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After spending hours in a “very cold” police cell for contempt, controversial lawyer and co-leader of NZ Outdoors and Freedom Party Sue Grey is requesting a copy of the transcript and video of “a virtual riot” in court.
In a statement to the media, Grey described spending time in acold cell, and how she views her actions in court.
“I was sent to the cells when I was trying to give the court what I considered to be a relevant and important decision of the Court of Appeal,” she said.
“I have asked the court to urgently provide a copy of the oral and any written transcript and any video of what the court described as ‘a virtual riot’.
“My focus was on the judge and trying to find a constructive way forward to facilitate justice. I was not aware of any riot-like conduct from those behind the glass screen at the back of the court while I was in court.
“My recollection was that those in the crowded public gallery were as stunned as I was when I was sent to the cells.”
Sue Grey with a bouquet of flowers she was handed on leaving court yesterday, surrounded by supporters who sang and tried to block media from photographing her. Photo / Tracy Neal
In the statement, Grey thanked a policewoman who provided blankets and a hot drink to help warm her up in the “very cold cell”, and who promised to look away when she needed to use the toilet.
“It was stressful waiting so long with no phone, as I have so many commitments supporting others. Until I was detained, I had been on 24/ 7 standby to assist BabyW’s family.
“In the cells I was allowed one call to my lawyer, but otherwise was not even allowed pen or pencil and paper to work and make notes while I waited for the court.”
Grey said she empathised with the judge, who she claimed was “was clearly uncomfortable yesterday”.
“I apologise for the inconvenience caused to the court, the parties and the public.”
Grey was held in custody for five hours today after a judge removed her from the Nelson District Court for contempt.
At a hearing, yesterday afternoon Grey apologised to Judge Tony Zohrab and explained she had been attempting to set herself up as the “McKenzie Friend” of a defendant on another matter.
A McKenzie Friend is someone who supports another in court who does not have legal representation.
Kelvin McKenney, also known as NgaAngA, was defending himself in a judge-alone trial when the court erupted as a result of Grey’s stance, in what Judge Zohrab described as behaviour that was a “virtual riot”.
Grey was supporting the Golden Bay man who was defending himself on charges of selling alcohol without a proper licence.
McKenney brought multiple supporters with him to court, including some who carried a dog and a goat, and another with a parrot on his shoulder.
It’s understood that during the hearing Grey repeatedly spoke over Judge Zohrab even though she was supporting McKenney from the public gallery.
Judge Zohrab ordered her to be removed from court and she was escorted to the cells by court security while the public gallery was cleared, a witness said.
Shortly after 3pm Grey appeared before Zohrab herself. She appeared visibly upset as she was led into the dock by police, but managed a wave to supporters who were packed into the public gallery.
One supporter was singing quietly before another was ejected by the judge partway through the hearing, at which Grey was asked to apologise to the court for what had occurred earlier.
Grey said she was merely trying to assist the court but Judge Zohrab said she was stood down in custody because of her disruptive behaviour.
The duty lawyer acting for her, Tony Bamford, said she regretted her actions.
Grey then addressed the court directly, and thanked Judge Zohrab telling him she was “acting in the best interests of the administration of justice and the court”.
“I stood you down in custody for what I thought was disruptive behaviour.
“You told me you were unable to appear as his lawyer, then you said you could appear as his ‘McKenzie Friend’ but your overriding duty was to the court,” Judge Zohrab said.
He said Grey on a number of occasions had talked over him, even after he had said she could appear as the defendant’s McKenzie Friend.
“You kept talking over me and arguing with me in a manner and tone that was incredibly disrespectful,” Judge Zohrab said.
He said it had the effect of inciting people in the back of the court to the degree there was a “virtual riot”, which left him no option but to place Grey in custody.
His comments triggered more response from the gallery at which point a woman was ejected from the court.
Judge Zohrab said Grey demonstrated a lack of professional judgment in the way she had dealt with the matter.
He would now refer the audio recording, video and transcript of the morning’s hearing to the law society for its consideration, and to consider if it raised issues of Grey’s professional conduct.
He said there would be no further action over the contempt of court for which she had been detained.
Grey told media outside court yesterday she had requested a copy of the court transcript, as she felt her view of what happened differed from the judge’s view.
She said she was “surprised she was ejected for trying to do the right thing”, and described the cell as a “freezing” ice bunker, with only a skinny blanket to keep her warm.
She said it was the longest few hours of her life in recent years she had not been able to work, but that the experience would help her in becoming a better advocate.
