JOSEPHINE PEPE

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

Josephine Pepe, a WA solicitor convicted of attempting to pervert the course of justice (sentenced to 12 months imprisonment suspended for 12 months), was found by the SAT guilty of unsatisfactory conduct. She had telephoned a prisoner-client (Fitzgerald) and improperly counselled him to retract his statement and not give evidence at the trial of her partner Murray, for whom she was also acting despite the obvious conflict of interest. The Full Bench held the seriousness of the offence, committed in the course of her practice, demonstrated unfitness to practise, and struck her name from the Roll of Practitioners, while noting the possibility of future readmission under s 34. No express finding of dishonesty was made; the case turned on unfitness and abandonment of professional standards. No fine or costs order was mentioned.

Duties found breached:

• No taking unfair advantage
• No own-interest conflict

Aggravating factors:

• Offence committed in the course of her professional practice and in relation to pending court proceedings
• Deliberate and intentional conduct aimed at securing advantage for her partner
• She initiated the contact leading to the offence
• Serious disregard of professional conflicts of interest
• Sought to influence a witness who was also her own client, creating hazard for him
• Attempted to strike down the processes of law for personal reasons/benefit

Mitigating factors:

• Previous good character and valuable service to clients with no prior professional impropriety
• Impulsive conduct occurring within less than 24 hours
• Committed while in an abusive/dysfunctional relationship with Murray, whom she feared
• Long-standing psychiatric condition (personality disorder, depression, alcohol dependence) that influenced her conduct
• Positive references from colleagues, family and friends
• Voluntarily ceased practice after conviction
• Course of justice was not actually perverted (no evidence prosecution abandoned calling the witness because of her conduct)
• Evidence of rehabilitation and remission