Embattled judge Marcus Einfeld has reneged on a promise to identify who was behind the wheel of his speeding car - and blamed police inaction for the silence. Despite earlier claiming the announcement of the "actual driver" was imminent, Mr Einfeld's legal team yesterday refused to reveal that person's identity. The silence comes after Mr Einfeld gave three different versions as to who was driving the 67-year-old's silver Lexus when it was clocked at 60km/h in a 50km/h zone at Mosman on January 8 this year.

Barrister Winston Terracini SC yesterday said Mr Einfeld's legal team had not been contacted by NSW Police's State Crime Command. He said this prevented the disclosure of the person he had earlier claimed had been driving Mr Einfeld's speeding car. "In light of what Police Minister (Carl) Scully announced yesterday, we will fully co-operate with any inquiry," Mr Terracini told The Saturday Daily Telegraph. "As soon as the police contact us - we feel that it's far better that we release any information to them (rather than the media)."

On Thursday, Mr Terracini said he had been in contact with "a person in the US". "(We) hope to be in a position in the next few days to reveal the details of the actual driver," the senior barrister said. Mr Einfeld flew back into Sydney from a speaking engagement in Adelaide yesterday afternoon and headed directly for a meeting with his legal advisers.

As controversy mounted with the release of the ex-federal court judge's shocking driving record, police who will interview Mr Einfeld about his controversial evidence would not reveal the status of their investigation. State Crime Command operations manager Detective Chief Superintendent Peter Dein refused to answer a series of questions posed by The Saturday Daily Telegraph about the inquiry. "There is a current investigation being conducted by the State Crime Command. We will not be commenting on the investigation at the moment," he said.

It is understood detectives plan to interview Mr Einfeld next week about the controversial evidence he gave to the Downing Centre Local Court on Monday to beat a a $77 speeding fine. Mr Einfeld told the court he had been in Forster on the day of the offence and that he had loaned his car to Professor Teresa Brennan. The Daily Telegraph had learned Florida-based Professor Brennan died in January 2003 - three years before the speeding offence.

Mr Einfeld then claimed he had loaned his car to a second Professor Brennan - with the first name of Terese or Therese - who had died this year, also in a car accident. He later claimed he had given his car to a third person, who he refused to name. Mr Einfeld continued his silence yesterday, with calls to his mobile phone going unanswered. The respected human rights activist was also uncontactable through his city offices. "We haven't seen him all day," a spokeswoman said.

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