driving for two months.

The next day her house was raided in what she described as a “forceful entry” and she was accused of producing a false document to the court.

“I had no idea what was going on,” she said. “It was very stressful.”

She denies ever seeing the document, or signing it, despite it purporting to have her signature on it. Ms Digby has not been charged over the fake document scandal.

Ms Davis is accused of producing the hospital document to excuse Ms Digby from attending her hearing after giving her client the wrong court date.

The document is alleged to have been provided to Ms Davis from another client, who she was representing over a drink-driving case. Both clients were pregnant at the time.

Ms Davis and Ms Badour-Taha will return to court on Wednesday where the magistrate Leon Fluxman is expected to determine if there is sufficient evidence for them to stand trial.