Case History

Greg Walsh OAM If the document does not appear below, please refresh your browser or download the pdf version here.

Greg Walsh OAM[1] October 2022 The racial stereotyping of persons within our community, is a matter of some considerable concern. Such involves a fixed over generalisation belief about a particular group of people based on their race. It involves discrimination or prejudice of a person or a group of people based on their skin colour, language, religion, customs and or beliefs. It has, as demonstrated in the United States of America for instance, that it can have an enormous negative impact upon our society. In Hage-Ali v State of New South Wales [2009] NSWDC 266,[2] the Plaintiff, a young member of the Lebanese community, was arrested with three others as part of a police operation in respect of the supply of cocaine. There was evidence that she had purchased small amounts of cocaine from a supplier. After she was arrested, and as a result of significant threats against her, she nominated her drug supplier and agreed to co-operate in their investigation. At the police station, she was interviewed and provided a statement to police. After police obtained her agreement to give evidence against her supplier, she was released without charge.   One of the features of the police conduct, was

MENTAL HEALTH FOR MEMBERS OF THE LEGAL PROFESSION – A MODERN CONUNDRUM[1] Greg Walsh OAM INTRODUCTION I have been a legal practitioner for 45 years and as an articled clerk prior to my admission, I have nearly 50 years of experience in the practice of law. I have welcomed the opportunity of not only appearing in the State of NSW but all States of Australia including as trial Counsel and also in respect of disciplinary matters. By way of background, I was honoured to serve as a councillor at the Law Society of NSW and also as a member of a number of committees, including a task force that examined many years ago this very issue. As a result of the work of that task force, there was set up by the Law Society of NSW a system for advising legal practitioners which is now known as the Senior Solicitor’s Scheme. I am proud to be a member of that Scheme. In these circumstances and having regard to the fact that like all members of the community, we bring to our work our own life experiences and common sense, the issue of mental illness for not only legal practitioners but

Eye Movement Desensitisation and Reprocessing and Memory: A Dilemma for the Criminal Justice System – Greg Walsh OAM The function of memory in the judicial system is a vital one and in recent years experts have sought to turn the science of memory “on its head”, causing it to become as malleable a concept as these experts seek to make it. This article draws specific attention to the role of Eye Movement Desensitisation and Reprocessing therapy (EMDR) in the justice system, its impact on the operation of memory and the potential problems this creates for the legal system. In doing so, reference will be made to the procedural manual of EMDR therapy, as well as scientific literature and legal commentary on the process and its effect on patients. In drawing this material together, it will be concluded that the occurrence of false memories in treatment settings has been wholly underestimated. This, it is argued, must be urgently addressed in order to prevent miscarriages of justice.

Greg Walsh OAM[1] Presented as part of a Community Conference Toongabbie Legal Centre 28 November 2020 As one of our greatest Jurists, Michael Kirby said “the protection of our liberties does not ultimately depend on Parliaments or even the Courts, it depends on the love of the people for liberty.” INTRODUCTION Police play a very important role in our community especially in the context of protecting citizens from harm. They are afforded extensive powers to fulfil such objects. This paper seeks to address the importance of citizens rights in the context of Police Powers. 

Greg Walsh OAM[1]   23 January 2017 . This is a strange time, Mister. No man may longer doubt the powers of the dark are gathered in monstrous attack upon this village. There is too much evidence now to deny it. You will agree, sir? . Reverend Hale in Arthur Miller’s The Crucible . Introduction . Allegations of sexual assault polarise people like no other issue. This applies equally to members of the Judiciary and the Legal Profession. There are those who readily assume that any person against whom an allegation of sexual assault is made must be guilty. There are others who understand the fundamental importance of the presumption of innocence. The 1980’s and 90’s heralded an enormous interest and focus in respect of issues of sexual assault. This lead to a number of legislative changes in each of the States of Australia. The essential basis for the plethora of reports and legislative changes have been that the criminal law, does not protect persons from sexual assault and that there is an overriding need to obtain greater protection for victims and to have higher conviction rates. There is no doubting that in terms of pure politics this approach is