JOSEPHINE PEPE

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

The Full Bench of the Supreme Court of WA ordered that solicitor Josephine Pepe be struck off the Roll of Practitioners following a SAT finding of unsatisfactory conduct arising from her conviction for attempting to pervert the course of justice. While acting for her violent partner Murray (an accused) and for a prisoner-client Fitzgerald, she telephoned Fitzgerald and used improper means to dissuade him from giving evidence against Murray, partly out of fear of Murray and partly to benefit his trial. Though her conduct was heavily influenced by a long-standing personality disorder, depression and alcohol dependence, the court held the offence was so serious - committed in the course of practice, deliberate, and involving grave conflicts of interest - that it demonstrated unfitness to practise. No express finding of dishonesty was made. Striking off was the only appropriate order, with readmission possible in future under s 34.

Duties found breached:

• No improper communication with the court
• No taking unfair advantage
• No own-interest conflict

Aggravating factors:

• Offence committed in the course of professional practice, in relation to pending proceedings
• Deliberate and intentional conduct aimed at securing advantageous result for a person with whom she was emotionally involved
• She initiated the contact leading to the offence
• Attempted to influence a witness who was also her own client, disregarding serious conflicts of interest
• Sought advantage for her own personal reasons and benefit, creating hazard for Fitzgerald

Mitigating factors:

• Previous good character and valuable service to clients with no prior professional impropriety
• Impulsive conduct occurring within a short period (less than 24 hours)
• Course of justice was not actually perverted
• Acted under influence of chronic personality disorder, depression and alcohol dependence
• Was in an abusive and violent relationship with Murray affecting her judgment
• Voluntarily ceased practising after conviction
• Positive references from colleagues, family and friends; ongoing rehabilitation efforts
• Suspended sentence (not immediate imprisonment) imposed by trial judge