McLaren-driving finance boss jailed over dishonest conduct
Daniel Kirby was on Tuesday sentenced to two years and 11 months' jail over his role at Berndale Securities, which collapsed in 2019, on one count each of lying to his company's auditor, dishonest conduct as a company director and misuse of company funds.
The corporate watchdog, which brought the charges, alleged Kirby had misused at least $1 million of client funds to fuel his lavish lifestyle of high-end cars and expensive holidays.
The McLaren-driving former hotshot will spend a minimum of 12 months behind bars before being eligible for parole. His sentence is the first to be handed out under the new regime for white-collar criminals to be tried at the Federal Court, rather than at local courts.
It marks a significant outcome for the Australian Securities and Investments Commission, which began its action against Berndale and its directors in 2018.
His co-accused, Stavro D'Amore, whose social media pages are littered with photos of himself and underworld figures including Mick Gatto, has pleaded not guilty and awaits trial later this year.
D'Amore was banned from working in financial services for six years in late 2018, but that ban lapsed in November last year.
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Together D'Amore and Kirby ran Berndale, a trading house that before its collapse was the fourth-largest seller of high-risk financial gambling products known as 'contracts for difference' or 'foreign exchange trading'.
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The Advertiser
3 hours ago
- The Advertiser
Lehrmann called 'national joke' on return to lion's den
Bruce Lehrmann has challenged damning findings from a landmark defamation case, arguing not all rape is violent as his tattered reputation takes another beating. The former federal political staffer is appealing his loss to Network Ten and journalist Lisa Wilkinson, whom he sued over an interview they conducted with his former colleague Brittany Higgins on The Project in 2021. In his ruling on the defamation case in April 2024, Federal Court Justice Michael Lee found Ms Higgins' claims she had been raped by Lehrmann in parliament house in 2019 were proven on the balance of probabilities. In his headline-grabbing decision, the judge quipped: "Having escaped the lions' den, Mr Lehrmann made the mistake of going back for his hat" in reference to his doomed defamation bid. Lehrmann's lawyer Zali Burrows told the appeal court on Wednesday Justice Lee's ruling, on the heels of an abandoned criminal trial, meant Lehrmann has become probably "the most damaged man in Australia". Media attention, aggravated by commentary from Channel Ten and Wilkinson, led to a flood of hateful social media comments aimed at Lehrmann, she said. "He's pretty much become a national joke," Ms Burrows told the court. She argued Lehrmann, 30, was denied procedural fairness because the facts found by Justice Lee were "starkly different" from the case run by Ten. The ex-Liberal staffer had been "taken by surprise" the judge had adopted a "softer" sequence of events that had not been put to Lehrmann in cross-examination, Ms Burrows said. She claimed Lehrmann had been accused of committing a violent rape but Justice Lee had found it was a "non-violent rape", prompting Justice Craig Colvin to say he wasn't sure he understood that concept. Ten's barrister Matt Collins KC contended the judge had found Ms Higgins' rape was violent, and indeed: "All rape is violent". Lehrmann argued the judge was not satisfied about a number of the violent elements argued by Ten, including he had held open Ms Higgins' legs. "The sting of the (defamatory) imputation resides in the act of intercourse without consent, not in any detail of it," Dr Collins said. He rejected Lehrmann's suggestions he should be awarded damages of more than $20,000 if successful on appeal. Lehrmann raped Ms Higgins when he knew she was seriously intoxicated, continued raping her when she became aware, and left her in a state of undress, Dr Collins said. "That is not a man with any reputation in respect of sexual morality that would warrant compensation," he said. He took issue with Justice Lee's finding Lehrmann had been reckless as to whether Ms Higgins was consenting and urged the appeal court to instead find he knew she did not consent. Ms Wilkinson's lawyer agreed Lehrmann's "level of indifference" could not be inadvertent and instead amounted to a definition of "intentional rape" as understood by an ordinary person. "A young man who knows that a woman is very drunk knows that she cannot consent," Sue Chrysanthou SC said. "This is not a legal question, this is a question that is considered on the standards of the community." Lehrmann not only knew Ms Higgins was very intoxicated but encouraged her to drink, she said. Both lawyers argued Lehrmann had been confronted with the main facts of the case as found by Justice Lee: that sex took place, Ms Higgins did not consent and Lehrmann had been reckless as to her consent. Lehrmann maintains he did not sexually assault Ms Higgins and a 2022 criminal case against him was abandoned without any findings against him. Earlier in the day, Ms Burrows apologised Lehrmann was not represented by a silk, telling the panel of judges he "really wanted" Guy Reynolds SC but "couldn't afford" to engage him. The defamation case and related appeal are among a host of court actions spawned by Ms Higgins' allegation of sexual assault. The Western Australian Supreme Court will next Wednesday rule on former Liberal senator Linda Reynolds' high-profile defamation case against Ms Higgins, her former employee. 1800 RESPECT (1800 737 732) National Sexual Abuse and Redress Support Service 1800 211 028 Bruce Lehrmann has challenged damning findings from a landmark defamation case, arguing not all rape is violent as his tattered reputation takes another beating. The former federal political staffer is appealing his loss to Network Ten and journalist Lisa Wilkinson, whom he sued over an interview they conducted with his former colleague Brittany Higgins on The Project in 2021. In his ruling on the defamation case in April 2024, Federal Court Justice Michael Lee found Ms Higgins' claims she had been raped by Lehrmann in parliament house in 2019 were proven on the balance of probabilities. In his headline-grabbing decision, the judge quipped: "Having escaped the lions' den, Mr Lehrmann made the mistake of going back for his hat" in reference to his doomed defamation bid. Lehrmann's lawyer Zali Burrows told the appeal court on Wednesday Justice Lee's ruling, on the heels of an abandoned criminal trial, meant Lehrmann has become probably "the most damaged man in Australia". Media attention, aggravated by commentary from Channel Ten and Wilkinson, led to a flood of hateful social media comments aimed at Lehrmann, she said. "He's pretty much become a national joke," Ms Burrows told the court. She argued Lehrmann, 30, was denied procedural fairness because the facts found by Justice Lee were "starkly different" from the case run by Ten. The ex-Liberal staffer had been "taken by surprise" the judge had adopted a "softer" sequence of events that had not been put to Lehrmann in cross-examination, Ms Burrows said. She claimed Lehrmann had been accused of committing a violent rape but Justice Lee had found it was a "non-violent rape", prompting Justice Craig Colvin to say he wasn't sure he understood that concept. Ten's barrister Matt Collins KC contended the judge had found Ms Higgins' rape was violent, and indeed: "All rape is violent". Lehrmann argued the judge was not satisfied about a number of the violent elements argued by Ten, including he had held open Ms Higgins' legs. "The sting of the (defamatory) imputation resides in the act of intercourse without consent, not in any detail of it," Dr Collins said. He rejected Lehrmann's suggestions he should be awarded damages of more than $20,000 if successful on appeal. Lehrmann raped Ms Higgins when he knew she was seriously intoxicated, continued raping her when she became aware, and left her in a state of undress, Dr Collins said. "That is not a man with any reputation in respect of sexual morality that would warrant compensation," he said. He took issue with Justice Lee's finding Lehrmann had been reckless as to whether Ms Higgins was consenting and urged the appeal court to instead find he knew she did not consent. Ms Wilkinson's lawyer agreed Lehrmann's "level of indifference" could not be inadvertent and instead amounted to a definition of "intentional rape" as understood by an ordinary person. "A young man who knows that a woman is very drunk knows that she cannot consent," Sue Chrysanthou SC said. "This is not a legal question, this is a question that is considered on the standards of the community." Lehrmann not only knew Ms Higgins was very intoxicated but encouraged her to drink, she said. Both lawyers argued Lehrmann had been confronted with the main facts of the case as found by Justice Lee: that sex took place, Ms Higgins did not consent and Lehrmann had been reckless as to her consent. Lehrmann maintains he did not sexually assault Ms Higgins and a 2022 criminal case against him was abandoned without any findings against him. Earlier in the day, Ms Burrows apologised Lehrmann was not represented by a silk, telling the panel of judges he "really wanted" Guy Reynolds SC but "couldn't afford" to engage him. The defamation case and related appeal are among a host of court actions spawned by Ms Higgins' allegation of sexual assault. The Western Australian Supreme Court will next Wednesday rule on former Liberal senator Linda Reynolds' high-profile defamation case against Ms Higgins, her former employee. 1800 RESPECT (1800 737 732) National Sexual Abuse and Redress Support Service 1800 211 028 Bruce Lehrmann has challenged damning findings from a landmark defamation case, arguing not all rape is violent as his tattered reputation takes another beating. The former federal political staffer is appealing his loss to Network Ten and journalist Lisa Wilkinson, whom he sued over an interview they conducted with his former colleague Brittany Higgins on The Project in 2021. In his ruling on the defamation case in April 2024, Federal Court Justice Michael Lee found Ms Higgins' claims she had been raped by Lehrmann in parliament house in 2019 were proven on the balance of probabilities. In his headline-grabbing decision, the judge quipped: "Having escaped the lions' den, Mr Lehrmann made the mistake of going back for his hat" in reference to his doomed defamation bid. Lehrmann's lawyer Zali Burrows told the appeal court on Wednesday Justice Lee's ruling, on the heels of an abandoned criminal trial, meant Lehrmann has become probably "the most damaged man in Australia". Media attention, aggravated by commentary from Channel Ten and Wilkinson, led to a flood of hateful social media comments aimed at Lehrmann, she said. "He's pretty much become a national joke," Ms Burrows told the court. She argued Lehrmann, 30, was denied procedural fairness because the facts found by Justice Lee were "starkly different" from the case run by Ten. The ex-Liberal staffer had been "taken by surprise" the judge had adopted a "softer" sequence of events that had not been put to Lehrmann in cross-examination, Ms Burrows said. She claimed Lehrmann had been accused of committing a violent rape but Justice Lee had found it was a "non-violent rape", prompting Justice Craig Colvin to say he wasn't sure he understood that concept. Ten's barrister Matt Collins KC contended the judge had found Ms Higgins' rape was violent, and indeed: "All rape is violent". Lehrmann argued the judge was not satisfied about a number of the violent elements argued by Ten, including he had held open Ms Higgins' legs. "The sting of the (defamatory) imputation resides in the act of intercourse without consent, not in any detail of it," Dr Collins said. He rejected Lehrmann's suggestions he should be awarded damages of more than $20,000 if successful on appeal. Lehrmann raped Ms Higgins when he knew she was seriously intoxicated, continued raping her when she became aware, and left her in a state of undress, Dr Collins said. "That is not a man with any reputation in respect of sexual morality that would warrant compensation," he said. He took issue with Justice Lee's finding Lehrmann had been reckless as to whether Ms Higgins was consenting and urged the appeal court to instead find he knew she did not consent. Ms Wilkinson's lawyer agreed Lehrmann's "level of indifference" could not be inadvertent and instead amounted to a definition of "intentional rape" as understood by an ordinary person. "A young man who knows that a woman is very drunk knows that she cannot consent," Sue Chrysanthou SC said. "This is not a legal question, this is a question that is considered on the standards of the community." Lehrmann not only knew Ms Higgins was very intoxicated but encouraged her to drink, she said. Both lawyers argued Lehrmann had been confronted with the main facts of the case as found by Justice Lee: that sex took place, Ms Higgins did not consent and Lehrmann had been reckless as to her consent. Lehrmann maintains he did not sexually assault Ms Higgins and a 2022 criminal case against him was abandoned without any findings against him. Earlier in the day, Ms Burrows apologised Lehrmann was not represented by a silk, telling the panel of judges he "really wanted" Guy Reynolds SC but "couldn't afford" to engage him. The defamation case and related appeal are among a host of court actions spawned by Ms Higgins' allegation of sexual assault. The Western Australian Supreme Court will next Wednesday rule on former Liberal senator Linda Reynolds' high-profile defamation case against Ms Higgins, her former employee. 1800 RESPECT (1800 737 732) National Sexual Abuse and Redress Support Service 1800 211 028 Bruce Lehrmann has challenged damning findings from a landmark defamation case, arguing not all rape is violent as his tattered reputation takes another beating. The former federal political staffer is appealing his loss to Network Ten and journalist Lisa Wilkinson, whom he sued over an interview they conducted with his former colleague Brittany Higgins on The Project in 2021. In his ruling on the defamation case in April 2024, Federal Court Justice Michael Lee found Ms Higgins' claims she had been raped by Lehrmann in parliament house in 2019 were proven on the balance of probabilities. In his headline-grabbing decision, the judge quipped: "Having escaped the lions' den, Mr Lehrmann made the mistake of going back for his hat" in reference to his doomed defamation bid. Lehrmann's lawyer Zali Burrows told the appeal court on Wednesday Justice Lee's ruling, on the heels of an abandoned criminal trial, meant Lehrmann has become probably "the most damaged man in Australia". Media attention, aggravated by commentary from Channel Ten and Wilkinson, led to a flood of hateful social media comments aimed at Lehrmann, she said. "He's pretty much become a national joke," Ms Burrows told the court. She argued Lehrmann, 30, was denied procedural fairness because the facts found by Justice Lee were "starkly different" from the case run by Ten. The ex-Liberal staffer had been "taken by surprise" the judge had adopted a "softer" sequence of events that had not been put to Lehrmann in cross-examination, Ms Burrows said. She claimed Lehrmann had been accused of committing a violent rape but Justice Lee had found it was a "non-violent rape", prompting Justice Craig Colvin to say he wasn't sure he understood that concept. Ten's barrister Matt Collins KC contended the judge had found Ms Higgins' rape was violent, and indeed: "All rape is violent". Lehrmann argued the judge was not satisfied about a number of the violent elements argued by Ten, including he had held open Ms Higgins' legs. "The sting of the (defamatory) imputation resides in the act of intercourse without consent, not in any detail of it," Dr Collins said. He rejected Lehrmann's suggestions he should be awarded damages of more than $20,000 if successful on appeal. Lehrmann raped Ms Higgins when he knew she was seriously intoxicated, continued raping her when she became aware, and left her in a state of undress, Dr Collins said. "That is not a man with any reputation in respect of sexual morality that would warrant compensation," he said. He took issue with Justice Lee's finding Lehrmann had been reckless as to whether Ms Higgins was consenting and urged the appeal court to instead find he knew she did not consent. Ms Wilkinson's lawyer agreed Lehrmann's "level of indifference" could not be inadvertent and instead amounted to a definition of "intentional rape" as understood by an ordinary person. "A young man who knows that a woman is very drunk knows that she cannot consent," Sue Chrysanthou SC said. "This is not a legal question, this is a question that is considered on the standards of the community." Lehrmann not only knew Ms Higgins was very intoxicated but encouraged her to drink, she said. Both lawyers argued Lehrmann had been confronted with the main facts of the case as found by Justice Lee: that sex took place, Ms Higgins did not consent and Lehrmann had been reckless as to her consent. Lehrmann maintains he did not sexually assault Ms Higgins and a 2022 criminal case against him was abandoned without any findings against him. Earlier in the day, Ms Burrows apologised Lehrmann was not represented by a silk, telling the panel of judges he "really wanted" Guy Reynolds SC but "couldn't afford" to engage him. The defamation case and related appeal are among a host of court actions spawned by Ms Higgins' allegation of sexual assault. The Western Australian Supreme Court will next Wednesday rule on former Liberal senator Linda Reynolds' high-profile defamation case against Ms Higgins, her former employee. 1800 RESPECT (1800 737 732) National Sexual Abuse and Redress Support Service 1800 211 028
ABC News
6 hours ago
- ABC News
Logic of Bruce Lehrmann's appeal bid questioned by judges
Bruce Lehrmann's bid to overturn a finding that he raped his former colleague Brittany Higgins has not started smoothly, with Federal Court judges questioning the logic of his grounds of appeal.
ABC News
9 hours ago
- ABC News
Bruce Lehrmann's appeal against defamation case begins
Bruce Lehrmann has returned to the Federal Court in Sydney today for an appeal he hopes will overturn the finding that - on the balance of probabilities - he raped Brittany Higgins at Parliament House in Canberra in 2019.
