Post-trial party left lawyer troubled

By TONY WALL

An Auckland lawyer who took jurors to a party has told how uncomfortable he felt when a man the jury had only just acquitted on drugs charges arrived at the gathering.

The Auckland District Law Society has asked Adam Couchman to supply a written account of his involvement as part of the society's investigation into allegations of sex and drugs at the party just hours after the jury returned its verdict.

The Weekend Herald revealed the gathering was held at the Mt Eden home of lawyer John Kovacevich, whose client David McLean was acquitted of conspiring to supply methamphetamine after a seven-week trial in the Auckland District Court. Five co-accused were convicted.

A juror told the paper that she smoked cannabis but left when she was taken into a room, shown a powder cut into lines on top of a dresser and handed a rolled-up $20 bill to snort it with.

She said she heard later from another juror that she (the other juror) took drugs and another juror had sex at the party.

The president of the Law Society, Chris Darlow, said yesterday that if the juror's allegations were correct "it's not a good look" and would warrant serious action by the society.

If the society's professional standards department found conduct unbecoming of a lawyer, it would refer the complaint to a standing complaints committee, and if prosecution was warranted it would go before an independent tribunal.

A lawyer found guilty could be struck off.

Mr Darlow said there were no written rules on lawyers fraternising with jurors after a trial, but whether it was ethical was "another matter".

Mr Kovacevich could not be reached yesterday.

He has a reputation as a flamboyant barrister, and hummed and sang part of his closing address to the jury when a telephone number, which had come up in evidence, was similar to a number in a Wilson Pickett song.

Mr Couchman said yesterday that he would probably forward his account of events on the afternoon of the party to Mr Kovacevich - with whom he went through law school - for his comments.

He said he joined Mr Kovacevich and a number of jurors at a pub in downtown Auckland on the Saturday afternoon of the verdict.

Mr Couchman, who does not drink alcohol, said he drove two jurors to Mr Kovacevich's Valley Rd home. Three others travelled with Mr Kovacevich.

Mr Couchman said he dropped off the jurors and then drove to his own home to get changed.

He returned to the party about 15 minutes later.

A short time later he drove to a petrol station to buy soda and chips for the party. He returned and socialised for about 15 minutes before Mr McLean arrived.

"I felt uncomfortable. I didn't really want to be in the same arena as him so I basically left."

Mr Couchman said he did not see any drugs.

Asked how he felt as a defence lawyer about socialising with jurors after a trial, Mr Couchman said: "I can't comment on that at this stage because it's something that will probably be looked into by any inquiry."

The head of the organised crime squad, Detective Sergeant Darrel Brazier, who was in charge of Operation Mexico, which brought the eight defendants to trial, said yesterday that he was amazed the jury had returned five guilty verdicts.

"The thing that surprises me the most is how the hell we managed to get convictions on the five we did. ... If they [the jurors] are that liberal, it amazes me we managed to get the convictions."

Detective Sergeant Brazier said he would launch an investigation if the juror was willing to talk to him. "I'd treat anything she said confidentially.

"If there was an inquiry we wouldn't be interested in people who just used [drugs], we'd be more interested in ... [the] conduits to supply."

Auckland University criminal law lecturer Scott Optican said the party raised the issue of whether anything which occurred after the trial might suggest there had been improper influence on the verdict.

* tony_wall@nzherald.co.nz