Bent coppers case dead in the water

"Sir" Terence Lewis’ attack on his old legal team tossed out. Bent Queensland police chief loses action against his solicitors ... March 2005 

Terence Lewis, a corrupt former Queensland Commissioner of Police has failed in his bid to sue three solicitors (two living and one dead) – for losing his appeal back in 1991.

Readers will recall that “Sir” Terry, as he once was, had been convicted of a number of criminal offences – 15 actually – involving “official corruption” and was sent to the slammer in August 1991. [Here he is snapped for a previous edition of Justinian.]

An appeal was quickly lodged, heard in February 1992 and resoundingly dismissed in August that year.

Thirteen years later “Sir” Terry thought he might have a go at the legal team who represented him. This was rather ambitious, since both his instructing solicitor at the time, Rick Whitton and his appeal counsel S.E. Herbert QC have since kicked the bucket.

Undeterred, Terence went for the two solicitors still breathing; Ian Hillhouse and David Burrough, former partners of the law shop that represented Lewis at his trial and his appeal. [The estate of Whitton was a third defendant, but interestingly Herbert’s estate was not sued.]

The old grafter alleged there was a miscarriage of justice because the solicitors failed to argue that certain evidence – “evidence of systemic corruption in the Queensland Police Force” – was wrongfully admitted at his trial. Also the firm failed to tell him they weren’t going to argue it.

Lewis’ position was a gorgeously simple one: if the firm had argued the wrongful admission case, his conviction would have been quashed “unconditionally” or a new trial ordered. He would presumably be free to enjoy the myriad pleasures of the Sunshine State.

The defendants argued the crooked copper’s action against them was an abuse of process because it involved “a collateral attack on the plaintiff’s conviction and so is contrary to public policy”.

Further, they argued that they were not obliged to take the steps pleaded by the plaintiff.

Justice Moynihan wasted no time pondering the imponderables, tossing Sir Terry’s case well and truly out.

“An action claiming that an advocate has been negligent in criminal proceedings will be struck out as an abuse of process so long as the criminal conviction stands. Only if the conviction has been set aside will such an action be normally maintainable.”

So there.

N.B. Sir Terence Lewis should not be confused with this organ’s revered Queensland correspondent, Sir Terence O’Rort.