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Home / New Zealand

Judicial conduct panel to meet for first time

NZPA
5 Jul, 2010 04:15 AM3 mins to read

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The judicial conduct panel tasked with investigating conflict of interest allegations against Justice Bill Wilson will meet for the first time tomorrow after the Supreme Court judge lost a last-minute bid to stop a preliminary hearing.

The panel was appointed by acting Attorney-General Judith Collins in May after judicial conduct commissioner Sir David Gascoigne recommended further inquiries into complaints against Justice Wilson.

Justice Wilson served as one of three Court of Appeal judges who, in 2007, overturned a High Court ruling that would have awarded a group of merino wool growers repayment of $8 million in levies from the former Wool Board.

The allegation against him is that at the time of the hearing, he owed $250,000 to the Wool Board's lawyer, Alan Galbraith QC, which was not disclosed to the court. That allegation is denied by Justice Wilson.

The pair also co-owned land in the Waikato and bred horses together.

The Supreme Court last November ordered the decision set aside on the grounds Justice Wilson's and Mr Galbraith's relationship could raise a perception of bias.

The case was re-heard last week in the Court of Appeal, which reserved its decision.

The judicial conduct panel will meet for the first time tomorrow to determine the future course of the inquiry and receive submissions.

The preliminary hearing is solely to deal with procedural and administrative matters, and evidence from witnesses will not be given.

Special counsel to the panel, Queensland Solicitor-General Walter Sofronoff, is expected to make submissions on the process of the inquiry.

In an attempt to stop the panel going ahead, Justice Wilson last month started judicial review proceedings over its legality.

His lawyer, Colin Carruthers QC, said the main grounds of the judicial review would be that the alleged misconduct was not serious enough to warrant his removal.

Panels can only be appointed when the conduct complained about may warrant consideration of a judge's removal.

At an urgent hearing in the High Court at Wellington on Friday, Justice Wilson's lawyers asked for an interim order to stop the panel sitting, but the request was refused on the grounds that such a move would be premature until the panel had held a substantive hearing.

His lawyers objected to the panel's intention to "consider the status and effect" of the judicial review proceedings, and argued his reputation would likely be damaged if the panel sat in public before he had a chance to challenge its appointment.

The panel consists of Court of Appeal Justice Anthony Randerson, chief High Court Justice Helen Winkelmann, and chief ombudsman Beverley Wakem.

Ms Collins said earlier that Justices Randerson and Winkelmann were selected because they were the most senior judges available who had not been direct judicial colleagues of Justice Wilson.

A panel must also include a person who is not a lawyer or a judge -- in this case the chief ombudsman, whom Ms Collins said was suitably qualified to fulfil the role.

Ms Collins was responsible for the decision instead of Attorney-General Chris Finlayson because he previously worked with Justice Wilson.

It is the first time a judicial conduct panel has been appointed.

- NZPA

Discover more

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Judicial conduct case deferred until after review

05 Jul 11:55 PM
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28 Jul 05:35 PM
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05 Aug 05:30 PM
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