The Legal Practitioners Complaints Committee v Scott Malcolm Trueman No. SCGRG 95/2650 Judgment No. 5910 Number of Pages 17 Professions and Trades Lawyers

This appeal concerns a decision of the Legal Practitioners Disciplinary Tribunal which dismissed a complaint of unprofessional conduct against Scott Malcolm Trueman, a legal practitioner. The Legal Practitioners Complaints Committee (Committee) brought the complaint, alleging that Trueman had acted for two clients in circumstances which amounted to a conflict of interest, and had otherwise fallen short of the standards of professional conduct expected of a legal practitioner. The Full Court allowed the Committee's appeal against the Tribunal's decision, holding that the Tribunal had failed to exercise its powers under the Legal Practitioners Act 1981 to require the practitioner to give evidence. The matter was remitted to the Tribunal for further hearing.

The Tribunal dismissed the complaint on the basis that the evidence was insufficient to establish that Trueman was aware that one client had accused the other of conspiring to murder a witness. The Tribunal also held that the Committee had not established its case on the balance of probabilities. The Committee appealed on the basis that the Tribunal should have drawn adverse inferences from Trueman's failure to give evidence. The Full Court rejected the appeal, agreeing with the Tribunal that the evidence was insufficient to establish the charges against Trueman. However, the Court held that the Tribunal had erred in failing to exercise its power to require the practitioner to give evidence. The Court held that the proceedings were not purely adversarial, and that the Tribunal was obliged to make full inquiry into allegations of unprofessional conduct. The Court held that if the Tribunal was satisfied that the absence of the practitioner from the witness box would lead to an inability to reach a decision upon the evidence before the Tribunal, it had the power, and indeed the obligation, to direct that the practitioner give evidence so that the matter may be resolved. The Court held that it was necessary to remit the matter to the Tribunal for further hearing.