A Queensland man who pleaded guilty to a charge on the advice of a fake solicitor who said he would avoid jail time is claiming a miscarriage of justice after he was sentenced to almost 10 years.
The case of Jason Graham Matheson has shone a light on an allegedly bogus Gold Coast law firm “endorsed” by the barrister who owns it while “instructed” by a law graduate twice convicted of posing as a solicitor.
Matheson was convicted in April of maintaining a sexual relationship with a child, on the account of his former wife and mother of his three children, who claimed their sexual relationship began when she was 13 and he was 21.
He has filed in the court of appeal for a retrial, claiming he was assured by Legal Advisory Service “practice manager” Jacob Reichman and barrister Chris Rosser that the worst he faced by pleading guilty over a charge was a five-year wholly suspended sentence.
Matheson maintains that his sexual relationship with his former wife began when she was 17. But he told the court he was prepared to plead guilty to unlawful carnal knowledge on the advice of Reichman, who he believed was a qualified solicitor.
Matheson told the appeal court in Brisbane on Thursday that “I thought I was in good hands” but was never given full details by Reichman or Rosser of his ex-wife’s allegations and the prosecution brief.
He said that Reichman discouraged him from reading the victim impact statement of his ex-wife, telling him it was “pornographic” in detail.
Matheson said he was “absolutely horrified” to learn the exact nature of the case against him for the first time when it was read out in court the day he pleaded guilty. They included details of alleged digital rape and indecent treatment of a child.
Matheson alleged he had previously told Reichman he would not plead guilty to any of the charges against him.
He said Reichman then told him that he had to “cop something and plead guilty to something or go to trial” which would cost another $20,000.
Matheson said he could not afford that, having already paid $14,000 to Legal Advisory Service.
He alleged neither Reichman nor Rosser raised the possibility of legal aid. He told the court: “I thought I had no option but to plead guilty.”
Matheson’s new legal team, in court papers, alleges his guilty plea was based on gravely flawed advice from Rosser and Reichman, given despite Matheson having a defence to the charge.
Matheson’s lawyers argue he believed he was represented by a firm of solicitors – engaged by his father upon his arrest in 2014 – that was in fact a ruse of Rosser’s.
They allege Rosser lures clients to Legal Advisory Service by promoting it as a solicitor’s firm – including by video testimonial – when it was really staffed by his employee Reichman, who is not a qualified lawyer.
Matheson paid fees for Legal Advisory Service to a bank account held by a company of Rosser’s. Legal Advisory Service was not a registered law firm with the Queensland Law Society. Its ABN and website were registered in the name of Robert Rosser, which Rosser said was in fact him.
Rosser told the court he used the name “Robert Rosser” as it was “part of my name” and he recalled doing so on the advice of his accountant.
Matheson’s barrister Peter Davis accused Rosser of lying by “representing to the world” that his related Brisbane-based Court Advisory Service on its website claimed to be “staffed by experienced lawyers and barristers when it’s just you”.
Rosser claimed the fact he would refer civil, family and some criminal matters to other lawyers meant it was true.
Chief justice Cate Holmes, on the bench, told Rosser: “But it won’t be Court Advisory Service, will it?”
The court was shown a video on the service’s website in which Rosser, describing himself as “barrister at law”, referring to the firm in the third person and urging people to “talk to them before making any arrangements with any law firm”.
Davis said Rosser was “using the authority of your office as a barrister to entice people to use Legal Advisory Service… but you don’t tell the viewers that what you’re actually doing is recommending yourself”.
“I suggest that you are trying to pretend that both of [your] establishments are law firms, and you’re trying to pretend you are separate from those law firms,” he said.
“Not at all,” Rosser said.
Rosser denied misleading the public, saying he was entitled to advertise his legal services, including on Gold Coast council buses.
Rosser said he was not pretending to be a firm of solicitors but that “I can be a law firm”.
He claimed Reichman did not give legal advice but relayed information to clients on “how I run my business”. This included when Reichman visited clients in police custody “not to give legal advice…[but] as a support person”.
The court heard Reichman’s conviction for posing as a solicitor in breach of legal profession laws included him attending a police interview with a client on Rosser’s instruction.
Rosser maintained Reichman had been dispatched as a “support person … he’s not there to give legal advice”.
But when pressed by Davis, Rosser conceded Reichman had been convicted for giving legal advice.
The hearing continues.
