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From cop to defence lawyer: Patrick Schmidt Pt. 1

I Catch Killers with Gary Jubelin

1h 0m
Transcript

Original podcast

Summary

Written by a model from the transcript; not yet reviewed.

In this episode, host Gary Jubelin talks with Patrick Smith, a former uniform officer, plain-clothes cop, and police prosecutor who now works as a criminal defence lawyer. They examine the practical realities of the justice system from both sides of the bench, contrasting the motives behind prosecution and defence work. The conversation delves into court theatrics, the challenges of jury dynamics, police training in court evidence preparation, and the psychological impact of modern frauds and catfishing scams.

  • The legal system relies heavily on perspective, where prosecutors and defence lawyers view the exact same facts through vastly different lenses. 6:43
  • Police officers should approach the witness box with humility rather than arrogance to avoid being easily discredited by defence lawyers. 27:36
  • Thorough preparation is essential before entering any court proceeding to prevent damaging mistakes during cross-examination. 33:02
  • Romance scams have become one of the most prevalent and devastating forms of modern fraud, heavily exploiting lonely and vulnerable victims. 53:17

Chapters

  1. 0:01
    Podcast Introduction and Host Background

    Gary Jubelin introduces the show, his 34‑year policing career, and the episode’s focus on Patrick Schmidt’s transition from cop to defence lawyer.

  2. 0:46
    Patrick Schmidt’s Career Path Overview

    Patrick Schmidt explains his journey from uniform officer to police prosecutor and now criminal defence lawyer, highlighting the shift from catching killers to defending them.

  3. 1:33
    Oath and Legal Culture Shift

    Discussion of how the oath/affirmation process has moved away from religious references toward a simple promise to tell the truth, reflecting broader cultural changes.

  4. 3:46
    Dealing with Sovereign Citizens in Court

    Patrick recounts a courtroom encounter with a sovereign citizen, illustrating the challenges of enforcing legal procedures against ideologically driven witnesses.

  5. 43:22
    Juror Guidance and Media Influence

    Explores how jurors are instructed to avoid external media and the challenges of enforcing such guidance.

  6. 45:21
    Court System Realities for the Public

    Discusses how most people will encounter court proceedings and the unfamiliar, nerve‑wracking nature of the experience.

  7. 49:30
    The Role and Evolution of Police Prosecutors

    Details the day‑to‑day duties of police prosecutors, the shift to quality control, and the impact on case handling.

  8. 53:17
    Fraud Investigations and Catfishing Cases

    Recounts a detailed cat‑fishing fraud case and broader trends in online financial scams.

  9. 57:23
    Plain‑Clothes Operations and Police Accountability

    Describes undercover work, internal police corruption, and the challenges of policing the police.

  10. 59:37
    Future of Courts and Investigations

    Speculates on how AI and technology will shape court procedures, investigative practices, and the justice system.

Highlights

  • 2:02

    Shift away from swearing on the Bibleinsight

    Patrick Smith notes that promises made in court have shifted from swearing on a Bible to a simple promise to tell the truth, which some people view as an out clause for lying.

  • 6:43

    Perspective in prosecution and defenceinsight

    Patrick Smith compares the legal perspectives of prosecution and defence to watching a nature documentary about lions and gazelles, where the viewer's sympathy depends entirely on which animal is introduced first.

  • 12:06

    The Mothers Day murder casestory

    Patrick Smith recalls a local murder case where a battered woman killed her husband on Mothers Day, which ultimately led to important legal precedents regarding battered wife syndrome.

  • 27:36

    Police officers as witnessesinsight

    Patrick Smith argues that police officers make notoriously poor witnesses when they enter the box with an arrogant or cocky attitude, making them easy targets for experienced defence lawyers.

  • 39:14

    Jury dynamics and dominant voicesinsight

    Patrick Smith shares his view that despite having twelve jurors, verdicts usually boil down to the influence of three dominant personalities while others remain unengaged or easily swayed.

  • 51:08

    Police prosecutor training methodsdata

    Patrick Smith describes the rigorous training program for police prosecutors that included weekly exams and intense court supervision, which he considers superior to standard university legal training.

  • 53:17

    The mechanics of romance fraudstory

    Patrick Smith explains a sophisticated catfishing scam where fraudsters intercepted rental payments from Queensland apartments and funneled stolen funds through an unsuspecting older man's bank account.

Quotes

  • “The public has had a long-held fascination with detectives.”
    Unnamed speaker · 0:01
  • “You can take an oath or an affirmation.”
    Unnamed speaker · 1:56
  • “The way I like to tell it to people, and especially to my clients in defence, it's perspective.”
    Unnamed speaker · 6:43
  • “Preparation prevents piss poor performance.”
    Unnamed speaker · 33:02
  • “Juries will convict if they don't like your client.”
    Unnamed speaker · 38:10
  • “I think we're living in la la land, thinking they don't.”
    Unnamed speaker · 44:10
  • “The advocacy experience that you get from picking up a file within five minutes and running it and having to pick up the issues.”
    Unnamed speaker · 50:47
  • “I do love the, I do really enjoy when the judge gets called your majesty.”
    Unnamed speaker · 45:49
  • “And I think there was a fam, the famous saying, Ca- Casey Donovan, I think, got catfished quite badly as well.”
    Unnamed speaker · 55:53
  • “So the brief handlers got taken away from the station and then it went to the prosecutors.”
    Unnamed speaker · 50:11

About this episode

Former police prosecutor turned defence solicitor Patrick Schmidt sits down with Gary to reveal what really happens when police face a good defence lawyer in court and why so many officers struggle in the witness box. With 8 years as a police prosecutor and now defending clients full-time, Patrick has seen both sides. He breaks down how defence lawyers pick apart police evidence, why arrogance and emotion get officers into trouble, and why preparation is everything when you take the stand. See omnystudio.com/listener https://omnystudio.com/listener for privacy information.

Transcript

0:00
1:00:05

12,501 words · 2 speakers

Topics

  • Sydney
  • Marrickville
  • Parramatta
  • Wollongong
  • New South Wales Police
  • Sydney Central
  • Downing Centre
  • New South Wales
  • Australia
  • Oates and Smith

Page updated · transcript and summary are machine-generated