Private Bar
Gay Hate Crimes Inquiry
ACT Inquiry into the Criminal Justice System (the Bruce Lehrmann trial)
Inquest into the deaths of the Balibo Five
Prosecutor
Mark prosecuted many of the most complex and high-profile trials in Australia between 1998 and 2018. A selection of these cases is provided below.
Name of accused: Ivan Milat
The “backpacker murders” case. Milat was convicted of the murder of seven young backpackers, many of them overseas visitors, whose bodies were found in the Belanglo State Forest. One of Australia’s worst serial murderers. My cross-examination in this case has been the subject of a book ‘R v Milat: A Case Study in Cross-Examination’ by Dan Howard (LexisNexis), 2014.
Phuong Ngo
Assassination of John Newman MP, a sitting member of Parliament, by a political rival. The only political assassination in Australia’s history.
Chiew Seng Liew & Phillip Choon Tee Lim
Murder of Australia’s most prominent heart surgeon, Dr Victor Chang, in a botched extortion attempt in a suburban street of Sydney.
Tim Anderson & Evan Pederick
Hilton Hotel bombing trials. The explosion of a bomb outside the Hilton Hotel in Sydney during a Commonwealth Heads of Government meeting caused three deaths. Two accused, both members of the Ananda Marga, were charged with the bombing. One confessed to the bombing and went to trial on a purely legal issue, and then gave evidence against the other, who was convicted at trial but acquitted on appeal.
Sef Gonzales
A young man convicted of murdering his parents and sister in their suburban Sydney home in order to inherit his parents’ wealth. He alleged they were victims of Asian crime gangs or that it was an anti-Asian hate crime and he raised two false alibis.
Dr Suman Sood
Australia’s first illegal abortion trial in over 30 years, in which the doctor was charged with negligently causing the birth of a foetus at 24 weeks gestation.
Gordon Wood
The death of Caroline Byrne at the Gap in Sydney’s eastern suburbs was considered as suicide for many years but was subsequently reinvestigated by police. The accused was a member of a group of young men who worked for controversial stockbroker, René Rivkin. Wood was convicted by a jury of the murder of Caroline Byrne but acquitted on appeal.
Mark has also prosecuted several high-profile political cases overseas, including:
Fiji
In 2006, Mark conducted the prosecution of the former and current Prime Minister and former Military Commander of Fiji, Major General Sitiveni Rabuka, in the High Court of Fiji on charges of inciting mutiny. The mutiny occurred in 2000 soon after the violent coup by George Speight and a group of Fijian soldiers. The mutiny was ruthlessly suppressed and resulted in many deaths of serving soldiers. This trial was complicated by the fact that it took place during the 2006 military takeover of Fiji by Commodore Bainimarama.
In 2004, Mark conducted the prosecution of the Vice-President of Fiji and four other prominent people, including the Deputy Speaker of the House of Representatives, a government minister and two other prominent citizens, in the High Court of Fiji. They were charged with taking treasonous oaths of office as rebel President and Ministers during the violent coup by George Speight in 2000. After convictions of four of them, Mark returned to represent the State in their appeals to the Fiji Court of Appeal where their convictions were confirmed.
Tonga
In 2002, Mark provided advice to the Solicitor General of Tonga on a high profile and sensitive prosecution of a prominent Member of Parliament on a charge of sedition.
East Timor
In 2001, Mark provided a lengthy written advice on international criminal law to the UN Prosecutor General of the United Nations Transitional Administration in East Timor (Mr Mohamed Othman) on the criminal liability of persons alleged to be responsible for the deaths of five journalists at Balibo during the Indonesian invasion of East Timor in 1975.