A top barrister’s inappropriate, unwanted and non-consensual sexual contact with a junior lawyer justifies a finding he is an unfit person to practice law, a tribunal has ruled.
On Friday, the Legal Practitioners Disciplinary Tribunal found Enzo Belperio, of Bar Chambers, had engaged in professional misconduct in mid-2020.
However, it also dismissed two of the four allegations made against Mr Belperio – and refused to immediately ban him from being alone in chambers with female practitioners.
Mr Belperio – heir to the Fasta Pasta restaurant empire – did not attend the tribunal to hear the decision in person, and the decision does not mean the end of his career.
It will now fall to the Full Court of the Supreme Court to determine whether or not Mr Belperio will be permitted to continue in the profession, or be struck off.
The Advertiser can also reveal Mr Belperio is one of the minds behind the proposed DennisLaw AI legal tool being developed in Adelaide.
It is understood Mr Belperio joined the project, invented by Adelaide software engineer and former RAAF pilot Rowan Willson, several months ago.
The Commissioner alleged Mr Belperio made “inappropriate and uninvited physical and sexual contact or advances” to the lawyer in mid-2020.
She gave evidence at the hearing, saying she felt unable to reject his unwanted sexual advances without “tarnishing” her firm’s reputation.
Mr Belperio denied any wrongdoing, saying the incident was consensual, the young female lawyer was “happy” the whole time, and that he stopped all contact when she asked.
The Commissioner, however, alleged he was “full of apologies and remorse” until the lawyer made a formal complaint, then “deliberately attempted to pressure her” to drop it.
Mr Belperio, it maintained, had “leveraged” the “imbalance of power” between them – an imbalance that his counsel insisted did not exist.
On Friday, the tribunal said it had dismissed two of the four allegations against Mr Belperio.
However, it said it was satisfied by the evidence concerning two of the counts.
“We find that the practitioner engaged in inappropriate and unwanted physical or sexual contact and or advances toward (the lawyer),” it said.
“We also find he used his professional relationship with her and her firm to remain in contact, thereby enabling him to engage in physical or sexual contact in circumstances where he knew, or should have known, she was not consenting.
“We find the practitioner engaged in conduct, occurring in the circumstances of practising the law, which would justify proceedings he was not a fit and proper person to practice the profession of law.”
Frances Nelson KC, for the Legal Practitioners Conduct Commissioner, said she expected to be instructed to pursue the matter in the Full Court.
“I seek an interim order that Mr Belperio be prohibited from being alone in chambers with female practitioners, given the finding,” she said.
Julie Condon KC, for Mr Belperio, opposed that application saying it had been made “without notice” and she needed time to consider the tribunal’s reasons.
The tribunal agreed, declining to make the interim order and adjourning the case until next month.