Judge's failure to stand down from case probed

Justice Bill Wilson's failure to stand down from a Court of Appeal case in which he had a financial relationship with one of the lawyers involved is being investigated by the Judicial Conduct Commissioner.

Attorney-General Christopher Finlayson confirmed today that the Commissioner had received a complaint relating to Justice Wilson's failure to recuse himself from a Court of Appeal case despite his financial relationship with counsel in the trial.

On Friday, the Supreme Court recalled its previous judgment on whether Justice Wilson should have recused himself from sitting in the earlier Court of Appeal case, and ordered a retrial.

In a July 3 decision the Supreme Court cleared Justice Wilson over allegations of potential bias in his ruling on a case involving a faction of woolgrowers, who said their wool should not be lumped in with other merino wools for funding purposes.

Saxon merino growers had applied for recall of a unanimous Supreme Court decision in favour of The Wool Board Disestablishment Company Ltd (DisCo).

The farmers had complained that DisCo was represented by Alan Galbraith QC, a co-owner of land on which he and Justice Wilson provided grazing for race horses.

Last Friday the Supreme Court reversed its July decision, saying it had reviewed further information provided by the judge and "concluded that its earlier view cannot be sustained" and ordered a retrial.

The Supreme Court found Justice Wilson owed Mr Galbraith money through their relationship in a jointly owned company, Rich Hill Ltd.

Mr Finlayson said if the Supreme Court has seen financial information about the business partnership between Justice Wilson and Mr Galbraith, which was later disclosed in the recall application, it would not have held that there was no apprehension of bias to a reasonable lay observer.

"The matter is now with the Judicial Conduct Commissioner," Mr Finlayson said.

"The law requires that the Commissioner makes a preliminary examination, during which he may make any enquiries and look at any relevant court documents."

At the end of the preliminary examination, the Commissioner must either dismiss the complaint, or refer the complaint to the Chief Justice, or recommend the Attorney-General appoint a judicial conduct panel to inquire into any matter concerning the conduct of the Judge.

"I will not be making any further comment while the preliminary examination is happening because the Attorney-General stands apart from the current process that the commissioner is proceeding with," Mr Finlayson said.

- NZPA