Lionel Murphy faced forced exit from High Court

Lionel Murphy was facing removal from the High Court when his lawyers were served with a torrent of serious allegations.

Former Whitlam government attorney-general and High Court judge Lionel Murphy. Picture: National Archives of Australia

Lionel Murphy was headed down the path of becoming Australia’s first High Court judge to be forcibly removed when his lawyers were served with a torrent of serious allegations — among them that he attempted to bribe police officers, encouraged the intimidation or harming of several ­people and improperly used his ­influence to help Sydney organised crime boss Abe Saffron win lucrative business contracts.

Documents released yesterday after being kept secret for more than 30 years — show how a parliamentary commission that examined fresh allegations against Murphy — after he was acquitted of charges of perverting the course of justice — believed that his conduct amounted to judicial mis­behaviour.

Allegations put to the then High Court judge and former Whitlam government attorney-general in 1986 included that he had a close relationship with ­Saffron, which extended to being a ­silent partner in a King’s Cross nightclub, the Venus Room.

Other documents released yesterday go further, with allegations Murphy was at risk of blackmail after “receiving sexual favours from women” supplied by Saffron or one of his associates.

The inquiry headed by three ­retired judges — who were ­required to advise federal parliament whether Murphy’s conduct amounted to “proved misbehaviour” under section 72 of the Constitution — was called off midway through in August 1986 after it was confirmed he was dying of cancer.

But at least 14 detailed allegations that the commission served on lawyers for Murphy, who died in October that year, confirm it believed he had a serious case to answer for “conduct contrary to the standards of judicial behaviour”, bringing himself and the High Court into disrepute and “putting his own interests above the court”.

The documents, covering almost 6000 pages, present a disturbing picture of Murphy by airing claims that, at the alleged urging of Sydney solicitor Morgan Ryan, he influenced NSW premier Neville Wran to appoint Wadim Jegorow to the Ethnic Affairs Commission, and to ensure a lease over Sydney’s Luna Park went to Saffron. Both times Murphy allegedly went back to Mr Ryan and told him “the representations had been ­successful”. A recurrent theme in allegations put to Murphy by the commission seeking response, and in other documents, is the late judge’s close relationship with Mr Ryan, including new claims that he tried to influence a criminal trial for Mr Ryan by speaking to NSW chief District Court judge Jim Staunton.

Another former judge, Jim McClelland, has previously said Murphy asked him to speak to Staunton about Mr Ryan’s case.

A key allegation the commission put to Murphy was that he ­attempted to bribe a federal police officer, Don Thomas, during a lunch in 1979 that Mr Ryan also attended, by suggesting Murphy could arrange for Thomas to be promoted to assistant commissioner if Thomas provided covert information. “We need somebody inside to tell us what is going on,” Murphy is alleged to have said.

Solicitor Morgan Ryan, a longtime friend of Lionel Murphy. .

Murphy is also alleged to have agreed to investigate the possibility of bribing two Australian Federal Police officers, James Lewington and Robert Jones, at the request of Mr Ryan in 1980. According to a tapped phone conversation, Mr Ryan is alleged to have asked Murphy if the “two fellows” were “approachable”. Murphy is reported to have replied “the answer was definitely no; they were both very straight”.

Among the extraordinary claims the commission served on Murphy were that he agreed with Mr Ryan and Saffron that Saffron arrange for lawyer Danny Sankey to be “improperly and unlawfully intimidated” to pressure him to drop legal action in 1976 against Murphy and others; and that Murphy “urged or encouraged” Mr Ryan in 1979 and 1980 to “cause harm” to David Rofe, a Sydney barrister acting for Mr San­key.

Documents released yesterday include a letter sent to Murphy in March 1986 by Don Stewart, the royal commissioner into drug trafficking and illicit police phone surveillance, that asked for his response to seven specific allegations based on information from phone taps. Stewart raised a 1979 phone call in which Murphy told Mr Ryan of problems encountered by a neighbour and Chinatown ­casino operator, Robert Yuen, who he said had been paying a senior NSW police detective money and yet was still subject to police action over his illegal casino.

“This is a disgraceful turnout,” Murphy said, adding that he ­wanted to talk to “N” about it.

Stewart also asked Murphy about the alleged request from Mr Ryan to help Saffron secure the Luna Park lease, prompting Murphy to say “leave it with me”. Murphy again said “leave it with me” in 1980 when Mr Ryan sought help to secure a Central railway station remodelling contract for Saffron.

Sydney organised crime boss Abe Saffron.

Other allegations raised with Murphy by Stewart included the Ethnic Affairs appointment by Wran, the possibility of bribing the two AFP officers, the attempt to bribe Thomas and how Mr Ryan allegedly had intended to threaten Milton Morris, who was repaying a debt “in a way that was defrauding the tax department”.

Thousands of commission documents that include the 14 key allegations sent to Murphy have remained secret since 1986 because a Hawke government law that repealed the commission decreed that all information must remain “Class A” confidential for 30 years. Their release yesterday revived highly charged debate about the controversial judge.

While Murphy critics claim the publication of scandalous allegations is important to help resolve unanswered questions, others disagree. Murphy’s barrister son Cameron yesterday branded the release “disgraceful mudslinging” that served no public interest and caused unnecessary anguish by airing untested allegations his father had been too ill to respond to.

Mr Murphy said no inquiry would normally release allegations that it had rejected as baseless or ridiculous, including that his father was a Soviet spy, behaved unethically by taking his wife to a film festival and had misbehaved by issuing too many ­dissenting judgments. Besides dismissing the spy claim, the commission rejected a claim Murphy had wanted a Sydney criminal, Stephen Bazley, to “knock out” crime boss George Freeman. It concluded Bazley lacked any credibility.

Of 41 allegations the commission considered, it dismissed 21. While 14 allegations were served on Murphy’s lawyers for a response, another claiming he had procured the diaries of magistrate Clarrie Briese was not served because the commission shut down.

Bob Hawke, who set up the commission, declined to comment yesterday. Paul Keating, then treasurer and previously a Murphy colleague in the Whitlam government, also did not comment.