Slap on the wrist for Darwin lawyer of “exemplary character” … Guilty plea to cocaine bust … Stellar references … Great sporting ability … Subeta Vimalarajah courtside
Matthew Aaron Hubber, the son-in-law of former Northern Territory Director of Public Prosecutions, Rex Wild, plead guilty to two counts of possession of cocaine at Darwin Local Court on 14 July 2017.
Hubber, a prominent Darwin criminal lawyer himself, appeared before Judge Sarah McNamara on Friday morning (July 14) armed with the long-serving NT brief Jon Tippet QC.
Unfortunately for Hubber, his co-accused, Alexander Hatzivalsamis, a Qantas employee-cum-cocaine syndicate operative, spilt the beans in a statutory declaration that revealed two occasions on which Hubber had purchased cocaine from him.
The co-accused met in the Darwin Convention Centre carpark and Casaurina Sports Club carpark on two separate occasions. The NT police’s statement of facts alleged that, on both occasions, Hubber purchased a single gram of cocaine from Hatzivalsamis in exchange for $300 cash.
Even without Hatzivalsamis’ confession, Hubber’s fate was all but sealed, with the court hearing that police had tapped Hatzivalsamis’ phone at the time of the two deals.
Unlike Hatzivalsamis, who likely faces a prison sentence, Hubber walked away with no conviction recorded, a 12-month good behaviour bond, and an order to pay $300 in victim’s levies.
Judge McNamara noted that Hubber had demonstrated “exemplary character”, as attested to by three stellar references from prominent members of the NT community, including David de L. Winter, a former chairman of the NT Legal Practitioners’ Complaints Committee, and Hayley Richards, current executive director of the NT Department of the Chief Minister.
Richards’ reference clarified that “Matthew is not an ultra conservative risk averse person”, evidenced by three minor prior, albeit dated, convictions, for disorderly behaviour, driving a motor vehicle while unlicensed, and remaining on Aboriginal land without a permit.
Hubber’s references, and Mr Tippet, all gave mention to his sporting prowess. As apparent evidence of his good character, his close friend James Paspaley detailed his completion of the Crocodile Cup, a 1,000km race on dirt in far North Queensland, participation in a full Ironman marathon, and understanding of the “particulars of cycling in the off-road and on-road forms”.
All three references also noted that Hubber is a father to two children, separately describing him as “devoted … loving … caring … [and] fantastic” in this role.
Rex Wild and Hubber’s wife, Beth Wild, a senior lawyer at the Northern Australian Aboriginal Justice Agency, appeared at Darwin Local Court in support of Hubber.
Their presence was not to go unnoticed, with Tippet telling the court, “Mr Wild comes here today … well known and extremely well respected”.
The gravitas of Wild’s reputation as somehow relevant to Hubber’s case was not only brought to the attention of the court by Tippet, but also referred to in Richards’ character reference, which lists Mr Wild’s former role as NT DPP as evidence that Hubber “appreciates how his actions reflect on the family and their reputations by association”.
Judge McNamara considered Hubber’s quasi-legal celebrity status to be relevant to the question of sentencing, accepting that the attention the matter would attract would be “a sort of punishment“.
The court also heard the matter was under consideration by the NT Law Society. Hubber is currently a sole practitioner at Hubber Legal, which he established this year after serving as a territory prosecutor.