Senior legal professionals say Donna Awatere Huata is in jail where she should be and her race is irrelevant.
Maori Party candidates said at the weekend that she was being treated more severely than Pakeha who committed similar crimes.
But senior legal counsel spoken to by the Herald say the
race card should not be played in Awatere Huata's case.
The former Act MP was convicted of fraud in the Auckland District Court last week and is in custody awaiting sentence for fleecing $80,000 from a trust set up to help underprivileged children.
Maori Party co-leader Pita Sharples claimed racism was a factor in her case.
Auckland University senior criminal law lecturer Scott Optican said that although Maori might be treated differently in the courts, Awatere Huata's case was not relevant to the issue.
She had received good legal counsel and due process was followed.
"Before making allegations like that you have to show me some proof," Mr Optican said.
Hamilton Queen's Counsel Philip Morgan said that in most cases like Awatere Huata's, people were remanded in custody following conviction.
"This was a case where she had been convicted and a custodial sentence was likely, therefore the judge was simply doing his duty in accordance with the Bail Act."
The Crown has said it will seek a jail term for Awatere Huata of more than two years, which would rule out home detention.
Her lawyer, Guyon Foley, conceded at a bail hearing last week that she was likely to receive a prison sentence.
