A BATHURST lawyer has been struck off after fabricating evidence in a case against a former colleague.
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The NSW Civil and Administrative Tribunal handed down its findings in the case against Mark Gerard Ireland last Friday, ruling that his name be removed from the local roll of lawyers and that he pay court costs for the Council of the Law Society of NSW.
Ireland was found guilty of professional misconduct for fabricating a letter he claimed detailed the employment conditions of his former colleague, Daryl Pike, who started work at Mark Ireland Lawyers in March 2006.
Ireland was a director of the law firm at the time, though he has since sold the business.
Mr Pike eventually left the law firm and the matter ended in Bathurst Local Court in April 2013, which is where Ireland produced the letter that led to his downfall.
The letter was dated February 20, 2006 and Ireland claimed to have handed it Mr Pike on that same date. Mr Pike denied ever receiving the letter.
During cross examination at the Bathurst hearing in 2013, Ireland maintained the letter was genuine under sworn testimony, even as solicitors acting for Mr Pike put to him that it was a fake.
Q: Is it possible that this was a document that was created subsequent to Mr Pike's employment at your firm?
A: No.
Q: Are you certain of that?
A: Yes.
Q: You are the author of this letter, aren't you, 20 February 2006?
A: That is correct.
But it was Ireland’s reference in the letter to an award created under the Fair Work Act in 2010 that ruined his case.
Q: Can you tell his Honour how, on 20 February 2006, you were prescient enough to know that the Commonwealth Government would pass the Fair Work Act in 2009 and develop the Legal Services Award in 2010, and that is recorded in paragraph 4 of the letter you wrote to Mr Pike that you can't remembering delivering to him on 20 February 2006?
A: I don't know how that happened.
Q: The document is a forgery, isn’t it, Mr Ireland?
A: No, it is not.
Magistrate Geoffrey Bradd found in Mr Pike’s favour in that case, awarding him $13,303.88, plus interest.
Mr Pike then referred the matter to the Legal Services Commissioner who launched a separate investigation into whether Ireland should be allowed to continue practising.
Ireland finally admitted to the forgery in June 2015 and wrote to Mr Pike six months later to apologise.
“I accept unreservedly that I have seriously breached those standards of conduct towards you, the court, the legal profession and the community,” he wrote.
“I am deeply ashamed of my conduct.”
In handing down its findings on Friday, the Civil and Administrative Tribunal said that Ireland had not opposed moves to have him struck off as a lawyer.