By Erin Pearson
Two Melbourne lawyers accused of lying to a magistrate with a “little sob story” about a client’s car accident that never happened are to stand trial on charges of attempting to pervert the course of justice.
Zoe Davis, 35, and Rachelle Badour-Taha, 26, faced Melbourne Magistrates’ Court on Tuesday when magistrate Leon Fluxman found there was sufficient evidence for them to stand trial before a County Court jury.
Zoe Davis outside court on Tuesday.Credit: AAP
Prosecutors allege Davis was overseas when she instructed Badour-Taha as her junior colleague was making her first in-court appearance for a client who was due to appear at Frankston Magistrates’ Court on September 26, 2023.
Davis – who ran law firm ZD Legal at the time – is accused of texting Badour-Taha to “make up a reason why” the client was unable to be at court at 11am that day. Prosecutors say Badour-Taha wasn’t in court when the client’s case was called at 11.15am, but she was told by the magistrate an hour later that a warrant would be issued for the client’s arrest for failing to appear.
At 1.35pm that day, Badour-Taha allegedly texted Davis: “[the client] can’t make it because they’re at work so I’m going back in and give my little sob story and hope he [the magistrate] gives me the f---ing adjournment”.
Prosecutors allege Davis and Badour-Taha attempted to pervert the course of justice by concocting a lie that their client was unable to attend court due to being in a car accident.
Davis (left) and Rachelle Badour-Taha in July 2024.Credit: Chris Hopkins
“Badour-Taha … was told to make up a reason and she did,” Fluxman said on Tuesday.
“She was instructed to lie and she did lie.”
Rachelle Badour-Taha.
Davis and Badour-Taha are also accused of supplying a false medical document to the Frankston court on the same day to avoid a warrant being issued for their client.
Fluxman on Tuesday dismissed charges of perverting the course of justice, but committed Davis and Badour-Taha to stand trial on charges of attempting to pervert the course of justice and using a false document.
Davis pleaded not guilty to five charges, including one of perverting the course of justice over the alleged use of a false document in a Melbourne courtroom in August 2022. Badour-Taha pleaded not guilty to three charges.
The women face being jailed if found guilty, the court heard.
Davis and Badour-Taha had their bail extended after they were committed to trial. Their lawyers opposed conditions that they be prevented from leaving the state or country while on bail.
The magistrate agreed, and ordered Davis and Badour-Taha to live at addresses known to police and attend the County Court next month for a directions hearing.
“I’m directing you for trial,” Fluxman told them. “I note your committal plea of not guilty.”
The client the lawyers were acting for has not been charged.
Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.