Criminal barrister Marie Dyhrberg KC (middle on table) with lawyers and participants of a similar workshop in Vanuatu. Photo / Supplied
Criminal barrister Marie Dyhrberg KC (middle on table) with lawyers and participants of a similar workshop in Vanuatu. Photo / Supplied
Defence lawyers in Samoa are taking part in a special workshop designed and presented by a group of senior lawyers and judges from New Zealand.
In a rare initiative, the Kiwi delegation - made up of four judges, four lawyers and two senior lawyers acting as administrators - will sharetricks of the trade and tips on important aspects of trials.
They will also take part in practical case examples; with local lawyers given the chance to show off their skills in cross-examination in the courtroom, before being given feedback from the Kiwi delegation.
Headed by Auckland-based criminal barrister Marie Dyhrberg KC, she said the workshop was about providing more education on how to improve skills in the courtroom - both in preparation for a case and their work in the courtroom itself.
“We’ve got various fake scenarios, we do different cases and they do it.
“They have witnesses and the witnesses will come from the community, law school, young lawyers. It’s as if they’re in the courtroom - and then we give feedback.”
She said that particular technique was well-established for various litigation workshops.
Auckland criminal barrister Marie Dyhrberg KC presents at a workshop in Vanuatu a few years ago. Photo / Supplied
“The witnesses get instructions that the lawyers don’t know about how they’re supposed to come across, how they are difficult.
“Some really get into the role and you think: ‘Holy! Gosh, I wouldn’t want that witness in my courtroom’,” she laughed.
The same workshop was run in Vanuatu a few years ago, just before the Covid-19 pandemic shut down the world.
Dyhrberg said that workshop proved to be very popular with the local Ni-Vanuatu lawyers; and plans were made for the same initiative to be run in Samoa and the Cook Islands.
With borders reopening after the pandemic, they can finally carry on with their project, she said, and one they hope to be a regular and permanent thing.
“It will give them access to another education resource for the development of their skills.”
The delegation includes a number of lawyers and judges who work in South Auckland, which has a large Pacific - and Samoan - population.
Among the lawyers from New Zealand is Samoan lawyer Elaine Ward, who said the workshop would focus on advocacy skills and help build the capability of the legal profession across the Pacific.
A connection to the Pacific and South Auckland
Their hosts in Samoa had made it clear that having access to such insights and experience would be of great value to them, she said.
Dyhrberg has long worked and advocated for Pasifika in her work as a lawyer since the early 1980s, when she was based in South Auckland.
She acknowledged that at the time, there were many tensions among some Pacific groups. It was a time of development and transition, as more immigrants from the Pacific Islands started to make New Zealand home.
“I know a lot of people would say: ‘Ooh, how can you even go out there in South Auckland’?
“I was always a defence lawyer, so I got involved with those communities as a youth advocate, as a counsel and therefore had to deal with adults and deal with their way of upbringing, to what ours was when there were conflicts in the law.
“So I became very much a part of the community. They see me - while I’m not from there - they nonetheless see me as a strong advocate for the Pacific Islands. That’s my strength and region in the Pacific region.”
‘The law respects the link between culture and source of offending’
Jacinda Ardern during a reconciliation protocol ahead of the Dawn Raids formal apology, a Sāmoan tradition known as an ifoga. Photo / Brett Phibbs
Another aspect to be discussed at the Samoan workshop is the idea that the law respects the link between culture and source of offending, Dyhrberg said.
In a place like the Pacific - and specifically in Samoa - it also takes into account cultural customs such as ifoga, a traditional Samoan apology offered by the wrongdoer’s family to the victim’s family and which is seen as restorative justice.
The practice of ifoga was seen when then Prime Minister Jacinda Ardern was covered in a fine mat as part of an official Dawn Raids apology from the Government in 2021.
Forgiveness is shown once the victim’s family removes the mat.
“Some judges treat [cultural reports] with disrespect. But the top courts - the Supreme Court, the Court of Appeal - have all given them great status.
“And that’s how you must look at each case also. Is there a cultural link? It’s a very significant factor in the courts now - and they can develop those within the Pacific region now.”
Dyhrberg said a key message for lawyers in the workshop was to work hard for their clients and community.
“That’s the main thing - you have to work hard and have the courage to stand alone if you ever have to.
“That’s really our message. Pick your battles, and never lose your integrity. Your name and your honour [are] everything. But your satisfaction will come out even sometimes when you lose.”
