CCC says lawyer had chance to come clean

Make: NIKON CORPORATIONModel: NIKON D3SDate/Time: 2010:10:23 12:58:46 Source: PerthNow

THE WA lawyer who was secretly recorded telling the man at the centre of the City of Stirling corruption scandal to "get rid" of evidence has received a 12 month suspended sentence.

Trevor Howard Brickhill today admitted to telling his former client, the City of Stirling employee who took his own life before Corruption and Crime Commission hearings into the saga began, to wipe his home computer as well as transfer property out of his name to avoid it being confiscated.

He also admitted to giving misleading testimony during the hearing in November 2010.

Mr Brickhill, a civil lawyer with more than 20 years' experience and the managing partner of his own firm, was secretly recorded by CCC investigators in June 2010.

In the recorded conversation, which was played to the court, Mr Brickhill told the man, who was not his client at the time, that he should “get rid” of his computer as well as any financial records that could be used as evidence against him.

The comments were made following a meeting with the man’s wife and father earlier.

He also advised the man, who was accused of misappropriating council funds and receiving an estimated $544,000 in kickbacks from contractors he awarded work to, to see another lawyer about transferring his farm and home out of his name.

During the sentencing hearing in Perth Magistrate’s Court today, Mr Brickhill’s lawyer Phillip Urquhart told the court his client had made a “serious error of judgment” which was completely “out of character” and that he was genuinely remorseful about his actions.

He said the father of three had suffered incredible shame over the incident and his 25-year professional reputation had been “decimated”.

And while his client accepted he gave misleading testimony, Mr Urquhart likened the tactics used by the CCC to catch his client out as being tantamount to “entrapment”.

He said while he did not like to use that word, the fact that Mr Brickhill was unaware he had been recorded and was then asked questions relating to that recording meant he was bound to incriminate himself.

“He was drawn into the contradictions he had made,” Mr Urquhart said.

He also added that his client never instigated the discussion about wiping the computer drive, saying it was the man’s wife who had actually asked if she could do it.

But Theo Lampropoulos, who was representing the CCC, said it was clear Mr Brickhill had told her to do it. He said in the phone conversation Mr Brickhill said the computer has “got to go”. He later tells the man he should “get rid of your computer and get rid of these records”.

“It can’t be suggested he was a reluctant participant,” Mr Lampropoulos said. “He counselled the wife to destroy it. He had the intention of preventing it from being effectively used in evidence.”

Mr Lampropoulos also rejected the suggestion the tactics used by the CCC resembled entrapment, saying Mr Brickhill was fully aware of the seriousness of giving misleading testimony when he took his oath.

He also said investigators were not privy to the details of the meeting held between Mr Brickhill and the man’s wife and his father and needed to ask a range of questions to see if any more meetings had been held.

“To suggest there was some kind of entrapment involved is unrealistic,” he said.

“He was well and truly put on notice about the seriousness of telling the truth. The accused was given adequate opportunity to come clean.”

Mr Lampropoulos said by giving deliberately misleading testimony, Mr Brickhill undermined the effectiveness of the investigation, which almost amounted to a form of “perjury” and by counselling a person to destroy evidence “directly interfered” with the investigation and was an attempt to pervert the course of justice.

In handing down his decision, Magistrate Richard Bromfield said he was obligated to give him an 18-month sentence but would reduce it to 15 months because of his good standing.

He then said he took into account his guilty plea and further reduced it to 12 months and ordered that the sentence be suspended for 18 months.

With regards to giving misleading evidence, he fined Mr Brickhill $10,000 and order he pay costs of $3500.

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Miners' underground dance harmless, says lawyer

WA miners performing the Harlem Shake. Picture: YouTube Source: Supplied

A group of work mates have lost their jobs doing the Harlem Shake while on duty. Courtesy Today Network Nine

THE lawyer for one of the sacked "Harlem Shake'' miners who broke into a dance craze in a WA underground mine says the 30-second dance that cost 15 employees their lucrative jobs did no harm.

West Australian mining contractor Barminco made worldwide headlines earlier this week when it sacked more than a dozen workers from the Agnew gold mine after their YouTube version of the internet's latest dance craze went viral.

Citing safety issues, Barminco sparked a national debate as to whether they were heavy handed in sacking the employees, posting on its company Facebook page that ``safety takes unconditional priority at all times ... and we will not make any exception to this''.

Barminco said rigid safety rules were needed in the inherently hazardous underground environment.

It has been revealed one of the sacked miners, Stephen Dixon, had referred his case to Fair Work Australia.

His lawyer John Hammond has told Fairfax Radio his case will focus on whether the men breached safety regulations.

Those taking part had considered safety before making the video, and had performed it during a meal break, Mr Hammond said.

"Around town, opinion seems to be very, very split as to whether or not these miners should have been sacked,'' he said.

"In making these comments I am talking about what people think politically. Everywhere you go people are discussing whether it was right or wrong for the company to have sacked those who engaged in what was a 31-second dance.

"Mr Dixon did consider safety. They left their steel capped boots on, they left their headlamps on and left the self-rescuers on before they engaged in the Harlem Shake.

"Doing a dance on the spot, jumping up and down gyrating, to me personally, was not a harmful act.''

Mr Hammond said 14 or 15 men had been sacked over the dance, eight who actually danced and six or seven who watched.

He said no one would disagree with Barminco that safety was paramount in mining, but it was yet to be seen whether the men contravened any safety requirements.

Mr Dixon said he was a dedicated worker, not a clown, and the workers had been anxious about their job security when they performed the dance to "let off steam''.

More than 10,000 Harlem Shake videos - based on the track by electronic musician Baauer - had been posted online by the middle of last month. The internet "meme'' was originated by five teenagers from Queensland, registered on YouTube as TheSunnyCoastSkate.

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