How details of Magill case came to light
ADAM Magill's lawyers vigorously opposed the release of court documents containing allegations of serious criminal activity, claiming they would breach his privacy if made public.
Following a two-day hearing in the Brisbane Magistrates Court, News Queensland yesterday won the right to publish the Crime and Corruption Commission's objection to bail affidavit surrounding the solicitor's criminal charges.
Contents of the documents, which detail how the high-profile lawyer allegedly sourced cocaine from crooks, partied with them at strip clubs and asked clients to send nude photographs, are revealed for the first time today.
Magill, a former Queensland police officer, was in October charged with aggravated fraud, falsification of records and money laundering after being arrested following an 18-month investigation by the corruption watchdog.
He has indicated he will fight the charges.
Causing delays and stretching the application across two days, Magill changed legal teams during the hearing after one of them cited a conflict of interest.
Defence barrister Joshua Fenton opposed The Courier-Mail's application for access to the affidavit, claiming it contained "scandalous" assertions, which did not relate to the charges.
He also said publication of allegations would be an abuse of process.
Mr Fenton argued previous reporting of the fact Magill fathered a love child with former client Ivan Tesic's ex-fiancee was sexist.
He told the court he was unable to question journalists over their conceptions of fair and accurate reporting and conversations they may have had with police officers about the affidavit.
The Courier-Mail offered to provide evidence, but magistrate Penelope Hay noted a formal application had not been made by Mr Fenton to cross-examine journalists.
Lawyer for The Courier-Mail, Sophie Scott, told the court access to the document was in the public interest and Magill had previously spoken to the press about personal matters.
She said it was "disingenuous" to now ask for privacy in the matter.
In releasing the affidavit, Magistrate Hay noted no objection had been made during Magill's bail application.
" … the Crown's evidence against the defendant can only be described as very strong," she said.
"All allegations in the summary of facts and the objection to bail are derived from witness statements, emails, text messages and other … data extracted from the defendant's phones, documents obtained from (law firm) Lawler Magill … and Legal Aid Queensland … that is, in my view, the final nail in the coffin to the defendant's contention before this court today as to why the material should otherwise be treated as an abuse of process.
"Taking a higher-level view, really what is relevant is whether or not the provision of this document … is relevant to enabling the media to report fairly on what was before the court at the bail application. In my view, it would."