Police Accountability Community of Practice: Malicious prosecution 101

This is our first session of a new community of practice group for lawyers working in police accountability. We're hoping this will be a space to build expertise, skills and community to improve our litigation and systemic advocacy in this space. 

For those who want to join, we'll have social drinks after (venue suggestions welcome!). 

CPD session: Malicious Prosecution 101 

In August 2023, the New South Wales Court of Appeal upheld the landmark $1.8 million payout awarded to Bill Spedding, who was maliciously prosecuted over the disappearance of toddler William Tyrrell. At what stage do litigation and investigation tactics cross the line to make a prosecution malicious? What is the kind of evidence needed to establish a malicious prosecution case? And what are some other torts that police often commit? These are the questions this presentation will endeavour to answer.

Shahed Sharify

Shahed practises in all areas of commercial, public and employment law. He also practices in white-collar crime.

Immediately before the Bar, Shahed was a solicitor at the Independent Broad-based Anticorruption Commission where he was embedded in some of the most high profile investigations of public corruption in Victoria.

Shahed has an interest in public and police accountability and is regularly briefed on matters involving allegations of abuse of public trust.

Bryn Overend 

Bryn has a broad practice in public and administrative law as well as criminal law. Prior to coming to the Bar, was the Principal Solicitor at Social Security Rights Victoria. Before this, Bryn practiced at Victoria Legal Aid, primarily practicing in criminal law. Bryn has also worked throughout the Northern Territory both as a solicitor and barrister, appearing in criminal briefs in the Local Court and Supreme Court.

Format

The format of the CPD will be a short presentation from Shahed and Bryn, followed by a short Q+A. We'll then open the floor to casework questions relating to any issues involving police accountability, (criminal and civil).

Eligibility 

The community of practice is open to:

• Defence lawyers,
• Community lawyers, and
• Lawyers doing police torts work.

Other workers and lawyers are welcome to attend upon request. 

Please note the sessions are not open to lawyers doing a substantial portion of prosecutorial work or currently prosecuting matters, lawyers who are employed of or briefed by the Victorian Government Solicitors Office or the Australian Government Solicitor to intervene in criminal proceedings, or lawyers who defend the Victorian or Commonwealth Government against police torts. Please have a look at the Terms of Reference if you'd like more information about the group.

Accessibility 

Please note:

• access to the building is via a ramp or stairs;
• the event room can be accessed via the lift on the main floor; and
• the building has accessible toilets and automatic doors.

Please let us know if you have any other accessibility requirements. 

Inquiries

Please contact Odette at the Police Accountability Project with any inquiries, at odette.shenfield@imcl.org.au.

*Please note we have moved the date of this event to avoid the event falling on Yom Kippur