Jock Anderson's Caseload: Slow start for 'celebrity judge'

Justice Simon John Eisdell Moore QC, described as New Zealand's first celebrity judge. Photo / Dean Purcell.

It has taken a while, and fell at the first hugely embarrassing hurdle for CEO Suzy Keppel's Auckland district law society (ADLS), but a fancy feed to pay tribute to Auckland's Justice Simon John Eisdell Moore QC is rescheduled for next March - a year after the judge was sworn in.

"Won't the sausage rolls be ripe by then?" said Our Man At The Bar, winkling in on the tail of a round.

The Northern Club knees-up would have been this week but for what ADLS apologists termed an "unforeseen scheduling conflict" - something lesser mortals suspect was a double booking cock-up.

Justice Moore - described by Chief Justice Dame Sian Elias at his swearing-in last March as New Zealand's first celebrity judge - was formerly Auckland's high profile Crown solicitor and successful chief prosecutor.

A dashing figure whose luxuriant mane and sartorial elegance was the envy of many about the courts, he has languished out of the legal lime-light since exiting his partnership at Meredith Connell for higher office.

Justice ministry stats show that since May 6, His Honour has delivered 21 judgments (not even one a week), much of them involving family disputes, custody issues, trust breaches, minor civil wrangles and a few criminal sentencings.

He's been shunted off to judge in places such as Whangarei and Rotorua.

It's the kind of challenging judging other judges refer to as "chicken sh*t but some poor s*d has to do it."

His exposure to criminal trials has been minimal.

A source close to the judiciary says His Honour is being weaned away from the prosecutorial environment that drove his legal life for so long.

"In layman's terms, CaseLoad, it's to make sure he doesn't appear too prosecution-friendly. It's also to make sure all the cases he had contact with while Crown solicitor have worked their way through court and been heard by other judges."

"It might seem on the surface that Justice Moore [annual salary $395,000 to $408,000] is having an easy ride in his first year but he has a whole lot of important stuff to come to grips with."

"Remember when he confessed how long it took him to get dressed for the job?" [CaseLoad 4/4/14]

"We are confident Justice Moore will apply his acute grasp of criminal law to some serious judging soon. Maybe after the upcoming extended judicial holiday break and hectic round of obligatory end-of-year and new year festivities."

Meanwhile, a Crown Law Office review of how the Crown solicitor's warrant in Auckland will operate in future, is expected to divide prosecution work between Auckland and Manukau courts, with possibly more than one law firm involved.

When the review is completed the warrant will be advertised and up for grabs.

Footnote 1: As many will recall, March 6, the rescheduled date for Justice Moore's tribute dinner, is an auspicious day in legal history.

It is the anniversary of the death in 1935 of Oliver Wendell Holmes (93), one of the longest serving and most influential common law judges of the United States Supreme Court. One of most widely cited US Supreme Court judges in history, Justice Holmes - referred to in the US as the Great Dissenter - was highly regarded for his concise and pithy opinions.

Footnote 2: "For $120.75 a pop the Northern Club better dish up better than soggy buns and runny eggs or they'll all be off to the Ladies & Escorts Lounge," said The Scunner.

Footnote 3: "Knowing His Honour's fondness for jolly japes they need to have the Dungeon Room dusted off," said OMATB gratuitously.

Why Juries Never Please Everyone

Comment: A man whose daughter alleged she was sexually violated by two soldiers in a Unimog at Waiouru army base in 2012 is reportedly "very disappointed in the justice system."

He has called for "a dramatic change to the justice system."

After a week-long trial, a Wanganui district court jury of eight women and four men took four hours to acquit the soldiers - finding the sexual activity was consensual.

The father is understandably unhappy - believing the worst had happened to his daughter.

But a jury, having seen and heard all the evidence and listened to argument by competent lawyers on either side, came to a different conclusion and found the soldiers not guilty in a relatively short time.

For anyone to call for "a dramatic change to the justice system" in such circumstances beggars belief.

What does he want?

A return to the 18th century days of Garrow's Law, when mere accusations were enough to sent folk to the hangman?

Or to a time when girls caught coming home late cried "rape" to escape parental punishment?

Sometimes juries return verdicts - either guilty or not guilty - which folk find hard to accept.

The system is not without flaw but it is considered the best system.

A family's outrage gives no cause to change it.

Seen & Heard

1. Law firm Bell Gully has been given a white camellia award for implementing one of seven "women's empowerment principles" - the one about equal opportunity, inclusion and non-discrimination.

A statement from the federation of business and professional women says Bell Gully won its award for treating all women and men fairly at work.

White camelias are an emblem of women's suffrage and were give to MPs who voted for the right of women to vote in 1893. (Source: NZ Law Society LawPoints bulletin.)
[Bell Gully's website shows it has seven female and 37 male partners.]

2. Law firm Minter Ellison Rudd Watts has won the supreme award at the Auckland university of technology (AUT) excellence in business support awards, after taking out the $20m to $100m turnover category.

Awards judge Gillian Craig, an AUT accounting lecturer, reckoned the firm's "listen, care, deliver" philosophy was driving everything it did and was critical to every result, customer interaction and staff engagement. (Source: NZ Law Society LawPoints bulletin.)

Has Diseased Litigant Really Been Stopped?

Before leaving Meredith Connell, the firm will be relieved that bizarre defamation proceedings brought against it, the Attorney-General and director of civil aviation were struck out the other day.

In brief similarly reasoned decisions, Justice Geoff Venning despatched sickness beneficiary Razdan Rafiq's claims to the judicial rubbish bin.

Mr Rafiq alleged an indictment presented by the Crown solicitor to the district court in 2011 defamed him in a variety of ways, so he sought $21 million damages.

His claim was based on an allegation the reference to him in the indictment as "Razdan Khan also known as Razdan Rafiq" and the term "indictment" defamed him.

Mr Rafiq sought $100 million damages from the director of civil aviation and $1 million damages from a court registrar who referred his claim to the High Court for direction.

In earlier proceedings it was revealed Mr Rafiq reckoned he could not control filing litigation and that the criminal proceedings process gave him "a disease of litigation."

In a 2013 email to Meredith Connell he said, among other things, he would flood judicial review proceedings in the High Court "against the Court of Appeal, Supreme Court, Judicial Conduct Commissioner, Attorney-General, Justice Minister, Minister for Courts, each and every Judge in the High Court, Court of Appeal and Supreme Court..."

Bet they're all glad this farce is over...

Parting Shot

Emailing his good wishes the other day, Wellington barrister John Tannahill [CaseLoad 10/10/14] reckons at 76 he has trouble walking but is still sharp above the neck. CaseLoad may not have heard the last of Mr Tannahill.

Keep up with Jock Anderson's weekly lawyer profiles here.