The Trials of Justice Murphy

An interesting mix of legal and political history, this book delves into the story of how it came about that Lionel Murphy, one of Australia’s most senior judges, was once accused of putting his freedom, and the reputation of the High Court, in jeopardy to help a friend.

by Stephen Walmsley (Author)

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Book:Paperback
ISBN/ISSN: 9780409345414
Release Date: November 01, 2016
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ISBN/ISSN: 9780409345421
Release Date: November 01, 2016
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Product description

October 2016 marks thirty years since the death of former High Court Justice Lionel Murphy, a controversial legal and political figure who despite his many achievements is perhaps best known for being charged with attempting to pervert the course of justice.

The book takes an in-depth look at the unique story of how Murphy, a High Court judge at that time, was charged with serious criminal offences, found guilty of one and subsequently sentenced to imprisonment. The book examines the first trial in depth, turning then to the appeal and second trial, at which Murphy was acquitted. Facing a further inquiry, Murphy was diagnosed with a terminal illness, but controversially returned to sit as a judge, delivering his last judgments just an hour before he died.

Follow the fascinating story of how it came about that one of Australia’s most senior judges was once accused of putting his freedom, and the reputation of the High Court, in jeopardy to help a friend.

Book Review - The Law Society of Tasmania

Features

  • Discussion of conduct of trials, including some legal and practical aspects of advocacy and evidence
  • A fascinating look into one story of Australia’s political and legal history

Related Titles

Field, Crimes That Shaped the Law, 2015
Howard, R v Milat: A Case Study in Cross-Examination, 2014

 

Featured Authors

Stephen Walmsley

Stephen Walmsley

Stephen Walmsley is a retired judge. Practising in both Sydney and Canberra, he has had a long and successful legal career, becoming a solicitor in 1970, a barrister in 1981, and taking silk in 1997. In 2001 he was appointed a judge of the District Court of New South Wales, later presiding over many criminal and civil trials. At various times he has served as an acting judge of the Supreme Court of New South Wales and of the Supreme Court of the Australian Capital Territory. He has also written extensively in the field of professional liability.

View all books by Stephen Walmsley (1)

Table of contents


     
  1. Background to the Story 

    2.  
  2. The Main Crown Witness: Clarrie Briese, the Lutheran from Trungley

    3.  
  3. Morgan Ryan’s Dinner Party: Briese Meets Murphy

    4.  
  4. The Age Tapes: Allegations Against a Judge

    5.  
  5. A Senate Inquiry

    6.  
  6. An Allegation Against Another Judge

    7.  
  7. The Pope’s Jockey Saddles Up

    8.  
  8. A Second Senate inquiry

    9.  
  9. Murphy is Charged

    10.  
  10. The Committal Hearing

    11.  
  11. A High Court Judge is Committed for Trial

    12.  
  12. The Trial: Part 1 — The Beginning

    13.  
  13. The Trial: Part 2 — The Crown Case

    14.  
  14. The Trial: Part 3 — The Defence Case

    15.  
  15. The Trial: Part 4 — Character Witnesses

    16.  
  16. The Trial: Part 5 — Addresses and Summing Up

    17.  
  17. The Verdicts

    18.  
  18. The Public Discusses the Verdicts

    19.  
  19. Some Press Observations on the Trial

    20.  
  20. The Jurors Respond to Critics

    21.  
  21. Jury Disclosures Become Part of the Case

    22.  
  22. An Interlude: The Law About Jury Disclosures

    23.  
  23. Murphy Becomes a High Court Litigant

    24.  
  24. The Sentencing Hearing

    25.  
  25. A High Court Judge is Sentenced to Imprisonment

    26.  
  26. The Foord Trial

    27.  
  27. Murphy’s Appeal

    28.  
  28. Murphy is Granted a Retrial

    29.  
  29. Murphy’s Second Trial

    30.  
  30. The Final Verdict and its Aftermath

    31.  
  31. Murphy’s Dock Statement Has Other Repercussions

    32.  
  32. A New Inquiry

    33.  
  33. Murphy’s Last Judgments and His Death

    34.  

 
Appendix 1: Chronology of events

 
Appendix 2: 'Proved misbehaviour': Section 72 (ii) of the Constitution

 
Appendix 3: The McClelland ‘perjury’ confessions
 

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