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Home / New Zealand

Outspoken QC hailed for his sincerity

By Andrew Koubaridis and NZPA
NZ Herald·
21 Nov, 2008 03:00 PM4 mins to read

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Kevin Ryan would not give in to judges or prosecutors. Photo / NZ Herald

Kevin Ryan would not give in to judges or prosecutors. Photo / NZ Herald

KEY POINTS:

Auckland lawyer Kevin Ryan once thought he was too honest to become a Queen's Counsel.

The 77-year-old straight-talking barrister - who was highly respected by his fellow legal practitioners - died on Thursday after a short illness.

In spite of his belief that his honesty and outspoken nature
would mean the legal Establishment would not make him a QC, he took silk in 1998, eight years before he retired after nearly 50 years as a barrister.

The outspoken Auckland lawyer, who appeared in more than 100 homicide trials, wrote a book on his life as a lawyer, Justice Without Fear or Favour.

Mr Ryan acted in many high-profile cases, the best known being the second trial of Arthur Allan Thomas, the man accused, twice convicted and then pardoned for the murders of Pukekawa couple Jeanette and Harvey Crewe.

He also acted for Mr Asia drug king Terry Clark, Bassett Rd machinegun murderer John Frederick Gillies and South Auckland serial rapist Joseph Thompson.

Mr Ryan won the respect and admiration of many colleagues, including adversaries in court.

Auckland Crown Solicitor Simon Moore, SC, said Mr Ryan was one of the straightest, most honest and sincere lawyers he knew.

He would not give in to judges or prosecutors, and would even dress down his own clients in public if it was deserved.

One story particularly stood out.

The police had come under a lot of heat after they shot dead a man in Newmarket. Mr Ryan offered to represent the dead man's family at no charge.

"I will never forget this," Mr Moore said. "Kevin appeared at the inquest and was very robust. He asked tough, searching questions of the police and then cross-examined the police officer vigorously for some time.

"At the end of that he sat down, thought about it for a moment then stood up and said to the tribunal, 'I don't see that this officer had any option but to do what he did.'

"That is the nature of the guy. That is pretty impressive."

A top Auckland criminal lawyer and the former president of the Auckland District Law Society, Gary Gotlieb, said Mr Ryan "did not take any bullshit".

"He was a very moral man and I have heard him on occasions tick his clients off in court in front of the judge."

Mr Gotlieb said they had a few "differences" in their early years but they later became very good friends.

"He was a person I held in very high esteem. He was just a wonderful man."

Mr Ryan shocked lawyers the day he retired by saying he thought the right to silence was outdated and should go.

Referring specifically to the killing of the Kahui twins and the refusal by relatives to speak to police, he said society was assisting evil "by just sitting there and not answering questions".

"I did not subscribe to the divine right of silence. Those rules were promulgated years ago in Great Britain when the public were uneducated, most of them illiterate."

He also said juries should be allowed to know a defendant's criminal history to give them a clearer picture of the case.

Defence lawyer Peter Williams, QC, knew Mr Ryan for many years and said he was "one of the great guys".

"He was one of the great lawyers of our generation. He was not just a strong advocate for his clients but he was a person who spoke out particularly on matters relating to society.

"He was the type of lawyer that is probably disappearing from the scene. He had strong moral views and would conduct a case by principle rather than money."

Ryan's clients:

* Pardoned murder accused Arthur Allan Thomas.
* Mr Asia drug king Terry Clark.
* Bassett Rd machinegun murderer John Frederick Gillies.
* South Auckland serial rapist Joseph Thompson.

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