Talk:Ric Mochalski

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Conviction

The following discussions have occurred at wikiproject pages and have been copied here for ease of reference.--Find bruce (talk) 23:00, 7 January 2021 (UTC)[reply]

Archive 5#Mochalski I've got conflicting sources concerning Ric Mochalski, NSW Labor MLA for Bankstown 1980–86, who was forced to resign from parliament over allegations of improper conduct relating to the collapse of a trust he was directing. The New South Wales Parliament says he was charged, convicted and struck off the register; however, Antony Green, also writing on the NSW Parliament website, says that he was found not guilty of all charges. Does anyone know which one is correct? Frickeg (talk) 04:14, 4 May 2010 (UTC)[reply]

I can't find anything in law reports, I'm afraid. --Mkativerata (talk) 04:30, 4 May 2010 (UTC)[reply]

This doesn't really confirm one source or the other, but The Constitution of New South Wales by Anne Twomey says that in 1986 a notice of motion was given to expel Mochalski from the Legislative Assembly, but he resigned on health grounds before the motion was debated. Pure speculation, but I suppose he could have been charged, convicted, struck of the solicitors' roll... and then found not guilty on appeal? So both sources could be correct? --Canley (talk) 06:42, 4 May 2010 (UTC)[reply]

Strangely, nothing in Political Chronicles either. Orderinchaos 06:51, 4 May 2010 (UTC)[reply]

Here's another source from the NSW Hansard (The Hon. Ian Macdonald debating the Independent Commission Against Corruption (Amendment) Bill in 1994): "The code of conduct as it stands is subject to the mastery of this House. This House will determine whether a member has breached any form of conduct. That is occurring in the other Chamber this afternoon, and it has done so before. Rick Mochalski was drummed out of this Parliament seven years ago on the basis that he had been charged with offences under the Corporate Affairs Act. Those charges were later thrown out. He was hanged well and truly before there was any version of a trial. We must be careful about putting up propositions that set up a regime that is virtually impossible to control." This seems to imply he was charged but not convicted, as no trial appears to have taken place and the charges were thrown out. --Canley (talk) 06:54, 4 May 2010 (UTC)[reply]

Australian Wikipedians' notice board#Ric Mochalski The article states "Mochalski was subsequently charged with fraud and conspiracy, but was later acquitted of all charges." But reference 1 [1] which is not quoted in the paragraph concerned, states "He was subsequently charged, convicted and struck off the roll of solicitors which seems to contradict the article. Can someone confirm this before I go and change things.Fleet Lists (talk) 06:02, 7 January 2021 (UTC)[reply]

Other than the parliament website, I can't see any news coverage of him being convicted of anything. Hack (talk) 14:41, 7 January 2021 (UTC)[reply]

The text that he was acquitted was added with this edit. There are multiple reliable sources of him being struck off as a solicitor - as well as his parliamentary bio, Richard Charles Mochalski and David Anthony McCarthy [1990] NSWLST 8 and McCarthy v Law Society of New South Wales (1997) 43 NSWLR 42.( Thomson Reuters) The Independent Commission Against Corruption reported in April 1991, however it notes that one charge of conspiracy to comit fraud was outstanding and would not be heard within 6 months of April 1991.

As noted above there are conflicting sources of whether Mochalski was convicted - the parliamentary bio says that he was, as does Clune, David & Griffith, Gareth (2006). Decision and Deliberation. p. 561. ISBN 9781862875913., while Antony Green states he was subsequently acquitted [2] & [3]. I have found newspaper accounts of the trial of the charges eg [4] I have not found anything contemporaneous as to the outcome.

It appears to me that WP:NPOV requires the article to present both points of view. I will boldly edit the article to this effect, but feel free to edit and or discuss. --Find bruce (talk) 23:00, 7 January 2021 (UTC)[reply]