SOLICITOR Paul Robb tendered personal references among a large amount of material on Marshall, including reports from psychologists, psychiatrists and rehabilitation programs.
One of the references was from Marshall’s wife, Kaija, a serving NSW police officer.
“The receipt of the reference from his wife was a concern to the court as I am aware of protocols that exist, for very good reasons within the NSW police service, regarding the provision of references to the court,” Mr Murray said in his judgement.
“However ... I intend to receive this material ... The issue of the compliance or non-compliance of such protocol is a matter for the NSW police service, not this court.
“I would note in relation to the reference that she apparently only recently became aware of her husband’s addiction.”
Mr Murray said this was against Marshall’s admitted background of drug usage for three years at June 22 last year.
“This lack of knowledge is exceptionally difficult for the court to accept in the light of the alleged closeness between the parties and her professional training,” Mr Murray said.
“But as this is not a relevant matter for the sentencing of Mr Marshall, I do not intend to make any further observations of the content of such a document.
“But it does in my view constitute a proper basis for reducing the credibility and hence the opinions and observations of his wife.”