KEY POINTS:
He walks "a tightrope" between the three arms of government (Parliament, the Executive and the Judiciary) and Solicitor-General David Collins is tactful when asked about journalists attacking him.
That's not to say he seeks to please everyone. He might be on a tightrope, but he is also chief
executive of Crown Law, the biggest law firm in Wellington and home to some of the finest legal brains in the country. He knows someone will be unhappy, no matter what he decides.
The first media barrage came in May, directed at the Crown's loss in the Privy Council which resulted in David Bain's murder convictions being quashed. Unnamed lawyers blamed Collins for not delegating the case to "the hands of a criminal law expert".
"Having done many hundreds of criminal jury trials, I was surprised at the lack of research," he says.
Collins had previously appeared before the Privy Council seven times. His most remarkable success was the 1998 defence of former Christchurch cardio-thoracic surgeon Keith Ramstead, who had been convicted of manslaughter following the death of a patient. Not only did Collins obtain leave to appeal to the Privy Council, only the third such criminal appeal allowed since 1840, he also won the case and Ramstead was acquitted.
Collins is 53 but with skin as smooth as a man half his age. He was born in Hokitika, where his father worked for the Forest Service. When Collins was 12, the family moved to Wainuiomata where he attended Wainuiomata College. He gained three law degrees at Victoria University.
His doctoral dissertation was an assessment for his book Medical Law in New Zealand, an area in which he became interested as counsel for two doctors during the Cartwright Inquiry into the treatment of cervical cancer patients at National Women's Hospital.
Before becoming Solicitor-General he was chairman of ACC, and chaired the Health Practitioners Disciplinary Panel. He was also a board member of Sport and Recreation New Zealand.
So he's no lightweight. He is described in senior Wellington legal circles as a rare combination of accomplished academic, tenacious trial barrister and conservative family man. He is married to Teresa and they have two university-student children. An outdoor adventurer, he mountain bikes at weekends but gave up running several years ago.
A typical day sees him behind his desk by 7.30am and home some 12 hours later, "not much different from any other barrister or senior practitioner." But his peers seldom have to tolerate intense media attention.
The days before Collins' announcement on the Suppression of Terrorism Act charges were fraught with speculation and misinformation.
"I did a quick survey of the media, and roughly two out of every three articles or broadcasts contained inaccuracies."
On National Radio's Morning Report, for instance, host Sean Plunket intimated in an interview with a law professor that Collins' decision would be political because his appointment was made "by Cabinet".
Collins rejects that innuendo. "Technically I'm appointed by the Governor-General on the recommendation of the Attorney-General [Dr Michael Cullen] but only after undergoing interviews by a panel comprising the State Services Commissioner, a retired judge, senior practitioners and the CEO of a major government department, plus rigorous screening, including psychological and cognitive assessments.
"There is no other way to make this appointment," he observes, "and it is understood by Cabinet, the judiciary and most members of the profession that I act very independently and ensure the advice I give Government is the right advice."
While he won't go into detail about his decision, Collins does express frustration at reports he was "under fire" for not raising concerns about the likely charges despite being "briefed by Crown lawyers weeks before the police raids".
It is "quite inappropriate", he says, for the Solicitor-General to "advise or direct police in the way they investigate suspected criminal activity, particularly in a situation where the ultimate decision over whether charges should be brought is made by me, independent of the police, who at all times obtained their own independent advice.
"In any event, I must wait until all evidence is gathered, and the police commenced this operation a year before I was even told about it."
While some applauded Collins' decision, in other quarters he was ridiculed for not voicing his concerns about the Act in 2002 when it was introduced; and when Parliament passed amendments this month.
This taciturn Queen's Counsel, who some describe as defensive, shrugs off such commentary as ill-informed.
Interestingly, though his contract as chief executive of Crown Law is for five years, he doesn't have tenure as Solicitor-General - "I could be sacked tomorrow, the appointment is 'at pleasure'." But Attorney-General Cullen has confirmed his "full confidence" in Collins.
Collins' next decision concerns possible contempt of court charges against Fairfax Media and TV3 which published some of the evidence obtained by police and authorised by warrants obtained under the Suppression of Terrorism Act, contained in an affidavit.
For someone so media-shy, he has been plunged into the public arena. But is he happy with his job? "Yes, I am. I was apprehensive to start and I didn't expect such high-profile public cases, but it's a remarkable job and a privileged position to be in."
