Lawyer ‘ready for jail'

Press, 30 August 1980, Page 8

Lawyer ‘ready for jail '

An “extraordinary and archaic” provision of New South Wales law meant that the Sydney solicitor Danny Sankey could be jailed for non-payment of costs in his private prosecution alleging conspiracy in the “overseas loans affair”, the Central Court of Petty Sessions was told yesterday. Counsel for Mr Sankey, Mr David Rofe, Q.C., said Mr Sankey was ready to go to prison for a year rather than pay the Commonwealth Government defence costs it had already paid in the case. Although the Government had already paid all its costs, the defendants had lodged claims for more than

$200,000 against Mr Sankey,] Mr Rofe said. Mr Sankey brought pri- ‘ vate prosecutions in 1975 against the former Labour; Prime Minister, Gough Whitlam, the Federal Treasurer,] Jim Cairns, and the Federal] Attorney-General, Senator] Lionel (now Mr Justice)! Murphy. ... He accused them of conspiring together and with the former Minerals and Energy . Minister, Rex Connor, to deceive the then Governor-General, Sir John Kerr, over attempts to raise loans of $4 billion abroad. | The Court found last year] that no prima facie case had!

been made against the three Labour Ministers. In December it ordered Mr Sankey to pay costs for part of the hearing, and adjourned to allow the parties to agree on an amount. Mr Rofe said that representations to the Commonwealth Attorney-General on Mr Sankey’s behalf “have not produced a result which is in any way acceptable to my client.” It was an “extraordinary and archaic legal provision” in New South Wales that allowed a person -to be jailed for failing to pay costs awarded in a court of petty sessions but not in any other legal jurisdiction.