Melb lawyer banned over comments to victim
A Melbourne lawyer who tried to stop a sex abuse victim from helping police in their case against Yeshivah College security guard and paedophile David Cyprys has been banned from practising.
Alex Lewenberg, 74, was suspended for 15 months and ordered to pay costs of more than $55,000 to the Victorian Legal Services Commissioner, by the Victorian Civil and Administrative Tribunal on Tuesday.
The penalties come after Mr Lewenberg was found guilty of professional misconduct following a hearing in March.
The ban starts from June 1 and Mr Lewenberg will have to complete an ethics and professional responsibility course before returning to work.
The misconduct charges arose from 2011 comments Mr Lewenberg made while representing Cyprys, telling the victim he should not help the prosecution of a fellow Jewish person, no matter what the accusation.
The matter was meant to be a three-day hearing in March, but was knocked down to a one-day hearing with Mr Lewenberg's counsel inviting the Tribunal to find him guilty of the lesser offence of unsatisfactory professional conduct.
Mr Lewenberg was instead found guilty of two counts of professional misconduct.
In her written orders, VCAT Acting President Pamela Jenkins found Mr Lewenberg had been combative with the VLSC in their investigation into the complaint.
She also questioned an apology Mr Lewenberg wrote to the victim, dated on April 4 this year.
"It does nevertheless reflect poorly upon (Mr Lewenberg's) genuine insight into the impact upon (the victim), having left making such apology until now," she wrote.
Mr Lewenberg also admitted to previous misconduct findings, including being banned from practising for two years in 1989.
Judge Jenkins said Mr Lewenberg's suspension was "to protect both the public and the reputation of the profession from the consequences of such offending."
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