CHRIS GARDNER
Labour's Napier candidate, former defence lawyer Russell Fairbrother, has rejected claims that he "dumbfounded" his old legal colleagues after describing them as no better than the people they defend.
Along with National MP Judith Collins and Progressive MP Matt Robson, Mr Fairbrother was invited to speak at the Criminal Bar Association's dinner in Auckland at the prestigious Northern Club on August 26.
Defence lawyer Tony Bouchier, a former high-ranking police officer who was at the dinner, told Hawke's Bay Today Mr Fairbrother's conduct was extraordinary.
He said the MP, who has represented Napier for three years, was unprepared to speak and failed to deal with the law and order issues people expected him to speak on.
"He seemed to be surprised that he had to stand and speak out, which I found unbelievable, as there were other politicians there," Mr Bouchier said.
Mr Bouchier said Mr Fairbrother, who has aspirations to become attorney general, had not made the most of his opportunity.
"Fairbrother made an ass of himself in front of about 80 lawyers," Mr Bouchier, who was accompanied by his wife Judge Josephine Bouchier, said.
"He slagged off the Northern Club and its environment, English law and how it was reflected in the club, he thought the solution to the hammer-beating (road rage attack on a truck driver) was for the offender to go to the hospital, see the guy he beat, explain his circumstance, and that should be the end of it."
Mr Bouchier said Mr Fairbrother had described the gathering as "middle-class and white barristers" before saying he thought "criminal barristers was an apt description".
Judge Bouchier explained, to Mr Fairbrother, the different ethnic backgrounds of some lawyers at the dinner.
Mrs Collins confirmed Mr Bouchier's recollection and said she was stunned by Mr Fairbrother's outburst.
"He had an opportunity to really score some points, but he offended people," she said.
She said at least four ethnicities were represented at the dinner, probably more.
"I have never, in my 22 years as a lawyer before I came to Parliament, seen such a performance. I was embarrassed for him because it reflected so badly on Parliament."
Mr Robson also confirmed Mr Bouchier's recollection and said the lawyers were upset by Mr Fairbrother's comments. He thought Mr Fairbrother's comparison of criminal lawyers to the people they defend was tongue-in-cheek.
Mr Fairbrother said he was not asked to speak about Labour's law and order policy.
"Before speaking, I was assured the matter was closed to the press and so I thought a provocative speech might advance the issues. I stated that understanding at the outset of my speech. Clearly others have different agenda, but I guess that's election time."
Mr Fairbrother said he set out to challenge assumed concepts and presumptions of privilege.
"Here were a lot of legal aid lawyers dining at, what seemed to me to be, a pretty expensive and exclusive club, while complaining about reforms to ease the legal aid burden on the taxpayer and to bring the victim to the forefront of the criminal process.'
"Those living off legal aid have a moral duty to constantly look for better and more efficient ways to process criminal allegations to a final resolution. That's one reason why I went into politics."
He said there were three ways of reducing the legal aid bill - ensure the court process is completed without expensive delays, ensure those making a living from it are challenged on efficiency, and question whether the adversarial system imported from England with little modification is the ideal for 21st century New Zealand.
"Arguing, as Mr Bouchier did at the gathering, that he and his colleagues represented the thin 'white line' between an oppressive state and his clients is presumptive bunkum.
There were people there who have spent a lifetime living off crime without taking the extra step of looking at how better the process could be delivered. What I said was I thought 'criminal barristers' sounded odd to me and it should be 'barristers who practice criminal law'."
Mr Fairbrother said the association chair had closed the dinner saying it was the most enjoyable evening the bar had ever staged
Fairbrother outburst stuns legal colleagues
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