Drug trafficker sues lawyer for $1.7m

[MadamePandora]

http://www.news.com.au/story/0,27574,25896098-29277,00.html

 

 

 

A BRISBANE property developer found guilty of drug trafficking is suing his former lawyer for $1.7 million over claims of negligence and breach of contract.

 

Documents lodged in the Supreme Court in Brisbane yesterday reveal Morteza Kashani-Malaki, 45, is seeking up to $1.77 million from barrister Sam Di Carlo.

 

Kashani-Malaki, who was found guilty last month of trafficking heroin, cocaine, ice and ecstasy in Brisbane in 2003 and 2004, is alleging Mr Di Carlo behaved improperly while representing him between 2006 and 2009.

 

Court documents reveal Kashani-Malaki is claiming Mr Di Carlo didn't follow his instructions, failed to prepare adequately and didn't consult with expert witnesses.

 

He is also alleging Mr Di Carlo shared information about his defence case with his girlfriend Maria Zappala, a legal officer for the Australian Crime Commission.

 

Kashani-Malaki is claiming the information conveyed by Mr Di Carlo to Ms Zappala was "detrimental" to his case, and constituted a conflict of interest.

 

Kashani-Malaki engaged Mr Di Carlo to act for him in early 2006.

 

Court documents reveal Kashani-Malaki paid cash in advance to Mr Di Carlo and his solicitors on the understanding they would represent him until the completion of his trial in the Brisbane Supreme Court.

 

However shortly before the trial started Mr Di Carlo withdrew as Kashani-Malaki's legal representative.

 

This constituted, Kashani-Malaki claims, a breach of contract.

 

Kashani-Malaki represented himself at the trial before Justice Debbie Mullins.

 

After four days of deliberations, a jury found him guilty of trafficking.

 

The jury failed to reach a verdict on allegations Kashani-Malaki had invested $32,000 in a planned importation of cocaine from Lebanon to Australia in early 2004.

 

Kashani-Malaki has been remanded in custody until his sentencing later this month.

 

Interesting to see where this goes ?? mmmmmm

[Crunchy]

Kashani-Malaki, who was found guilty last month of trafficking heroin, cocaine, ice and ecstasy in Brisbane in 2003 and 2004,

 

hope he got locked up for his crimes though...

[jabez]

hope he got locked up for his crimes though...

 

Why would you want him locked up? I mean he goes away and 5 people twice as dangerous will just take his place.

 

If you want the real dogs, I mean the ones that are actually allowing herion to flow into our schools and streets then look at the police, lawyers, judges and politicians!

 

It has nothing to do with the actual supplier. It's the policy that's the problem!

Edited August 7, 2009 by jabez

[SHANE WEAVER]

Unfortunately, the answers are not always as easy as they seem. Judges make the common law, as opposed to the legislated law. That is, Judges interpret what they believe are the appropriate "gap fillers" between the existing laws.