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Home / New Zealand

Barrister goes to top in quest for secrecy

NZ Herald
20 Dec, 2011 06:27 PM3 mins to read

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Photo / Supplied

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A prominent Auckland barrister facing a disciplinary hearing is making a last-ditch appeal to the highest court in the country to keep his identity secret.

The lawyer is charged with three misconduct charges brought against him by the standards committee of the New Zealand Law Society.

He is to go before a disciplinary hearing in February.

He strenuously denies the charges and has been battling to keep secret his name, the charges and any details of the case.

He has had bids for name suppression denied by the Lawyers and Conveyancers Tribunal, the High Court and the Court of Appeal.

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He is now seeking leave of the Supreme Court to continue suppression until the hearing.

That hearing is to begin in Auckland on February 20.

Suppression will now continue until at least 5pm today while the Supreme Court considers submissions from the barrister and the Law Society standards committee.

The lawyer was originally denied name suppression by the Lawyers and Conveyancers Tribunal and did not appeal, apparently because he was not aware of the decision.

Shortly before the hearing into the charges was to have taken place this month, the Herald approached him and his representatives, but they declined to comment. No evidence was heard because most of the time set aside was consumed with legal arguments.

Discover more

New Zealand|crime

Lawyer accused of forging SFO email

25 Nov 04:30 PM
New Zealand

Barrister fights for name suppression

16 Dec 04:30 PM

The lawyer sought and received a wide-ranging suppression order after an urgent hearing in the High Court at Auckland on December 2.

The order was opposed by the New Zealand Law Society and eventually lifted by Justice Kit Toogood, who was unaware a past order for suppression had been declined by the tribunal.

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In an affidavit, the barrister told the High Court he accepted that an email declining suppression was sent from the tribunal to one of his email addresses in May this year but it was not brought to his attention.

He said he would have advised Justice Toogood had he been aware of it.

In his affidavit he said: "I sincerely and unreservedly apologise for any incorrect impression which the court may have been left with although Ialso assure the court it was entirely unintentional."

Justice Toogood was not persuaded and said the suggestion that the lawyer, his family and colleagues all risked harm to their reputations from publication was "exaggerated".

He was also not persuaded that concerns from the barrister about reputation damage outweighed the public interest in open justice or that his high profile should be a factor.

"The plaintiff's claim to a high profile does not assist him. He is not entitled to be treated any differently, on that account, from a junior practitioner who has no public profile."

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The court file on the barrister's case has been sealed by a court order.

LEGAL SAGA

May 2011
Name suppression for the barrister is declined by the Lawyers and Conveyancers Tribunal.

December 2
The barrister seeks a judicial review on steps and decisions taken by the New Zealand Law Society's Standards Committee.

December 3
Justice Kit Toogood delivers his judgment declining name suppression.

December 16
Name suppression expires; just after that 4pm deadline the barrister applies for and is granted an interim stay of execution of the order by the Court of Appeal.

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December 19
Court of Appeal declines suppression but allows the barrister 24 hours to lodge an appeal with the Supreme Court.

Yesterday
Leave is sought for a continuation of the suppression order by the Supreme Court.

Today
Supreme Court decision is due.

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