Douglas John WINNING

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The Legal Services Commissioner brought nine charges against solicitor Douglas John Winning relating to conduct in 2003-2004 involving 'tipping off' clients about a police raid and using offensive/abusive language toward prosecutors, court staff, police and the DPP. The Tribunal found him not guilty on five charges, guilty of unprofessional conduct on two (Charges 4 and 5), unsatisfactory professional conduct on one (Charge 7), and professional misconduct on one (Charge 9, denigrating the DPP in court). No dishonesty or incompetence was alleged or found. The Tribunal found him fit to practise and imposed a public reprimand with a 12-month mentoring/advice condition, and made no order as to costs by consent.

Duties found breached:

• No improper communication with the court
• No baseless or threatened misconduct report
• Good faith and courtesy to colleagues

Aggravating factors:

• Charge 9 involved using the courtroom to vent anger and undermine the reputation of an important legal officer without fairness or balance
• Repeated instances of coarse and abusive conduct over the relevant period

Mitigating factors:

• No allegation of dishonesty or incompetence
• No previous adverse disciplinary findings
• Respondent found fit to practise
• Acknowledged wrongdoing, expressed contrition and apologised (including unqualified apology to the DPP)
• Conduct occurred four years prior with no further disciplinary complaints since 2004
• Personal stresses, alcohol dependence in sustained remission, and pressures under which he was labouring
• Valuable contribution to the Rockhampton community attested to by practitioners and community members