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 Liar's fall a lesson for us all 

Liar's fall a lesson for us all

26 Mar, 2009 12:14 PM
Former Federal Court Judge Marcus Einfeld was taken from the NSW Supreme Court into custody last Friday, after being sentenced by Justice Bruce James to a two-year non-parol period for perjury and perverting the course of justice.

Whilst clearly these charges and the court's sentence are very serious, the circumstances that led up to them are almost too crazy for many of us to believe. As the facts now show, throughout 2006 and 2007, Einfeld lied about driving a car that was caught speeding on camera.

The lies were contradictory, childlike and often hard to believe. Yet isn't one of the first lessons all children learn thou shalt not lie? If so, then why did this experienced, well regarded, former Australian judge lie to avoid a small speeding fine? Why did he not realise that adding one lie upon another and another would end up burying him in a deep and hopeless hole such as the one he is now in?

To recap on the facts, Einfeld's silver Lexus was captured on a speed camera doing 60km/h in a 50km/h zone in Sydney in January 2006. Einfeld faced a $77 fine and the loss of three demerit points for this offence. However, Einfeld told a court under oath in August 2006 he was not driving the car that day; he had lent it to Teresa Brennan, a friend and professor from Florida. As a result of this testimony, the offence was dismissed by the magistrate.

Yet when journalists from The Daily Telegraph looked on the internet for a picture of Teresa Brennan, they found she died three years earlier in a car accident. When confronted with this allegation, Einfeld said another academic, also named Therese or Terese Brennan, had borrowed his car.

But mobile phone records showed Einfeld was in the area on the day of the offence and he had driven a companion, former SBS journalist Vivian Schenker, home from lunch at a restaurant nearby. So Einfeld again changed his story and claimed he was driving his mother's Corolla and Schenker drove his car. However, security footage showed his mother's vehicle did not leave her apartment's car park on the day of the offence. At this point, and with many people including the police questioning the validity of Einfeld's claims, the stories all unravelled.

So why did a successful, experienced former judge keep lying like this? Whilst this type of question is not new we have asked it many times about executives, bankers, accountants and the like the idea that high profile, intelligent people can create webs of deceit, illusion or carelessness still troubles many of us. We ask are these individuals villains, fools or more accurately thought of as a bit of both?

Justice James of the NSW Supreme Court showed he considered Einfeld a villain. He found the lengthy statement Einfeld made to the police, which formed the basis of the charge of perverting justice, contained ''a number of knowingly false assertions''.

He accepted the prosecution's argument that Einfeld engaged in ''deliberate, premeditated perjury'' to avoid incurring demerit points on his drivers licence. He concluded Einfeld had engaged in ''planned criminal activity'' in implicating others in the issue of who had actually been driving the car.

It is true that once a lie is proven to have been made, a court will tend to infer it was deliberate. To do anything else would require courts to engage in cognitive explorations of a defendant's state of mind that they are just not equipped to do. Yet one is still left asking whether issues of knowledge are always as black and white as the judge's finding makes them seem? Are there not sometimes shades of grey around our decision making and our ''knowing'' that mean we may not always have acted as consciously and deliberately as this characterisation of Einfeld's behaviour would suggest?

The prosecution alleged Einfeld's main motive for lying was to avoid loosing demerit points on his licence. Yet on the facts it would seem more likely that Einfeld lied initially to protect his reputation (which he has now lost). As cognitive psychology has shown, acting out of self-interest is a common and automatic egocentric default in our thinking.

Like many high achievers, Einfeld possibly struggled with admitting he made mistakes, even to himself. Having spent many years enforcing criminal laws, he may have found it hard to admit he had broken the same laws he had upheld.

He may also not have consciously acknowledged at the start that what he was doing in denying the offence was wrong. Highly successful people often see themselves as competent, deserving and moral, and this view obstructs their ability to recognise the errors they make.

However, although this may have been the case when Einfeld was initially confronted with the offence of speeding, once he continued to compound the lies in court, on television and with the police his self-delusion (if it ever existed) could no longer be argued as defensible. Probably motivated largely through fear of the consequences for his reputation, he made the childlike response of continuing to lie and burying himself further in stories he could not sustain.

Not surprisingly for someone with a previous remarkable career, now Einfeld has admitted he lied and is being sent to jail, he is looking to make sense of his actions. He told ABC's Four Corners recently he considered he was an honest man who made a mistake by lying. ''I don't think I'm the slightest bit dishonest. I just made a mistake.''

When one looks at Einfeld's demeanour as he says these words, it seems still hard thing for him to admit he lied.

Perhaps the idea that his behaviour was out of character helps explain to him the extraordinary events he caused to unfold. But we can only wonder whether the realities most of us live with that when we get ourselves into serious situations or do something wrong, we are best off admitting our mistakes and dealing with consequences have at last come home to him. If this is the case, let it be a warning to us all. Delusions of self-importance and self-interest are normal. Expecting everyone else to go along with them is not.

Kath Hall is a senior lecturer in law at the Australian National University's College of Law.

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My young daughter was asked last week why she told her teacher the truth after the teacher queried her about some misbehaviour going on in her class. Her answer was simple "Marcus Einfeld" Good lesson for us all.
Posted by T, 26/03/2009 12:11:53 PM
He just has not learnt the lesson. It is not a mistake when you deliberately tell a lie. I made a mistake this morning when I bought the wrong stock on the share market. I have a feeling that he thought he was above the law and thought he could get away with it by lying.
Posted by minh nguyen, 26/03/2009 1:55:16 PM
You may not like what I'm going to say, but as Marcus Einfield -in astrology- is a Virgo. The Virgo picture is a virgin who is thrashing away at the chaff of wheat till every last seed had dropped. My life experience of this sign, is what I call the 'virgo slide' where they always are right even when they are wrong. They live to such internal high ideals that even as Collette Livermore in her recent book titled "Hope Endures" reveals that Mother Teressa had written and admitted to the 'black dog/white dog" wrestling within and to cover up any appearance of inconsistancy she dedicated her life to extreme lofty ideals that crashed within Livermore (Sister Tobit) to the point of almost self-anniliation, then she left the Order of Missionaries of Charity. The extremes of complete "I don't consider myself as slightly dishonest" even after the event, just demonstrates my comphrensive anaylis of those born within that sign. Most people lie to please others or to gain but Virgoes in the extreme still live in a state of self-denial. Our PM Rudd is a Virgo and the exaustive covering and reconstruction of sentences to enable him to 'not lose face' is most common to most of these signs. I didn't invent this assumption, but researched why the Virgoes I knew seemed so obliging one moment, your best of friends, always helpful- then the 'Jeckel&Hide' reverses all that I clung to. I know you won't print this honest response as you will just dismiss it as 'not reasonable in a Western society' where we are more enlightened. Do your own self a favour and read 'Hope Endures' and see behind 'the veil' of the cruelty and harshness of Mother Teressa.
Posted by adaptapensioner.com, 26/03/2009 2:33:20 PM
I watched the ABC 4 Corners program on Justice Einfeld the other night & it seems it was established it was a pattern of behaviour over a number of years when Justice Einfeld said some-one else was driving when clipped by camera for a driving offence.Justice Einfeld,while sitting in the back seat of a car and being interviewed, on camera ,on his way to court for sentencing didn't wear his seat belt....NO RESPECT FOR AUSTRALIA's LAWS IN ANY WAY SHAPE OR FORM.
Posted by dusty, 26/03/2009 3:32:10 PM
For christ's sake go after some real liars and leave him alone. Go after Philip Ruddock who locked up the kids Einfeld lobbied to protect, go after Howard who sent soldiers to murder similar children based on lies. Go after AWB who have never been charged for giving $300 million to Saddam Hussein or Alex Downer who lied to everyone while East Timorese citizens were being slaughered. The problem with our pathetic, whiney media is that they only want to crucify people like Einfled and don't bother with the real criminals. So he told a white lie. Get over it. And T. that is such bullshit. She would have said "John Howard" who was the arch liar who now lives free as a bird and gets a massive pension.
Posted by Marilyn, 26/03/2009 3:43:32 PM
Marry me Marilyn. I love you!!!
Posted by Chris, 26/03/2009 5:05:38 PM
Marilyn,I hope you'vegot a great big picture of him on the wall....underneath...THE BIGGEST LOSER!!!
Posted by dusty, 26/03/2009 5:40:27 PM
I think we have reached a time when many ordinary citizens are tired of being lied to. Our governments and politicians do it, the CEO's and directors of large companies do it, drunken footballers of all codes do it. And we're really over it!! We try to teach our kids better values while the behaviour modelled, by so many portrayed in the media, is dishonest. I didn't see the Four Corners program but critics have all referred to a pattern of untruthfulness on Einfeld's part. I agree Marilyn - Ruddock, Howard, Downer were all frugal with the truth. I wish they were all in court, too, along with Trujillo and all his kind. And that Peter Costello is taking money for nothing too! However, the fact that they haven't been charged does not seem to me to be a good reason for Einfeld not to be punished after a fair conviction. We need to start somewhere with countering the rampant greed and dishonesty on view all round us. I hope he's only the first of a long list.
Posted by MMcI, 26/03/2009 6:10:55 PM
Heed the eleventh commandment - "Thou shalt not get caught".
Posted by Brian, 26/03/2009 9:41:26 PM

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