Comeskey suspended for nine months

Lawyer Chris Comeskey leaves the Disciplinary Tribunal hearing after being suspended for nine months today. Photo / NZPA

Disgraced high profile lawyer Chris Comeskey has been suspended for nine months for professional misconduct - but not struck off as a lawyer.

At its hearing in Auckland today, the Lawyers and Conveyancers Disciplinary Tribunal also cancelled Mr Comeskey's legal aid contract.

He was also ordered to pay two-thirds of the cost of setting up the tribunal and despite being in law for 15 years, was told he must engage a mentor before he resumes his practice and must not have junior counsel working for him.

The suspension will come into force when the tribunal releases its written decision, which could be weeks away.

Last Tuesday Mr Comeskey pleaded guilty to three professional misconduct charges laid by the New Zealand Law Society.

He admitted failing to act appropriately as defence counsel for a client, incorrect billing to the Legal Services Agency for the same client and also misleading the Court of Appeal.

A fourth charge laid after Mr Comeskey criticised the judiciary was withdrawn at last week's tribunal.

In its ruling this afternoon, the Tribunal ordered Mr Comeskey to pay the Law Society's costs and two thirds of the Tribunal's costs.

New Zealand Law Society president Jonathan Temm said the organisation, which had asked for Mr Comeskey to be struck off, accepted the decision.

"It's not really a matter of being disappointed," Mr Temm told Radio New Zealand. "The society has a statutory duty to regulate the legal profession in New Zealand. We investigate and, where appropriate, we prosecute. Beyond that, penalties are a matter for the tribunal and we abide by the decision."

Mr Temm said there was no basis to Mr Comeskey's claim that firms frequently send junior lawyers to clients and charge them at a senior rate.

"I absolutely reject that. That's not accepted by the society and I personally don't accept it," he said.

John Billington, QC, for the Law Society, had earlier told the Tribunal that Mr Comeskey's case put the legal profession "under the spotlight".

"What we do with what Mr Comeskey did has serious implications for the legal profession and the future of the profession," he said.

Comeskey's lawyer Russell Fairbrother said Mr Comeskey's misconduct was because of poor business decisions and was not a reflection on him personally or as a lawyer.

He should be sanctioned and his practice supervised by a mentor, not struck off, he said.

Addressing the tribunal, Mr Comeskey made an "unreserved apology" and expressed his remorse over his actions.

"This period has been very difficult for me and my family. I have six children. Last Thursday my six-year-old said to me 'dad, I never knew you were a crook'. I also apologise to my family," he said.

Mr Billington last week told the tribunal that the Law Society would seek to have Mr Comeskey struck off as a lawyer as a punishment for the "serious charges".

Mr Fairbrother said he would oppose any moves to have his client forced from the legal profession.

Under cross-examination by Mr Billington at last week's hearing, Mr Comeskey admitted charging one client $3157 - all at the senior rate of $154 an hour - despite his junior counsel doing the work.

The woman, who has name suppression, said she saw Mr Comeskey only once but his junior counsel handled her defence although they were not authorised to by the Legal Services Agency.

The Court of Appeal charge related to oral submissions Mr Comeskey made at the appeal of methamphetamine dealer Xiao Hui Huang.

The Court of Appeal dismissed her appeals against conviction and sentence in March 2008 and rejected Mr Comeskey's criticisms of the Crown case.

In the decision, Justice John Wild said he misled the court.

"Optimistic would be a charitable description of the last of Mr Comeskey's submissions. Misleading would perhaps be a more accurate one.

"Need we mention the importance of counsel accurately stating the position, and being absolutely candid and forthright with the court?"

Mr Comeskey also faced misconduct charges over critical remarks he made in the Herald on Sunday about the courts, judges and the Wanganui Crown Solicitor Lance Rowe, who was attempting to force Mr Comeskey to give evidence against the men who stole the war medals.

Those charges were withdrawn after he pleaded guilty to the other three offences.

Mr Comeskey made international headlines after negotiating the return of the 96 war medals - including the Charles Upham VC - which were stolen from the Waiouru Army Museum in December 2007.

He has also been involved in high-profile cases including those of murderer Joseph Reekers, tagger-killer Bruce Emery and wife-killer Nai Yin Xue.

- with NZPA