JOSEPHINE PEPE

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

Josephine Pepe, a legal practitioner, was convicted in the District Court of attempting to pervert the course of justice for using improper means to dissuade a potential prosecution witness (also her client) from giving evidence against her partner, whom she represented. She was sentenced to 12 months' imprisonment suspended for 12 months. She admitted the conduct amounted to unsatisfactory conduct and proper cause for disciplinary action. The Tribunal held the offence, occurring in the course of her practice, was so fundamentally inimical to the responsibilities of a legal practitioner that, despite mitigating circumstances (emotional stress, isolated lapse, belief the statement was false), a report should be transmitted to the Supreme Court (Full Bench) recommending she be struck off the roll. The practitioner was also ordered to pay the Committee's costs, in an amount to be agreed or determined. No express finding of dishonesty was made.

Duties found breached:

• Disclose adverse law to the court
• No improper solicitation or touting

Aggravating factors:

• Conduct occurred in the course of the practitioner's legal practice
• Improper means available to her partly by reason of her status as the witness's solicitor in other matters
• Offence strikes at the heart of the administration of justice
• Conduct severely damaged confidence other practitioners, clients and public could place in her

Mitigating factors:

• Isolated event during ten years of practice
• Committed under significant emotional stress arising from a violent relationship with the client Murray
• Underlying personality vulnerabilities per psychiatric report of Dr Wu
• Belief that the witness's statement was false
• Voluntarily ceased practice the day after conviction
• Positive character references from legal practitioners attesting to honesty, professionalism and diligence
• Conviction did not arise from a premeditated course of conduct; phone call lasted only about five minutes