MEDIA RELEASE: Tobias Moran files Malicious Prosecution against NSW Police
On 26 July 2022 Mr. Moran was arrested in Perth, WA and voluntarily extradited to NSW to face a charge of murder in relation to the death of his girlfriend, Simone Strobel, in Lismore in 2005.
On 14 June 2023, after Mr. Moran had spent 10 days in custody and 10 months on strict bail conditions, the NSW ODPP withdrew the charge of murder against him. The court subsequently ordered that the State of NSW pay Mr. Moran’s legal costs.
O’Brien Criminal & Civil Solicitors have now filed civil proceedings in the NSW District Court against the NSW Police for Malicious Prosecution.
Representing Tobias Moran
Representative for Mr. Moran, OBS Special Counsel, Stewart O’Connell, stated:
“Mr. Moran has consistently maintained his innocence of this horrific crime. There has never been any convincing evidence of his involvement. He has had to endure both the shock and pain of Simone’s death and the devastation and distress of being blamed, arrested and detained for it. These proceedings will examine the investigation and prosecution of Mr. Moran and, if found to be improperly motivated, will ensure that Mr. Moran receives some justice. That is the outcome we will be fighting for.”
OBS Principal Solicitor, Peter O’Brien, stated:
“Our firm prides itself on its excellent record in malicious prosecution cases, including significant cases such as the Bill Spedding case, which the NSW Court of Appeal declared was the worst case of malicious prosecution and abuse of police power in New South Wales history. Mr. Moran has our full support, and we look forward to fighting this case on his behalf.”
Mr. Moran said:
“This is an important step towards clearing my name and holding the relevant NSW Police Officers to account for what I believe was a prosecution driven by improper motives rather than a pursuit of the truth. I also hope this action brings renewed focus on the investigation into Simone’s death. She was a very special person who deserved better, and her family deserves better. Everyone impacted by Simone’s death and the aftermath deserves some answers and closure”
Please contact or call (02) 9261 4281 for any media enquiries.
Stewart O'Connell is a Special Counsel at O'Brien Criminal & Civil Solicitors, bringing over 20 years of experience in criminal defence and defamation law to the firm. He holds an LLB and a Graduate Diploma in Legal Practice. Stewart has appeared as a barrister in ten jury trials, winning nine, and represented the client who received the highest defamation award in Northern Territory Court history.
He has also negotiated significant compensation settlements in defamation matters against major media organisations, including The Sydney Morning Herald, The Daily Telegraph, The Daily Mail, 7News, and The Financial Review. Earlier in his career, Stewart spent thirteen years working with the Aboriginal Legal Services and ran the Northern Territory Legal Aid office in Katherine.
In 2000, he received the National Children's and Youth Law Centre's National Award for Aboriginal Youth Lawyer of the Year. He served as the Senior Project Officer on the Inquiry into Child Sexual Abuse in Aboriginal Communities in the Northern Territory and later represented youth clients in the Royal Commission into the Protection and Detention of Children in the Northern Territory.
Stewart has also taught Criminal Law at the Australian National University. Known for his direct, empathetic communication style, Stewart prioritises achieving the best and most efficient outcome for every client, whether through skilled negotiation or vigorous courtroom advocacy.
