Courtroom drama on hold as Sydney barrister Charles Waterstreet is investigated over Instagram post

THE Instagram post that brought the wheels of justice to a halt on the eve of a high-profile murder trial, and the colourful barrister who will fight the contempt allegations.

SYDNEY barrister Charles Waterstreet could face jail if he is charged with contempt over the Instagram post that brought a major criminal trial to a halt this week.

The eccentric legal eagle will be investigated by the Supreme Court registrar over an image which he denies posting on the social media app, which resulted in the murder trial against his client Glen McNamara being formally vacated just days before it was to get underway.

The trial of Mr McNamara and his co-accused Roger Rogerson will now be delayed until next year — at a huge cost to the taxpayer — after Justice Geoffrey Bellew found that one of the accused’s right to a fair trial may have had been compromised.

The pair stand accused of murdering university student Jamie Gao last year in an alleged botched drug deal at a Padstow storage unit, and have both pleaded not guilty.

Mr McNamara will now be represented by Senior Counsel Greg Smith, the former NSW Attorney-General.

Pictured in better days is Mr Waterstreet with fellow counsel George Thomas, acting for his client’s co-accused, outside the Darlinghurst courts last month. Picture: John Grainger

While the image that brought the trial to a halt — and its caption — cannot be published, news.com.au understands that it appeared on an Instagram account in Mr Waterstreet’s name in the early hours of August 7 and featured Mr Waterstreet with another male near the Darlinghurst court complex.

Mr Waterstreet became a household name as the inspiration for the television show Rake that aired from 2010 until last year.

If he is charged and convicted of contempt, the case would appear to be life imitating art.

His fictional counterpart, brilliant but self-destructive Cleaver Greene (played by Richard Roxburgh) faced criminal charges in the show’s second season and languished in jail during the third.

Contempt of court is a crime that can attract a custodial sentence, however Mr Waterstreet is yet to be charged with an offence — and denies posting the image or accompanying caption on Instagram.

The real-life rake is known for his colourful social media posts, starring a bevy of young law school beauties whom he refers to as “Charlie’s Angels”, and was immortalised in this year’s Archibald Prize-wining portrait by Nigel Milsom.

‘Charlie’s Angel’ Syan Olsen is pictured with model and DJ pal Georgia Sinclair, enjoying a beverage at Mr Waterstreet’s chambers last year. News.com.au understands Ms Olsen no longer works for the barrister.

Archibald Prize winner Nigel Milsom shares a close bond with his subject.

The artist described his subject as being almost “a mythical creature” after winning the prestigious $100,000 prize last month, describing how the pair became “like Siamese twins” while preparing for Milsom’s sentencing for a 2012 armed robbery, which Milsom committed with his drug dealer while high on a cocktail of ice, heroin and pain medication.

Mr Waterstreet also sat for the late Adam Cullen, whose portrait of him was a finalist in the 2011 Archibalds, and now hangs in his apartment. The barrister represented Cullen in a drink-driving and firearms matter not long before his 2012 death.

Mr Waterstreet often uses the faux location tag “Kings Cross brothel” in posts uploaded while out and about or at his apartment.

The barrister’s Instagram account is a curation of his colourful exploits.

Richard Roxburgh as Cleaver Greene and Adrienne Pickering as Missy in Rake.

When Rake first aired in Australia, Mr Waterstreet delighted in having his eccentricities brought to life on the small screen.

The series closely modelled on his real-life relationships with his son, ex-wife and lovers, including law student and sex worker Missy, along with his addictions and mental health struggles.

So true to reality was the show that Mr Waterstreet sued the producers of the American version for a better cut of Rake’s licensing rights, after initially being offered $15,000. The parties reached a confidential settlement in 2013.

The original Rake was a runaway success in Australia and Mr Waterstreet was credited as co-creator, although he is understood to have had little creative input — apart from being the living inspiration for its central character.

Originally published as Courtroom drama on hold as Sydney barrister Charles Waterstreet is investigated over Instagram post