Lawyer Sue Grey apologises to judge after being locked up for contempt of court

Lawyer Sue Grey has been released from the custody of a “freezing police cell” after apologising to a judge for her conduct in court. Photo / Tracy Neal

A shaken Sue Grey has been released from the custody of a “freezing police cell” after apologising to a judge for her conduct in court, which will now be the subject of a Law Society review.

Sue Grey, a Nelson-based lawyer and co-leader of the Outdoors and Freedom Party, was held in custody for five hours today after a judge removed her from the Nelson District Court for contempt.

At a hearing this 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 this morning 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.

Sue Grey with a bouquet of flowers she was handed on leaving court today, surrounded by supporters who sang, and tried to block media from photographing her. Photo / Tracy Neal

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”.

She said McKenney had obtained legal advice in relation to his matter but was having difficulty understanding it.

“I had become aware there were some important Bill of Rights matters which needed to be addressed”, she said.

Grey then apologised to the judge for any offence caused but Judge Zohrab ordered an investigation into her conduct.

She became flustered when Judge Zohrab asked what it was she was apologising for, to which Grey responded that she was “shaken and freezing”.

”I don’t know what I’m apologising for to be honest - for any inconvenience,” she replied.

Judge Zohrab said it was only after Grey had been put in custody that he found out the defendant (McKenney) already had organised a “McKenzie Friend”.

”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 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.

”It’s not a pleasant place. I was left playing games of how many words I could make out of the (acronym) police.”

Grey is an anti-vaccination campaigner, subscribing to conspiracies surrounding the Covid-19 pandemic and the Government’s response.

Prior to the pandemic, she was an ardent protester against 5G technology and the pesticide 1080.

Kelvin McKenney outside the Nelson District Court, where his judge-alone trial was cut short after lawyer Sue Grey was placed in custody and charged with contempt of court. Photo / Tracy Neal

A registered lawyer, last week Grey represented the parents of Baby W in the Auckland High Court as they fought to use unvaccinated blood for their unwell child’s heart surgery. The case was covered internationally.

Grey’s status as a registered lawyer is controversial, with some laying complaints with the Law Society stating her actions in sharing blatant Covid-19 misinformation should disqualify her from the profession.

Those complaints against Grey are being investigated by the Law Society.

As well as her legal work, Grey co-leads the Outdoors and Freedom Party. She ran in the Tauranga by-election in June, garnering just under 5 per cent of all votes.

Since then, all major polls this year have placed the party below 0.5 per cent.

Under the Contempt of Court Act, a judge can hold a person in custody for no longer than the end of the day, if they deem the person was responsible for disrupting the court.

The judge must then allow for a hearing on the same day where the matter can be resolved or set down for a later date.

The judge has the statutory authority to sentence the person to a maximum of three months imprisonment, a $10,000 fine, or 200 hours of community work.