Cyprys lawyer faces misconduct hearing

A WELL-KNOWN Melbourne lawyer has faced a hearing into whether he is guilty of professional misconduct for telling a child sex-abuse victim that Jews should not assist police in prosecuting other Jews.

Veteran criminal lawyer Alex Lewenberg sat in the Victorian Civil and Administrative Tribunal (VCAT) on Tuesday, as Nicholas Green QC, representing the Victorian Legal Services Commissioner, Michael McGarvie, argued Lewenberg’s conduct had been “disgraceful” and “dishonourable”.

Lewenberg, who has defended underworld figures and has been a victim of personal violence, could lose his practising certificate, be fined and even disbarred. He was previously banned from practising as a solicitor for two years for professional misconduct in 1989.

Green told Judge Pamela Jenkins, a vice-president of VCAT, that on two occasions, Lewenberg allegedly told individuals related to the prosecution of now convicted and jailed child-sex abuser David Cyprys, who he was representing, that Jews should refrain from aiding the prosecution of other Jews.

VCAT was told that at Cyprys’s bail hearing on September 6, 2011, Lewenberg apparently became concerned an informant, known only as “AVB”, who was also a sex-abuse victim, had in his opinion offered incorrect advice about conditions under which Cyprys might be able to flee to Israel.

At that bail session, Lewenberg had then turned to Cyprys’s father and was heard to express his concern about Jews informing on their co-religionists.

Judge Jenkins said Lewenberg’s remarks were relayed widely across the Orthodox Jewish community, causing further suffering for AVB, a consequence Lewenberg could have anticipated.

Then on October 6, 2011, when AVB phoned Lewenberg, a phone call which AVB recorded, Lewenberg was heard to say to him: “I really shouldn’t be talking to you” but proceeded to say, “I am not exactly delighted that another Yid would assist police against an accused, no matter whatever he is accused of, and that is the reason I was very disappointed [at the bail hearing] … Because there is a tradition, if not a religious requirement, that you do not assist against [the people of] Abraham.”

Lewenberg then talked to AVB about “the moser [informant] principle [which] is well known”.

Lewenberg does not dispute he expressed these views on the two occasions.

Green described Lewenberg’s comments as “dangerous nonsense”, which was “inimical” to equality before the law and would give unfair advantage to Jewish defendants. Green said a person’s faith should not come before their duty in assisting police. “A Jew, a Muslim, a Calathumpian, should assist prosecuting authorities.”

Green said Lewenberg had not apologised and furthermore had alleged anti-Semitic motives in proceeding against him.

However, Jeremy Ruskin QC, representing Lewenberg, said his client should not face a “misconduct” finding but a lesser finding of “unsatisfactory conduct”. While his client “could have been more careful”, his remarks were “spontaneous and reactive” because of his concern about apparent misinformation at the bail hearing which acted as a “trigger”. His words should be seen “in the context in which they were said”.

However, Judge Jenkins said she could see no link between Lewenberg’s concern over the bail application and his attack on Jewish informants.

The judge adjourned the hearing to next month.

PETER KOHN