Discharged without conviction in court for a bar-room brawl, Auckland Blues rugby player George Moala was found guilty of serious misconduct by New Zealand Rugby. Photo / John Stone
Discharged without conviction in court for a bar-room brawl, Auckland Blues rugby player George Moala was found guilty of serious misconduct by New Zealand Rugby. Photo / John Stone
Opinion by
Found guilty by an Auckland jury of taking part in a bar-room brawl which left a man bleeding from his head, then discharged without conviction, Auckland Blues rugby player George Moala was found guilty of serious misconduct by New Zealand Rugby.
Judge Robbie Ronayne controversially decided not to convict Moala because of the effect the judge reckoned a conviction would have on his career, and how, without tertiary qualifications, he might not be able to support his partner and daughter if he lost his rugby job. (CaseLoad May 15 and 22)
Rugby bosses now say Moala's conduct and the subsequent damage to "the reputation of George, the Blues and rugby" amounts to serious misconduct.
Moala is to spend 40 hours giving "community and education services to the rugby community to help others avoid the situation in which he found himself."
Speaking hypothetically and without referring to any specific case, experienced legal folk, including a former police prosecutor, confirm that criminal cases are not transferred from one court jurisdiction - the one where the alleged offences are committed - to another without a specific reason.
They say one such reason is an indication an offender will plead guilty.
G-word horrifies legal folk
The concept of "good law" - in this case to clarify the position regarding assisted death - has legal folk fainting in their fondues.
Highly-placed insiders assure CaseLoad that lawyers and judges have triumphed over "good law" for centuries and they are not about to let it in the back door now.
"You can't just sweep away centuries of horribly bad, confusing, contrary and downright daft law with the stroke of a pen," said Our Man At The Bar, sweeping all before him in the rush for a free nibble.
"Bad law is what legal folk are all about, dammit... Without it we'd be extinct and the world would be ruled by accountants."
"Wash his mouth out for using the G-word," said The Scunner.
Animal-loving New Zealand lawyers have yet to march in the streets over an Australian move to stop shearers abusing sheep verbally, after an undercover operation at Boorungie Station in New South Wales.
Photo / Lynda Feringa
Australia's Nicolah Donovan, president of Lawyers for Animals, reckons verbal abuse of an extreme nature against an animal, whether it be human, sheep or otherwise, could constitute an act of violence.
A bloke reckoned he hadn't had a sheep come to him to complain, saying they didn't even look offended after being shorn.
Money making secrets
CaseLoad is privy to a rare disclosure of how lawyers make money.
In a recent case in the High Court at Tauranga, involving an estate wrangle, costs based on a daily rate of $1990 were awarded by Justice Brendan Brown to the defendant party as follows:
Commencement of defence, two days ($3980); Filing memoranda on five days at not quite half a day each ($3980); Appearance at two case management conferences ($1194); Preparation of affidavits to be used at hearing, two and a half days ($4975), Preparation of list of issues and authorities, selecting documents for common bundle of documents and all other preparation, two days ($3980); Preparation for hearing, three days ($5970); Appearance at hearing, half a day ($995); Second counsel, quarter of a day ($497.50). Total: $25,571.50 for 12.85 days work, including half a day in court.
Justice Brown noted that the original schedule of costs and disbursements, which claimed only $22,748, was "erroneous," partly because it claimed costs on an old daily rate of $1880, instead of $1990.
"That legal aid would be so generous," said Our Man At The Bar, reaching for the collection plate...
"Poor devils," said The Scunner, thinking twice about giving...
More on b*st*rds
Musing about nothing in particular, John of Wellington, (heavily abridged for all sorts of reasons) writes:
Her Honour Justice Dame Lowell Patria Goddard. Photo / Ross Setford
John Banks is a lucky b*st*rd."
[This letter-writer's candid comments about Her Honour Justice Dame Lowell Patria Goddard - now heading a UK inquiry into child sex abuse - and the retirement to the English countryside of her fourth husband, distinguished Queen's Counsel Chris Hodson, are not suitable for general publication, particularly the "P" word used to describe Hodson.
Dame Lowell was first married in 1969 and bore a daughter in 1970 to squirrel-saver Sir Johnny Scott - who became 5th Baronet of Beauclerc. She also squeezed in wedded bliss with history academic Tony Cotton and lawyer Graeme Jenkins.]
Scribbling judge a winner
Auckland district court judge David Harvey has won the Legal Research Foundation J F Northey memorial writing award with his book The Law Emprynted And Englysshed - a gripping tale of the printing press as an agent of change in law and legal culture (CaseLoad March 6).
Covering the years from 1475 to 1642, Judge Harvey's research tells the at times fascinating and enthralling story of how the development of the printing press brought legal texts and writings to many more folk than could afford or share jealously-guarded handwritten manuscripts.
Judge David Harvey pictured here in 1993. Photo / File
Announced last night, Judge Harvey's award nudged out Philip Joseph's Constitutional and Administrative Law in New Zealand 4th Edition, and Chris Nicoll's and Robert Merkin's Colinvaux's Law of Insurance in New Zealand.
Which has CaseLoad wondering what this says about judges writing books...
What is the truth about Brian?
Apart from being family-friendly boozing buddies, what is the nature of PR insider Matthew Hooton's relationship with Auckland Crown solicitor Brian "my shout" Dickey and can a statement be expected clarifying whether or not Dickey was first choice for the lucrative job or not even in the first three runners?
A recent colourful PR push left CaseLoad wondering if a "re-branding" of Dickey's firm Meredith Connell includes selling gaudy ties on the side.
Matthew Hooton. Photo / Brett Phibbs
Kerbside chatterboxes reckon the Auckland Crown warrant is worth only $5 million to Meredith Connell these days (they say it used to be $11 million) after cost slashing and the work now being split with Natalie Walker at Manukau.
Meanwhile, in a shock decision, Attorney-General Christopher Finlayson has refused CaseLoad's invitation to clarify whether Dickey was the preferred choice or not and the reasons for Walker's selection.
Such clarification, which CaseLoad thought Finlayson would be happy to share in the public interest and in the interests of transparency, was withheld because appointment recommendations are apparently not obtainable under the Official Information Act.
Former police and justice ministers Judith Collins (56) and Annette King (67) have re-invented themselves as early morning sparring partners on the Paul Henry radio and television show.
Annette joshes Judith about her prime ministerial ambitions while Judith gives a giggly "shucks" before some brief moments of nitty-gritty between Henry's incessant gibbering.
Not to be missed just after 7 on Friday morning.
Next time
Has gender-equality judicial garb gone far enough to protect gay, lesbian or bisexual judges from feeling marginalised and isolated?
