Recently appointed High Court Judge Rebecca Edwards. Photo / Supplied
Recently appointed High Court Judge Rebecca Edwards. Photo / Supplied
Opinion by
CaseLoad must remain tight-lipped about his part in last week's appointment of two new High Court judges - lest nosey parkers get the wrong idea...
Legal folk are clamouring to know if being profiled by CaseLoad is what clinched Auckland barrister Rebecca Edwards' appointment to the High Court - and "can I be next please, Sir?"
And how CaseLoad's sensational launch of Queen's Counsel Nick Davidson's stellar legal career influenced his appointment.
Justice Edwards' life as a waterpolo star, outdoorsy girl and working mother of identical triplet sons was recently featured in a series of must-read weekly profiles CaseLoad compiles online for the New Zealand Law Society on what lawyers do outside law.
Producing genetically identical triplets while working at law firm Russell McVeagh came as a complete shock and a challenge - juggling three babies, child care, and with one of them always sick.
Working from home, she initially convinced Russell McVeagh to see the boys - now young men approaching 16 and into rugby and basketball - as highly demanding clients "who were always hungry."
"Sometimes on a court conference call I would hide in a cupboard to shut out the noise as the boys screamed around the house trying to murder one another..."she told CaseLoad earlier.
Admitted to the bar in 1994 with an LLB and BA (Hons) from Auckland University and later an LLM from Virginia University, Justice Edwards' primarily commercial career has included two appearances at the Privy Council on historic Cook Island land disputes in 2012 as well as adjudicating on the controversial transfer of rugby players between Auckland secondary schools.
A former New Zealand women's water polo representative, she played in the world championships in Perth in 1991, when New Zealand held reigning world champions Holland to a draw.
She also coached and served on the Waterpolo New Zealand board. Justice Edwards is married to Tongan-descended Andrew Tu'inukuafe, a director of Creative Spaces architectural firm, and will sit in Auckland.
CaseLoad's links to Christchurch lawyer Nick Davidson go back to the 1970s and 1977 in particular, when young thruster Nick under-studied for up-and-coming crime barrister Nigel Hampton in the defence of Ronald David Bailey - on trial in Greymouth for the murder of his wife Margaret.
Prosecuted by then solicitor general the late Sir Richard Savage, this was the trial of its time, partly because during a reconstruction of how Bailey claimed Margaret got swept into the Grey River - and out of his rescuing reach - local policeman Alan Liddell (22) drowned.
Nick Davidson (QC). Photo / Ross Setford
Feelings ran high.
Waiting for a late night West Coast jury, everyone but trial judge Clint Roper and Dick Savage went to the pub.
Mr Solicitor Savage, who was troubled by family issues, walked alone the darkened streets of Greymouth.
Ron Bailey was found not guilty of murder but while he thanked Jesus out loud for his verdict, he did not go free from the court.
Bailey (who later hanged himself in Invercargill jail) was returned to Christchurch Prison to continue a five-year sentence imposed earlier for indecently assaulting twin boys - crimes unearthed during the murder investigation.
CaseLoad is of the humble view that had it not been for his coverage of the Bailey trial in People's Paper Truth, Messrs Hampton and Davidson - both of whom later became Queen's Counsel - may not have got where they are today.
Justice Davidson (admitted in 1972 with LLB Hons) is a member of Canterbury's Willows Cricket Club - an exclusive bunch of worthies whose bloodlines resemble a cross between Burke's Peerage, Who's Who, the Civil List, Swanky School Alumni and denizens of the Ladies & Escorts Lounge.
Willowers ranks include knights, lawyers, businessmen, sportsmen, various selfless folk of general decency - and a Lord.
It seems being a judge is also enough to gain entry.
[It is not appropriate to divulge the private in-house rituals surrounding the elevation to the High Court of a Willower and the names of those who ask questions will be passed on...]
As previously noted (CaseLoad September 11, 2014) the Wily Willowers are based around a Midsomer-style village green pitch at fashionable Loburn - a comfy 50k Jaguar cruise northwest of Christchurch.
The Willows' purpose is to encourage the best boys from good school first elevens to further their cricketing interests.
In recent years Justice Davidson, who will sit in Christchurch, was counsel for the families in the Pike River Mine Royal Commission, and earlier represented the Serious Fraud Office in the Winebox Royal Commission.
He prosecuted the Capital and Merchant Finance and National Finance cases. Justice Davidson was deputy chairman of the New Zealand sports disputes tribunal, is the national commissioner for New Zealand cricket, a member of the disciplinary structures with SANZAR and the IRB and, recently, the FIFA investigation chamber.
All of which is no doubt a welcome far cry from the wobbly wigs and booze-fumed bleakness of Greymouth Court...
"How do you get away with saying this sort of stuff about Their Honours, and them having not yet warmed their lace-trimmed judicial cushions???" said Our Man At The Bar, thumbing through Jeffries On Horrible Punishments for Wickedly Annoying Judges.
"He makes it up," said The Scunner, heating a handy poker.
Eminent crime barrister the Venerable Roger Chambers, head of chambers at Auckland's Vulcan Chambers, thought CaseLoad would be interested in a matter he has just been assigned to.
"For nearly 50 years I have been at the sharp end of criminal law, having represented murderers, rapists, robbers, mutilators, impassioned fraudsters, queens and ne'er-do-wells."
Defence lawyer Roger Chambers. Photo / Natalie Slade
"What a pleasure after all those years to be asked by the Legal Services Commissioner to represent a man who allegedly 'did steal a pushbike valued at $100.00.'"
"A refreshing and unexpected brief," says Venerable Chambers. "It sure beats homicidal maniacs, psychopaths and exotic dancers..." "He's in for it now," said The Scunner.
Thank you for sharing the news that Judge's are free to wear suits and ties or frocks to work - whatever takes their fancy on the day (CaseLoad June 12 and 19).
My hubby, His Honour Justice (Name withheld to avoid inappropriate name-calling) looks so much at home in some of the little numbers he's found in my closet and I must say he's much more bright-eyed and bushy-tailed after a late jury..."
The rule of law remains a fundamental driver of society 800 years after Magna Carter was signed on June 19, 1215, Law Society rule of law committee convenor Christchurch Queen's Counsel Austin Forbes reminds CaseLoad.
"Magna Carta remains today as a powerful symbol of equal justice, liberty and individual freedom."
"It is the foundation of parliamentary sovereignty and the concept of the rule of law - which is the principle that no one is above the law."
Which is a precious principle CaseLoaders say politicians should leave well alone whenever they feel the urge to tinker with the law...
Clarification
The volume Jeffries On Horrible Punishments for Wickedly Annoying Judges, referred to above, details punishments for those who wickedly annoy judges, not punishments for judges who are wickedly annoying.
