Rockhampton lawyer pleads guilty after swearing in court

COLOURFUL Rockhampton solicitor Doug Winning says he can't remember whispering "f***ing idiot" in court with the jury present and saying the word "c***" towards prosecutor Danny Boyle.

The high-profile criminal lawyer pleaded guilty on Monday to two disciplinary charges brought by the Legal Services Commissioner.

The Courier-Mail on Saturday reported that Mr Winning didn't admit saying "f***ing grub" and saying the District Court trial was a "f***ing joke" in Rockhampton in May 2012, but he says he won't deny it because he can't recall.

The Queensland Civil and Administrative Tribunal heard that the two profanities were recorded on the court audio and two were heard by an observer in the gallery.

News Ltd reported that Mr Winning admitted accusing Mr Boyle of dishonesty and misleading the court 17 times during the hearing.

Mr Boyle reportedly told the hearing that some of Mr Winning's crude remarks were deliberate and aimed at him.

Mr Winning reportedly claimed the abuse wasn't aimed at Mr Boyle or Judge David Searles.

In the QCAT hearing last week, Mr Winning's barrister Tony Morris QC reportedly dismissed Mr Winning's alleged swearing as mere "mutterings" or "a thought out loud" and argued that "it's not fanciful that Mr Winning cannot recall precisely what was said".

Mr Boyle disagreed, telling the tribunal "(Winning) leaned towards me and said to me "c***". I said to (Winning) "Sorry, what was that?" and he replied, "I was talking to my clerk."

Mr Boyle said the jury may have heard because it was loud.

Mr Winning told the tribunal he may have sworn out of "frustration and anger" after losing his temper during the District Court trial in 2012.

The tribunal has reserved its decision.



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