MARCUS EINFELD, diagnosed with prostate cancer and suffering depression, wept in the witness box yesterday during a dramatic day in which Justice Bruce James of the Supreme Court heard evidence and submissions on the sentence he should give him.
The drama was increased by a scuffle when a man claiming to be an unhappy litigant from one of Einfeld's cases, holding a placard saying "Good Bye Your Honor", approached the former judge and was bustled aside by men nearby.
Marcus Richard Einfeld pleaded guilty on October 31 to counts of perjury and perverting the course of justice in legal proceedings flowing from a traffic infringement on January 8, 2006. He was remanded until yesterday for sentencing.
In the morning, Ian Barker, QC, for Einfeld, called Madelaine McGrady, an elder of the Toomelah-Goomeroi Elders Council which controls an Aboriginal community on the NSW-Queensland border. She told of the poor conditions she had grown up in at the mission at Toomelah and how things had vastly improved after a visit by Einfeld in 1986, in his capacity as the human rights and equal opportunities commissioner.
Einfeld wiped his eyes as she expressed the community's gratitude. A group of Einfeld's family and supporters listened intently.
In the afternoon a psychiatrist, Dr Jonathan Phillips, said he had treated Einfeld for depression since December 2006. Einfeld had mentioned the traffic incident but had been in denial, saying he was not guilty.
Einfeld had the prostate condition and was very embarrassed by problems of bowel and bladder control, which added to the stress.
Dr Phillips said he realised Einfeld had not been truthful about the traffic incident when he told him he intended to plead guilty to the charges.
Dr Phillips said it would be more difficult for Einfeld if he were given a custodial sentence. He needed continuing physical and psychiatric treatment and full-time incarceration would "add to the burden of depression". There would be worsening of his psychiatric condition to "quite a high degree". There was a possibility of suicide.
In reply to Wayne Roser, QC, for the Crown, he agreed Einfeld's depression was related to the present conditions. He also said that probably 50 per cent of inmates in the prison system had some form of psychiatric problem, which was probably some form of depression.
Dr Robert Muller, questioned by another of his counsel, David Campbell, SC, said he felt it highly unlikely Einfeld's physical health would improve. His deteriorating condition meant he no longer drove, instead using public transport.
Justice James will hear submissions today and indicated he would be obliged to reserve his decision. He allowed Einfeld continued bail but said it might not continue.
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