Occupation Senior Counsel | Name Patrick Power | |
Conviction(s) Possession of child pornography | ||
Patrick John Piers Power (born 12 May 1952) is a former Senior Counsel in New South Wales, Australia. He was Deputy Senior Crown Prosecutor at the NSW Department of Public Prosecutions (DPP). In May 2007 he was convicted of possessing child pornography.
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Early life
According to Who's Who In Australia, Power was educated at Barker College in Hornsby, an Anglican Church school. He obtained his law degree at the Australian National University, his master's degree at the University of Sydney and accomplished an MBA at the University of New South Wales. He returned to Sydney Uni to work on his PhD. He completed his PhD thesis at the ANU on comparative restorative justice practice.
Legal career
Power was admitted as a barrister and worked for 16 years as a prosecutor in serious criminal cases (including sex cases). He was also the chairperson of the New South Wales Youth Justice Advisory Committee. He was instrumental in promoting and helping draft the Young Offenders Act 1997 (NSW) which instituted restorative justice conferencing for young offenders. He was a consultant to the New South Wales Government on the implementation of restorative justice processes for adults. [1]
Arrest and conviction
On 4 July 2006 Patrick Power requested the information technology department of his office to repair his personal computer which had been experiencing technical problems. During repairs, the technician examining the computer discovered a sub-directory (folder) containing evidence of files associated with child pornography including 31 video files and links to additional material on a removable hard drive.
The technician notified his superiors and Power was subsequently arrested on 6 July 2006. He was then also suspended from his duties, but remained on full pay until his formal resignation in January 2007. His annual base remuneration amounted to $221,000. [2]
Power pleaded guilty to possessing child pornography during his court appearance at Sydney's Downing Centre Local Court. Victorian chief Crown prosecutor Jeremy Rapke said Power had collected in excess of 29,000 pornographic images including 433 pictures and 31 videos depicting children. He said, they were of "the worst and highest grade pornography" involving "humiliation and sadistic bestiality".
Fifty-nine members of the community, including former colleagues provided references of Power's good character to the court. This included a statement by the state's most senior Crown Prosecutor, Mark Tedeschi QC, a colleague of Power's of 26 years.
Sentencing and release
On 9 May 2007, Power was sentenced to 15 months imprisonment, to serve a minimum of eight months, but was released on bail when his lawyers lodged an appeal against sentence. The appeal was dismissed on 14 June 2007 and Power was imprisoned for seven months. A case against the Daily Telegraph was withdrawn by the Law Society on 20 November 2007 because an apology had been printed by that newspaper.
Power's practicing certificate was suspended by the NSW Bar Association. He was released from gaol on 18 January 2008.
On 17 June, the New South Wales Court of Appeal found Patrick Power guilty of Professional Misconduct, that he was not a fit and proper person to remain on the Roll of Legal Practitioners, and that his name be removed from the Roll of Legal Practitioners.