23 August 2021
The WA driver accused of ploughing into a crowd of people outside a Perth bar, killing one and injuring several others, remains in hospital.
Jamie Glasfurd, 60, allegedly accelerated his Range Rover SUV at the intersection of Pier and Murray Streets in the CBD, running a red light, before crashing into the back of a parked Toyota Corolla which crushed a group of people sitting in the alfresco area of My Place Bar about 6.30pm on Friday.
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Speaking on Monday, Mr Glasfurd’s lawyer Shane Brennan said his client’s matter would be adjourned until Wednesday to line up with unrelated charges he was already on bail for.
He told the court the unrelated charges were being heard in the family violence court and related to his ex-wife.
“There’s not much I can say at this point other than that he’s in the trauma unit at Royal Perth Hospital. We’ve adjourned the matter for a couple of days, and thereafter we’ll all know a little more,” Mr Brennan said outside court.
Source: WA Today https://www.watoday.com.au/national/western-australia/pier-street-driver-still-in-hospital-after-ploughing-into-crowd-killing-one-20210823-p58l3l.html
30 July 2021
A jury has been unable reach a verdict in the case of a 31-year-old man accused of murdering an elderly stranger he bashed in his Perth home because he wanted to make a point about how to treat women.
Sebastian Horacio Ruiz had been on trial in the Supreme Court for the past seven days, accused of fatally assaulting 76-year-old Keith Moylan who died in hospital from a traumatic brain injury on December 21, 2019.
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His lawyer, Shane Brennan, argued his client's actions may not have caused Mr Moylan's fatal injury, saying the elderly man was "a chronic alcoholic" who was known at times, "to simply fall down on his face."
Mr Brennan suggested Mr Moylan's injury could have been caused when he hit his head on the wall, or from falling out of his bed, which was consistent with the position Mr Moylan was found in, and with the thud his client heard before he left the unit
There was also evidence that one of Mr Moylan's neighbours reported hearing noises coming from the unit about an hour before Mr Ruiz even arrived.
It was submitted that Mr Moylan may have been assaulted by someone else at that time, and that was what he was referring to when he asked to use Mr Ruiz's phone to call the police.
Mr Brennan highlighted that Ruiz had put Mr Moylan to bed, and that he had left a note with his telephone number on it — things he said which were "not consistent with a murderer."
Source: ABC News https://www.abc.net.au/news/2021-07-30/sebastian-ruiz-keith-moylan-mosman-park-murder-trial-hung-jury/100326580
16 July 2019
Two brothers who claimed they were framed for murder by a gang of Estonian men have been found guilty again of killing a Perth business associate.
Ambrose John Clarke, 54, and Xavier Gerard Clarke, 52, faced an almost four-month re-trial in the West Australian Supreme Court charged with murdering 57-year-old Peter Davis.
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Ambrose Clarke’s defence counsel Shane Brennan told the jury “innocent secondary DNA transfer” explained much of the evidence against his client, who had previously worked with Mr Davis.
Mr Brennan said if Ambrose Clarke was the killer he would be “the dopiest murderer that ever lived” to put incriminating items, including a page from Mr Davis’ diary, in his unlocked filing cabinet.
He said the items were planted to frame Clarke.
Source: PerthNow https://www.perthnow.com.au/community-news/eastern-reporter/wa-jury-retires-in-clarke-brothers-retrial-c-886913
7 November 2012
Perth bikie Troy Mercanti will stay behind bars until at least next week over allegations he breached his bail by taking drugs.
Last month, Mercanti was released on home detention bail so he can prepare for his trial on charges of assaulting his former partner.
However, the District Court was told he was arrested yesterday because he tested positive for methamphetamine after a urine test he took last week.
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His lawyer Shane Brennan says his client would be seeking to be released on bail.
He says Mercanti denies taking any drugs.
"My instructions are he did not wilfully ingest any narcotic and it would not be in his interest to do so bearing in mind it would cause what has occurred today," he said.
Mr Brennan says Mercanti will dispute the allegation against him.
"On the 2nd of November, they say he returned a positive result which we'll investigate more closely now and look at the viability of that," he said.
"Our argument is simply this, if it is positive, it's not a wilful ingestion of a narcotic."
The lawyer also says Mercanti needs to be out of custody because he is suffering significant depression.
He says his client is engaged in ongoing counselling with his parish priest.
Source: ABC News https://www.abc.net.au/news/2012-11-07/bikie-troy-mercanti-back-behind-bars/4358738
16 October 2012
Perth businessman John Kizon is fighting a speeding fine, claiming the police officer operating the speed gun did not have the proper training.
Mr Kizon is alleged to have been caught doing 60 kilometres an hour in a 50 kmh zone, in West Leederville in January last year.
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But lawyer Shane Brennan claims the police officer who booked Mr Kizon was not trained to use the speed gun used to assess his client's speed.
Senior Constable Malcolm Lee would have had to have been trained to use the model of speed gun 16 years before it was approved for use by the police force, Mr Brennan representing Mr Kizon told the court
Mr Brennan presented evidence that the speed gun model LTI 20-20 laser ultralyte compact was approved by then-transport minister Simon O'Brien in December 2008.
But Senior Constable Lee's Certificate of Competency states the police officer received his training to use the LT 20-20 laser ultralyte compact in 1992, the court heard.
"You can't be certified competent in relation to a machine that didn't exist at the time," Mr Brennan said.
Source: WA Today https://www.watoday.com.au/national/western-australia/kizon-brings-in-big-guns-for-traffic-fine-20121016-27oom.html
1 March 2011
Former West Australian cabinet minister Norm Marlborough choked back tears outside court after hearing his conviction of giving false evidence to the state's corruption watchdog had been quashed.
In October 2009, a jury found Mr Marlborough guilty of giving false evidence to a Corruption and Crime Commission hearing in relation to his friend, disgraced former WA premier Brian Burke.
"It's hard not to feel emotional when you look at the original attacks on me out of the first day of hearing," he said supported by his wife Ros and lawyer Shane Brennan outside court.
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Lawyer Shane Brennan, who had worked on the appeal, said the heart of his client's case was that he had never agreed to appoint former Busselton Shire president Beryle Morgan to the South West Development Commission.
"It was never the case that Mr Marlborough agreed to appoint anybody, that was our argument, that was the truth and justice has been done," Mr Brennan said.
Source: The West Australian https://thewest.com.au/news/crime/cleared-marlborough-slams-kangaroo-court-ng-ya-178920
Source: WA Today https://www.watoday.com.au/national/western-australia/norm-marlboroughs-conviction-quashed-on-appeal-20110301-1bcpb.html
18 December 2008
A former West Australian cabinet minister has elected to go before a judge and jury, risking a much heavier penalty rather than have charges against him dealt with in a lower court.
Norm Marlborough, 63, who was dumped as small business minister and resigned from parliament two years ago, faces two charges of giving false evidence to hearings of the Corruption and Crime Commission.
He pleaded not guilty to both charges when he appeared before Magistrate Robert Black in Perth Magistrates Court on Thursday.
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But on Thursday, his lawyer Shane Brennan said the charges would be "vigorously defended" and that his client had opted not to go before the lower court.
Outside court, he said Marlborough risked a much higher penalty - five years and $100,000 as opposed to three years and $60,000 - by going to trial in the District Court.
"It's a matter of professional privilege probably, but I think anyone is well advised to take a trial before his peers rather than a magistrate sitting alone," Mr Brennan told reporters.
"We would say it is the right decision."
Source: Sydney Morning Herald https://www.smh.com.au/national/exwa-minister-to-fight-charges-20081218-718v.html
19 October 2007
Claims that a drug charge against sacked West Coast Eagle Ben Cousins will be dropped could be confirmed during a Western Australian Police media conference later today.
But a WA police spopkesman says he knows nothing about a claim, by Cousins' lawyer, Shane Brennan, that police would drop a charge of possessing narcotics on Monday.
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"I have just been informed by the organised crime squad that the charge of possession of the narcotic will be dropped on Monday morning at nine o'clock," Mr Brennan told Southern Cross Broadcasting today.
"Their (police) problem stems from the fact that the alleged narcotic isn't a prohibited substance, as I understand it."
Source: Brisbane Times https://www.brisbanetimes.com.au/national/cousins-charge-to-be-dropped-20071019-ge981g.html
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21 October 2007
Cousins was arrested in the inner city suburb of Northbridge on Tuesday and charged with possessing Diazepam and refusing to undergo a driver assessment.
On Friday police said they would withdraw the drugs charge, admitting they made a mistake.
Cousins' lawyer Shane Brennan says the 29-year-old is contemplating suing the force.
"If there was even a smell of a case against my client, they would have charged him, they haven't and they've either got to put up or shut up," he said.
Source ABC News https://www.abc.net.au/news/2007-10-21/cousins-may-sue-wa-police/704650
16 October 2006
A magistrate slammed bungling police as he threw out a charge that socialite Rose Porteous fraudulently changed a prescription to boost a dose of tranquilisers.
"The reality is this case was utterly inappropriate ... there is very little evidence," Magistrate Paul Heaney said in Perth as he dismissed the charge against Ms Porteous, 57, and awarded her $5,000 costs.
"Ms Porteous has been done a great injustice."
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But the case was quickly dismissed after her lawyer, Shane Brennan, said there was no case to answer because the drug involved was not prohibited.
After checking the law, police prosecutor Sergeant Steve Mayne conceded the case.
Mr Heaney slammed police for poor preparation and said being charged was not a minor matter to any accused.
"Woo hoo!" Ms Porteous called out from the lawyer's bench when the magistrate granted her court costs of $5,000.
"Thank you, your excellency," she told him.
Turning to her lawyer, she kissed Mr Brennan and said: "I'm going to marry you."
Source: Sydney Morning Herald https://www.smh.com.au/national/police-slammed-as-porteous-case-dropped-20061016-gdolz2.html