Lawyer for ATO whistleblower Richard Boyle urges court not to impose convictions
Former debt collection officer Richard Boyle went public with concerns about the culture at the ATO in 2018 — marking the start of a years-long legal battle.
He had faced 66 charges but over time many were dropped, before he in May pleaded guilty to four counts under a deal struck with prosecutors.
At a sentencing hearing on Friday, prosectors said Boyle's offending constituted a serious breach of privacy, and a period of imprisonment was warranted — but they were not opposed to the term being suspended.
Boyle was charged after he made a series of allegations on the ABC's Four Corners program, including that his area was instructed to use heavy-handed tactics on taxpayers who owed the tax office money.
Over the years since he spoke out, Boyle had made several failed attempts to secure immunity from prosecution using whistleblower protections.
He eventually pleaded guilty to disclosing protected information, making a record of protected information, using a listening device to record private conversations and recording another person's tax file number.
Defence counsel Steven Millsteed KC said the court should recognise Boyle was not acting out of any nefarious motivation, self-interest or malice.
Instead, he was guided by a "sincere belief that he was acting in the public interest".
"His conduct, though unlawful, was grounded in a moral courage and a deep commitment to public service," he told South Australia's District Court.
Mr Millsteed added that the allegations raised by Boyle "did some public good".
"It resulted in the Inspector-General of Taxation conducting an investigation into the ATO's use of garnishee notes, and changes were made in respect of that," he said.
In urging the court not to record convictions, Mr Millsteed said the ongoing legal action had taken a toll on Boyle's family, financial situation and mental health.
Prosecutor Nick Robinson KC said Boyle's motivations did not change the fact he acted unlawfully.
"This is the court of law, not the court of morals," he said.
He said Boyle's actions were long-running, criminal and threatened the protection of privacy and commercial interests.
Mr Robinson said general deterrence should be factored into his sentence, and urged Judge Liesl Kudelka to record convictions against him.
Boyle shook his head from the dock as Mr Robinson disputed the submission that he was remorseful for his actions.
Outside court, Whistleblower Justice Fund founder Rex Patrick said the lengthy legal proceedings had taken a toll on Boyle.
"Richard has been dragged to hell and back," he said.
"The message it sends anyone who's sitting inside the public service who wants to blow the whistle [is] that you should not do this. This is going to wreck your life."
Mr Patrick said he hoped Judge Kudelka would record no conviction.
"Then Richard can get on with his life," he said.
Boyle did not make any comment as he left court with his supporters — some of whom became visibly distressed during the hearing.
He will be sentenced later this month.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
ABC News
13 minutes ago
- ABC News
Man charged with supplying nitazene-laced vape liquid in Australian first
A Sydney man is the first person in Australia to be charged with supplying potentially lethal nitazene-laced vape liquid that police call a "disturbing evolution" in the illicit drug trade. Following an investigation, NSW Police allegedly uncovered evidence that the 20-year-old man had been running a sophisticated illicit drug distribution model to facilitate the supply of the nitazene in vape liquid vials between March and July this year. On Friday, detectives raided a property in Revesby in Sydney's south where they allegedly located electronics, vape hardware, vials and more than $7,000 in cash. Police said they also seized two imitation firearms, an electrical weapon and a safe, which they were unable to open at the property. Officers later cracked into the safe where they allegedly found a further 1.8 kilograms of nitazene, bringing the total amount of the drugs seized to 2.1kg. A man was arrested at the property and charged with supplying prohibited drug in a commercial quantity and knowingly dealing with proceeds of crime. Police allege the man was involved in the sale, preparation, and distribution of the vials, which were marketed as "supercharged". In a statement, Drug and Firearms Squad commander Detective Superintendent John Watson said nitazenes were highly addictive and could be lethal. "By lacing vape liquid with these synthetic opioids, suppliers are deliberately creating dependency, hooking users to ensure repeat business," Superintendent Watson said. Superintendent Watson said this Australian first demonstrated a "disturbing evolution of the illicit drug trade". According to NSW Health, nitazenes are extremely potent synthetic opioids which are more likely to decrease or stop breathing than other opioids. Authorities said the drugs could be hundreds of times more potent than heroin and could cause severe overdose or death. Addiction specialist Hester Wilson warned about the dangers of synthetic opioids. "Opioid overdose symptoms can include pinpoint pupils, drowsiness, loss of consciousness, slow breathing/snoring or skin turning blue or grey," Dr Wilson said. "It is strongly recommended that anyone who uses any recreational drugs carry naloxone … a lifesaving measure which can temporarily reverse an opioid overdose, including from nitazenes."
ABC News
13 minutes ago
- ABC News
Police working to establish casualties after van crushed under truck in crash at Ravenhall
An unknown number of people are stuck inside a van that crashed into a truck in Melbourne's west on Wednesday. Emergency services responded to reports of a collision on Fuller Road, Ravenhall, about 20 kilometres west of the CBD, just before 8am. Footage showed the front half of a delivery van crushed under the back of a semi-trailer. Police said the truck was parked when the van collided into it. "The exact circumstances surrounding the collision, including the number of occupants and extent of their injuries, are yet to be established and an investigation is ongoing," a statement from Victoria Police said. The van remains trapped under the trailer and police are working to determine how many people are inside. No deaths have been confirmed. Crews from Fire Rescue Victoria, Ambulance Victoria, and the State Emergency Service also responded to the incident. An investigation is ongoing.
ABC News
13 minutes ago
- ABC News
Snowtown murderer James Vlassakis parole review yet to be decided, police commissioner says
South Australia's Police Commissioner says he will speak with Major Crime detectives before deciding if he will seek a review of the decision to grant Snowtown murderer James Vlassakis parole. The SA Parole Board on Tuesday granted parole to the youngest of the four perpetrators involved in the "bodies-in-the-barrels" serial killings between 1992 and 1999. Vlassakis was sentenced to life, but because he helped authorities the court handed down a non-parole period of 26 years that ended in May. SA's Attorney-General, the Victims' Rights Commissioner and SA Police Commissioner Grant Stevens have 60 days to request a review to the parole board's decision. Mr Stevens told ABC Radio Adelaide he had not yet decided whether he would seek a review, but said he would consider the matter once he had had a chance to examine the parole board's decision. "I haven't seen the basis for the decision of the parole board at this stage … and we'll have a look at how that aligns to any prior advice that we've given to the parole board in the lead-up to this parole board hearing," he said. "On the basis of that … I will make a decision as to whether there's something I'll do, in terms of what I'm able to do under the Correctional Services Act." Mr Stevens said public safety was a major factor among "a range of considerations" that would determine whether he would seek a review. "Major Crime Investigation Branch have a significant stake in this, and they also have the connection with families and other interested stakeholders," he said. "I've already spoken to the head of Major Crime, Superintendent Darren Fielke — he's waiting for that report from the parole board. "That would be the first point for us to start working through a process that'll lead to a determination." The Commissioner for Victims' Rights, Sarah Quick, told ABC News Breakfast she could not reveal if she would seek a review of the decision to grant Vlassakis parole. "There are very strict confidentiality requirements around the review process, so none of us are at liberty to disclose whether we will or won't lodge a request for a review of that decision, so I really can't comment," Ms Quick said. She said responses from the loved ones of the Snowtown victims to the parole decision had varied. "Certainly knowing that [Vlassakis] is subject to conditions for the rest of his life does bring them some sense of security." She said the crime continued to have an impact on victims. "I think we tend to overlook that in our desire for true crime stories and the details of crime," she said. "We tend to overlook the impact on victims and their families, and it is really important to understand that every media report does trigger victims, triggers their grief and their trauma." SA Parole Board chair Frances Nelson KC said a review could be requested by authorities to check whether the board had erred in its decision-making. "They can seek that the parole review commissioner Michael David KC review our decision," she said. "That doesn't entitle him to impose his own views but simply to see if we've made an error in the process." She said she understood why victims might not want Vlassakis, whose image remains suppressed, released into the community, but the parole board could not impose further sentence on an offender. "We can only look at what our role is. Is he suitable for parole, having regard to the legislative criteria? And he is," she said. Ms Nelson said the board had "very carefully" considered the potential risk to community safety. "He wouldn't be released directly into the community — we never release life sentence prisoners directly into the community," she said. "Apart from anything else, the world has changed a lot in the last 26 years. I doubt he even knows how to operate a mobile phone." Ms Nelson said Vlassakis would enter a pre-release centre where he would be introduced to "a very careful resocialisation program" and have psychological counselling. She said Vlassakis, whose behaviour in prison had been "exemplary", would have "family support" as well as parole conditions for life. "There are some geographic exclusion zones which the victims have requested — we raised that with him and he volunteered that the last thing he wants to do inadvertently [is] to run into one of the victims' families," Ms Nelson said. "He wants to work. He appreciates it would be very difficult for him to get employment with his history. "He faces a number of challenges, including the media [which] would be fairly intrusive — and that's actually a good thing because if people think the door will open and everything will be rosy, they are heading for disappointment. But I think he's thought through the difficulties that he will face."
