Fed: "No case to answer" Einfeld's lawyers say

AAP General News (Australia)
12-12-2007
Fed: "No case to answer" Einfeld's lawyers say

By Amy Coopes

SYDNEY, Dec 12 AAP - A jury would not be satisfied former Federal Court judge Marcus
Einfeld was behind the wheel of his car when it was booked committing traffic offences,
his lawyers say.

Einfeld will learn tomorrow whether he will stand trial on 14 charges including perjury,
perverting the course of justice and traffic offences.

The former judge and human rights advocate has been facing a committal hearing in Sydney's
Downing Centre Local Court.

The 69-year-old is accused of making false statements and lying on oath that other
people - including a friend he knew to be dead - were driving his car when it was caught
speeding or running a red light four times between 1999 and 2006.

His barrister, Ian Barker QC, today urged Deputy Chief Magistrate Helen Syme to discharge
the case, saying there was not enough evidence Einfeld was behind the wheel on any of
the four separate occasions.

"We say, in effect, there is no case to answer," Mr Barker said.

"A jury could not be satisfied that Mr Einfeld was driving the car.

"We say all these charges fail as a matter of law."

Were the jury not convinced Einfeld was driving, they must also acquit him of the perjury
charges, Mr Barker said.

The high-profile hearing took on a celebrity flavour today when Sky News presenter
John Mangos gave evidence for the prosecution.

Mr Mangos said he ran into Einfeld at the beachfront restaurant, Pilu, at Freshwater
on January 8 last year between 3.30 and 4pm.

Einfeld's car was booked speeding at Mosman, some 10km away, at 4.01pm.

But the former judge later swore on oath he had loaned his car to a friend and was
driving his mother's car.

Einfeld's lunch companion that day, Vivian Schenker, told police he picked her up in
his silver Lexus, retracting her earlier statement he was driving Rosa Einfeld's car when
confronted with evidence to the contrary.

Mr Mangos said Einfeld approached his table some time between 3.30pm and 3.56pm, when
the TV presenter paid his bill.

They spoke for about five minutes, recounting the day they met at Cairo Airport, en
route to Israel, 25 years ago.

Mr Mangos said they talked about his upcoming trip to Israel and planned choice of
hotel in Jerusalem.

"I told him `this time I'm fulfilling my ambition to stay at the King David' and he
congratulated me on my choice of hotel," Mr Mangos said, to laughter in the court.

Pilu manager Grant Burtenshaw said Einfeld paid his $163.35 lunch bill at 3.34pm, and
the table was closed on the computer system at 3.40pm.

"It doesn't mean they had left the restaurant," Mr Burtenshaw told the court, which
was crowded with Einfeld's family and friends.

Lawyers say timing is "critical" to putting Einfeld in his car and at the Mosman speed
camera at the relevant time.

Lawyers for Einfeld's co-accused, Angela Liati, closed their case today.

Liati, who has allegedly never met Einfeld and has no connection with him, is accused
of perverting the course of justice by making a false statement that she was with a "Theahresa
Brennan" in his car on January 8.

Kieran Ginges said there was no evidence to show there was a police investigation on
foot, or any "course of justice" to pervert, when Liati made her statement to Einfeld's
lawyers on August 14.

Prosecutors allege Liati made the statement in the wake of widespread publicity about
the case in an attempt to help Einfeld.

She too will learn her fate tomorrow.

AAP ajc/hn/sp

KEYWORD: EINFELD NIGHTLEAD (PIX AVAILABLE)

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