‘Foul-mouthed’ solicitor roasted by Supreme Court judge
AN experienced Rockhampton solicitor, who has been practising law for 34 years, has been roasted over the contents of an email meant for a prosecutor which landed in Supreme Court staff inbox.
Doug Winning, who notoriously has a 'foul-mouth' which landed him with a conviction in 2015 for professional misconduct over a whispered comment in court, has been pulled up again for his unprofessional conduct - this time by Rockhampton's Supreme Court Justice Graeme Crow.
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The matter was raised in court last week after Mr Winning, who trades as Winning Lawyers, finished representing a client in a sentencing.
Justice Crow said he would not go into the details of the contents in the email in open court, but told Mr Winning senior solicitors drafting emails like this was a very serious case of professional misconduct.
He said it went against the Australian Solicitors' Conduct Rules, of which Mr Winning should be well aware of given he has been a solicitor for 34 years.
Justice Crow said part of the code was for solicitors to carry out dealings in a courteous manner (4.1.2 of the Fundamental Duties of Solicitors).
"This is not courteous," he said.
"I cannot turn a blind eye to this."
"That was a misdirected email," Mr Winning said.
He said he apologised for the contents of the email in a follow-up email, and then apologised to the court, the prosecutor, Justice Crow and his associate.
"I'm somewhat of an emotional and volatile character," Mr Winning said.
Justice Crow said he had always felt there was a good working relationship among lawyers - prosecution and defence - in Rockhampton, back to the days of Judge Alan Demack (appointed judge in Supreme Court in 1978 and served as Rockhampton judge).
He said while he was disappointed about the contents of the correspondence, he did not intend to do "anything about it".
Justice Crow said he just wanted it placed on the record.
Winning pleaded guilty to professional misconduct in the Queensland Civil and Administrative Tribunal in 2015 after he admitted he whispered "f---ing idiot" in court with the jury present and said the word "c---" towards high-profile prosecutor Danny Boyle in Rockhampton in May 2012.
He was bankrupted in May 2018 after failing to pay outstanding tax debt as ordered by a District Court registrar on October 24, 2017.
The District Court court claim says Winning accrued a "running balance account" debt for debts under the BAS (Business Activity Statement) provisions or debts for "administrative overpayments".
Read more here: Queensland lawyer Doug Winning bankrupted for not paying tax
Mr Winning was also convicted for drink driving in March 2019 after he drove a black VW into a roadworks sign on Dean Street at 1.07am on February 17, 2019.
He was intercepted on Elphinstone Street and officers noted his eyes were glassy and he was slurring his words.
Winning admitted to police he had consumed up to two bottles of Bundaberg Rum that evening.
He had a blood-alcohol content reading of .146.
Winning, who represented himself in court, said he started "drinking alcoholically" at the age of 14 and spent years living on the streets.
He said he had managed to be sober for quite some time but had three recent triggers - both of his parents died and a friend died.
Winning was fined $800 and disqualified from driving for eight months.