Philip Dunn (lawyer)

Last updated
Phillip Dunn
KC
Alma materUniversity of Melbourne
OccupationBarrister
Known forCriminal Law

Philip K Dunn KC is an Australian barrister known for his extensive experience in criminal law. He holds an LLB from the University of Melbourne and has been practising law for over five decades. Philip Dunn was admitted to practice law on 1 March 1968 and signed the Bar Roll on 13 February 1969. Early in his career, he read law with the distinguished barrister, jurist and Governor of Victoria, James Gobbo. [1] He was appointed as Queen's Counsel (QC) on 5 December 1995, a title now known as King's Counsel (KC)

Contents

Notable cases

Lowery and King Case: The Lowery and King case in 1972 was a notorious murder trial in Warrnambool, Victoria, where Philip Dunn and Phil Cummins served as junior barristers. The case involved the brutal murder of a young girl named Rosalyn Nolte. Due to the horrifying nature of the crime, the defense team faced significant hostility from the local community, including having to stay thirty miles away from Warrnambool because no local accommodation would accept them. Despite the challenging environment, the trial progressed with Dunn and Cummins working diligently under senior barrister Harry Ogden, who played a pivotal role in guiding them through the case. [2] [3]

Margaret Frances Glasheen Case: The Margaret Frances Glasheen case was one of Philip Dunn's early criminal trials in the 1970s. Glasheen, a prostitute, was accused of luring a punter into a situation where her minder would rob him. The defence centred around identity, but during the trial, Dunn's cross-examination inadvertently confirmed her presence at the scene. The defence shifted to duress, arguing Glasheen was coerced. Despite the challenges, Dunn successfully achieved an acquittal for Glasheen. [1]

Grollo, Flanagan, and Howard Conspiracy Case : The Grollo, Flanagan, and Howard conspiracy case in 1997 was a significant legal battle involving high-profile defendant Bruno Grollo, and Robert Charles Howard and Major John Flanagan. Philip Dunn represented Major John Flanagan, an ex-Commando known for his dramatic and unconventional behaviour, such as bivouacking on top of the County Court building during the trial. The trial was notable for its complexity and duration, ultimately resulting in the acquittal of all three defendants on conspiracy charges. [1] [4]

The Great Bookie Robbery : In the 1970s, Dunn defended Norman Lee in the infamous Great Bookie Robbery case, where a gang of thieves stole between $14 and $16 million from bookmakers in Melbourne. This heist became one of Australia's most notorious crimes due to its scale and the audacity of the operation. Dunn's defence efforts led to Lee's acquittal in the trial. However, Lee's life came to a tragic end when he was later killed during an attempted robbery of a payroll truck by the Special Operations Group. [5] [6]

The Lockwood and Avon Trial: In 1994, Dunn, alongside Robert Richter KC, defended Detectives Steven Lockwood and Peter Henry Avon in a high-profile trial related to the Walsh Street police murders. The case revolved around the controversial killing of two police officers, Constables Steven Tynan and Damian Eyre, in 1988. Lockwood and Avon were accused of murdering Gary Abdallah in retribution for the officers' deaths. The trial was intensely scrutinized due to its implications on police conduct and justice in Australia. Dunn successfully achieved acquittals for both Lockwood and Avon. [7] [8]

Gary Ablett Senior - Drug Offences: In 2002, Dunn defended AFL legend Gary Ablett Senior, who faced drug charges following the overdose death of Alisha Horan. The case attracted significant media attention due to Ablett's high profile and the tragic circumstances surrounding Horan's death. Ablett admitted to using heroin and ecstasy with Horan on the night she died. Despite the gravity of the situation, Dunn secured a relatively lenient outcome for Ablett, who was fined $1500. [9] [10] [11]

Warren Anderson - Animal Cruelty Case: In 2004, Dunn represented Warren Anderson, a wealthy businessman, in a high-profile animal cruelty case. Anderson faced accusations of starving his hippopotamus at his Northern Territory property, Tipperary Station. The case drew significant media attention due to Anderson's prominence and the unusual nature of the allegations. Dunn's defence navigated the complexities of animal welfare laws and aimed to mitigate the damage to Anderson's reputation. [12] [1] [13]

Melbourne Gangland Wars : In 2007, Philip Dunn defended Carl Williams, a notorious figure in Melbourne's gangland wars, which had gripped the city with a series of violent confrontations and high-profile murders. Williams faced multiple charges, including several murders and conspiracy to murder, and was ultimately sentenced to life imprisonment. [14]

Mick Hawi - Sydney Airport Killing: In 2009, Dunn represented Mick Hawi, the former Comanchero bikie boss, in a high-profile case following a violent brawl at Sydney Airport. The incident, which resulted in the death of a rival gang member, led to significant media coverage and legal scrutiny. Hawi was initially convicted of murder, but his conviction was later overturned on appeal. [15] [16]

Sekonaia Vave - Drive-by Shooting: In 2017, Dunn successfully defended Sekonaia Vave, who was acquitted of murder and attempted murder charges stemming from a drive-by shooting incident. The case involved the shooting death of Ikenasio Tuivasa and the injury of another individual, Reza Amir, outside a Melbourne pool hall. Dunn's defence was instrumental in demonstrating that the police had relied excessively on Amir's testimony while disregarding independent evidence, leading to Vave's acquittal. [17] [18]

Erin Patterson - Leongatha Mushroom Poisoning : In 2023, Dunn initially represented Erin Patterson, who faced multiple charges of murder and attempted murder in connection with a mushroom poisoning case in Leongatha, Victoria. The case involved the deaths of her former parents-in-law and her estranged husband’s aunt, along with the attempted poisoning of two other individuals. The legal proceedings were notable for their complexity and the severe nature of the allegations. However, her legal representation later changed to barrister Colin Mandy SC, with Dunn no longer involved in the case as it progressed. [17] [19] [20]

The Easton Affair : Dunn defended Carmen Lawrence during her perjury trial related to the Easton Affair. Lawrence, a former Premier of Western Australia, was accused of giving false testimony regarding her knowledge of a controversial petition linked to the death of Penny Easton. The petition, alleging misconduct by Easton’s estranged husband, led to significant political fallout. Dunn's defense was successful, and Lawrence was acquitted of all charges, clearing her of any wrongdoing in the case. [21]

Foley's List interview (2016)

In 2016, Phillip Dunn participated in an extensive interview with Juliette Brodsky for Foley's List oral history project. His insights and experiences shared during the interview provided a comprehensive record of his perspectives on criminal law and the evolution of the legal profession.

On Restorative Justice:

"I’ve become an advocate for the restorative justice scheme; I think it’s a great idea. If you think about the way we deal in our criminal courts with problems in the adversary system with the Judeo-Christian moral ethic, coupled with this Dickensian system of jails where we punish, we’ll look back in a hundred years’ time and say, 'We could have done better.'" [1]

On TheProminence of the Victorian Criminal Bar:

"The Victorian criminal bar has been a very strong force for cohesion at the Victorian Bar, pro bono work, and raising standards. I think the Victorian criminal bar’s the best criminal bar in Australia." [1]

On The Impact of Trials On Victims Of Sex Crimes:

"I think it traumatises the victims; it doesn’t help convince them it’s not their fault. If you go through a process of being cross-examined, I think there’s post-traumatic stress laid on top of the victims."

In the interview, Dunn also discussed his longstanding friendship with fellow Melbourne Barrister, Robert Richter KC:

"When I separated from my [first] wife, I had nowhere to go and I finished up living in Robert Richter’s house for months. Then I got embarrassed and he bought a house two doors down and said [I] could live in it. That was very generous. I wrote out an amount every month for the rent and at the end of twelve months, my accountant said he had these twelve cheques from Robert Richter that hadn’t been cashed. I went to Robert and said 'What are you doing to me?' Robert said he didn’t know how I was travelling and he hadn’t wanted to embarrass me, so he hadn’t cashed them. He’s a very decent human being." [1]

Rational Alternative Theory (RAT)

Phillip Dunn KC has discussed his use of a method for establishing reasonable doubt called "Rational Alternative Theory (RAT)" in published interviews. [1] [22] Notably, he elaborated on this approach during an interview with Foley's List, where he explained how RAT is employed to create reasonable doubt by presenting one or more alternative explanations for the prosecution's evidence.

In the Foley's List interview, Dunn stated:

"The Crown says the only possible explanation for this set of facts is guilt. If you have a rival or rational alternative theory, then the Crown can’t prove its case beyond reasonable doubt. So what I tell my juniors is that you always look for the RAT – it’s not just a matter of attacking the Crown witnesses, it’s that rival theory that explains the facts." [1]

Professional appointments

Portrait unveiling

A portrait of Philip Dunn KC and Robert Richter KC, painted by artist Ralph Heimans, was unveiled in 2023 and is displayed at the Victorian Bar in Melbourne, in tribute to their combined contributions to the legal profession. [23]

Related Research Articles

In jurisprudence, double jeopardy is a procedural defence that prevents an accused person from being tried again on the same charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. Double jeopardy is a common concept in criminal law – in civil law, a similar concept is that of res judicata. The double jeopardy protection in criminal prosecutions bars only an identical prosecution for the same offence; however, a different offence may be charged on identical evidence at a second trial. Res judicata protection is stronger – it precludes any causes of action or claims that arise from a previously litigated subject matter.

<span class="mw-page-title-main">Acquittal</span> The legal result of a verdict of not guilty

In common law jurisdictions, an acquittal means that the prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal prohibits the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, like Australia and the UK, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction — but usually only if new and compelling evidence comes to light or the accused has interfered with or intimidated a juror or witness.

Not proven is a verdict available to a court of law in Scotland. Under Scots law, a criminal trial may end in one of three verdicts, one of conviction ("guilty") and two of acquittal.

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Sir Edward George Clarke, KC was a British barrister and politician, considered one of the leading advocates of the late Victorian era and serving as Solicitor-General in the Conservative government of 1886–1892. His legal career included representing Oscar Wilde in his disastrous prosecution of the Marquess of Queensberry for libel, and representing the plaintiff in the "baccarat case", during which Sir Edward cross-examined the Prince of Wales. He was a member of the anti-women's suffrage movement.

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Philip Mandie KC, was a judge on the Supreme Court of Victoria from May 1994 to August 2012. He was Judge in charge of the Commercial List (1995–2001), Corporations List and Victorian Taxation Appeals List (2007–2009); Chair of the Supreme Court Library Investment Committee (2002–2012), sometime member of the Supreme Court Executive Committee, Library Committee and Chair of the Supreme Court IT Committee.

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References

  1. 1 2 3 4 5 6 7 8 9 "Edited interview with Juliette Brodsky for Foley's List oral history and filmed by Elisabeth Crosbie, 22 March 2016" (PDF).
  2. ↑ "[1972] VR 939 | R v LOWERY and KING (NO 3)". Victorian Reports.
  3. ↑ Sinnott, Alex (2014-09-22). "Ex-Hamilton cop recounts grisly 1971 Mt Napier murder". The Standard. Retrieved 2024-06-19.
  4. ↑ Gurvich, Victoria (2020-06-25). "From the Archives, 1997: Bruno Grollo acquitted of conspiracy charges". The Age. Retrieved 2024-06-19.
  5. ↑ Lambert, Olivia. "Defence barrister Philip Dunn on Australia's most notorious robbery. News.com February 14, 2016".
  6. ↑ "Leongatha mushrooms accused hires Philip Dunn KC. The Australian".
  7. ↑ Silvester, John (2021-04-09). "The seven shots that took a life and changed another". The Age. Retrieved 2024-06-19.
  8. ↑ "Why big shot barrister was picked to defend accused mushroom killer. Herald Sun. 12 March 2024". 12 March 2024.
  9. ↑ "Dad breaks silence over daughter's 5-day drug binge with Ablett Snr. Herald Sun. November 5, 2018".
  10. ↑ "'Veteran' makes Australian squad". The Age. 2002-05-26. Retrieved 2024-06-17.
  11. ↑ "Ablett fined and convicted". The Age. 2002-11-14. Retrieved 2024-06-19.
  12. ↑ "Animal cruelty charge against Anderson withdrawn". ABC News. 2004-04-05. Retrieved 2024-06-19.
  13. ↑ "MP urges scrutiny over animal cruelty charges". ABC News. 2004-08-20. Retrieved 2024-06-19.
  14. ↑ "Powerful figures on Victoria's Legal Scene. Herald Sun".
  15. ↑ "Campbelltown crash". www.abc.net.au. 2018-02-16. Retrieved 2024-06-17.
  16. ↑ Harvey, Dylan Welch, Les Kennedy and Ellie (2009-03-22). "Bikie killed in Sydney Airport brawl". The Sydney Morning Herald. Retrieved 2024-06-19.{{cite web}}: CS1 maint: multiple names: authors list (link)
  17. 1 2 "Why big shot barrister was picked to defend accused mushroom killer. Herald Sun. March 12, 2024".
  18. ↑ "Man found not guilty of pool hall shooting murder". www.9news.com.au. 2023-08-21. Retrieved 2024-06-17.
  19. ↑ "Accused mushroom killer hires top notch defence lawyer". PerthNow. 2024-03-10. Retrieved 2024-06-19.
  20. ↑ "Erin Patterson accused of murder, what now?". ABC listen. 2023-11-06. Retrieved 2024-06-19.
  21. ↑ ""Carmen Lawrence Perjury Trial". ABC News. Retrieved 2024-06-10".
  22. ↑ Milligan, Louise (2020-10-23). "Bearing witness: the brutal cost of seeking justice". The Sydney Morning Herald. Retrieved 2024-06-19.
  23. ↑ "In Brief Issue #878 | Victorian Bar". www.vicbar.com.au. Retrieved 2024-06-17.
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