Bondi terror case in doubt after lawyer suffers broken neck

The publicly funded barrister representing accused Bondi massacre shooter Naveed Akram has suffered a broken neck in a bodysurfing accident.

Richard Wilson SC, appointed NSW Senior Public Defender just seven months ago, fractured his neck in two places while at a Gold Coast beach in August.

Mr Wilson is understood to be recovering, although it remains uncertain whether he will continue as Akram’s defence counsel or whether the matter will be passed to another public defender. He is expected to be unable to return to work until at least February.

A senior legal source told the Daily Mail that the prospect of Mr Wilson remaining on the Akram case would hinge on matters including the court timetable and the pace of his recovery.

‘He broke his neck in two separate places,’ the source said. ‘He won’t be back until at least February. It’s terribly sad.’

While the Public Defenders office is primarily focused on Mr Wilson’s health, it is also deeply concerned about what will happen with the Akram case, the source said.

Akram has remained in custody since his arrest following the shooting deaths of 15 people celebrating the Jewish festival of Hanukkah at Bondi Beach on December 14 last year.

The 25-year-old’s father, Sajid Akram, 50, was shot dead by police during the ISIS-inspired massacre, which killed 11 men, three women and a 10-year-old girl.

The attack was the deadliest mass shooting in Australia since the 1996 Port Arthur massacre, in which 35 people were killed.

A box-like bomb was found in the boot of the Akrams’ car and two hand-painted ISIS flags were also inside the vehicle. 

Akram is charged with 15 counts of murder, 43 of attempted murder, 10 of shoot with intent to murder and seven of discharging a firearm with intent.

He is further charged with one count each of committing a terrorist act, causing explosives to be placed in a public place and displaying a terrorist organisation symbol.

The case is being run by the Commonwealth Director of Public Prosecutions (CDPP) upon referral by the NSW Joint Counter Terrorism Team (JCTT).

The JCTT is comprised of members drawn from the NSW Police Force, Australian Federal Police, Australian Security Intelligence Organisation and NSW Crime Commission. 

Akram, who has not been required to enter pleas, is set for a committal mention at Downing Centre Local Court on October 28, the same day the balance of the prosecution brief is to be served on the defence.

The matter is also listed at the same court on Monday when broadcaster SBS will seek access to a restricted witness list which was sought by other media.

Akram is being represented by solicitors Ben Archbold and Leonie Gittani, from the law firm Archbold Gittani, who were instructing Mr Wilson. 

Repeated attempts to contact Mr Archbold and Ms Gittani by phone, text and email were unsuccessful. 

The legal source who confirmed Mr Wilson’s injuries said the solicitors would be keen to instruct another barrister as soon as possible if Mr Wilson was unable to continue.

‘They’d be very concerned that Wilson’s not coming back until February,’ he said. 

‘Say the hearing date’s in May next year, [Mr Wilson] should be in a position to do it, if he wants to do it. 

‘But that’s the thing. He’s going to have to ask himself, “Do I want this stress and strain? I might be well-prepared but am I up to doing a case like this?”‘

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Public defenders are salaried barristers independent of the government and appear in serious matters for clients who have been granted legal aid. 

The source said if Mr Wilson decided to hand the brief to another barrister in his office that would present some complications for the defence.

‘He’ll have to ask around the senior people at the Public Defenders, to see first of all if anybody wants to put their hand up. I can’t imagine they would.

‘And then he’d have to go back to the solicitors and say, “Look, I’m sorry but I’ve got to return the brief”, and the solicitors will have to find somebody to deal with it.’

Below Mr Wilson are three Deputy Senior Public Defenders: Madeleine Avenell SC, Nicholas Broadbent SC and Michael King.

Under Ms Avenell, Mr Broadbent and Mr King are 26 public defenders, two of whom – Scott Fraser and Tom Quilter – are silks.

The Public Defenders office declined to comment on whether another barrister had taken over the Akram brief on an interim basis, or even confirm Mr Wilson had suffered a serious injury.

‘We do not comment on the private health matters of legal practitioners, nor do we provide information regarding counsel assignments, representation arrangements, or other internal case management matters,’ chambers manager Ilona Kernick said.

A spokesman for the Office of the Commonwealth Director of Public Prosecutions said: ‘Enquiries relating to Mr Wilson SC should be directed to the NSW Public Defenders Chambers.’

At a hearing in March, Mr Wilson acknowledged Akram was accused of committing with his father the worst terrorist attack in Australia’s history.

Mr Wilson was seeking a non-publication order over the names of his client’s mother, brother and sister, who he told Downing Centre Local Court had received death threats.

‘The outpouring of public grief, public outrage and public anger at what he and his father allegedly did are unprecedented, extraordinary and absolutely understandable,’ Mr Wilson said.

‘However, there is no suggestion [Akram’s] mother, brother or sister had anything to do with it.’

Judge Hugh Donnelly declined to grant Mr Wilson’s application in April, deeming it futile as the names and addresses of Akram’s family members were widely known, while noting they had nothing to do with the attack.

‘This case has unprecedented public interest, outrage, anger and grief,’ Judge Donnelly said. 

Mr Wilson, who was described as a ‘very introspective, private bloke’, as well as a committed bodysurfer, has been a public defender for more than 12 years.

He serves as co-chair of the National Criminal Law Committee of the Law Council of Australia and was previously a barrister at Seventh Floor Garfield Barwick Chambers.

Prior to that, Mr Wilson was deputy principal solicitor of the Aboriginal Legal Service.

He graduated with first class honours in Arts (1990) and Law (1993) from the Australian National University in Canberra, practised as a solicitor in the ACT and NSW and became a barrister in 2004. 

Attorney-General Michael Daley said he was ‘thrilled’ to announce Mr Wilson as the state’s Senior Public Defender – a seven-year appointment – in February.

‘Mr Wilson is a long-time public defender who has proven himself as Acting Senior Public Defender since July last year,’ Daley said.

‘Public defenders play a significant role in our justice system, both in the courtroom and through advising the government on criminal justice reform.’

Akram is being held in Australia’s most secure prison, the High Risk Management Correctional Centre – better known as Supermax – at Goulburn, about 200km south-west of Sydney.