Detention for lawyer who stole from firm

Michael Barrymore was one of Richard Martin's clients at his former law firm. Photo / Dannevirke News

The immigration lawyer who helped entertainer Michael Barrymore get New Zealand residency has escaped a jail term after stealing money from the clients of a top law firm.

Richard James Martin, 44, was sentenced to five months' home detention by Judge Jan Sinclair in the Auckland District Court this week after pleading guilty to nine fraud charges.

The convictions mean Martin now faces being struck off as a lawyer.

He stole $17,850 from clients of a large commercial law firm, which has name suppression to protect its reputation from the embarrassing episode, where he worked as an immigration specialist for four years.

Martin told the Weekend Herald the money was in a trust account and would be repaid soon.

"I've made mistakes and I'm deeply regretful. It's been a tough time and I'm just looking to move forward."

The theft came to light only after Martin left the law firm in 2007 to set up his own immigration firm. An audit revealed he had banked nine cheques from clients into his own account. The law firm lodged a complaint with the Auckland District Law Society and police.

A spokeswoman for the law firm declined to comment.

However, the police investigation found Martin had been sacked previously for dishonesty offences just three months before joining the firm.

Between 2000 and 2003 Martin worked for an immigration consultancy, which also has name suppression.

His former boss gave evidence that Martin was dismissed after taking tens of thousands of dollars in cash payments from immigrants, bypassing the company's accounting books.

The thefts were discovered only when clients began ringing the immigration firm wanting to speak to Martin, who was working in an overseas branch. None of the clients were registered on the books.

An investigation found five payments where receipts had been written for clients and signed by Martin but the money had not been banked into the firm's accounts.

When questioned, Martin said the money was either placed on the client's file or in his desk drawer. He could not explain why he had not banked the money.

He went home and returned with $10,000 and deposited a further $10,000 later that day.

The court was told that approximately $60,000 of business was unaccounted for but the consultancy decided not to go to the police because of negative publicity.

The director, who cannot be named, told the Weekend Herald he felt empathy towards Martin, who has a young family, and hoped he could move on with his life.

Martin is facing a charge of unsatisfactory conduct before the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. He could be struck off as a lawyer if found guilty.

He now runs his own consultancy, Richard Martin Immigration, on Auckland's North Shore.

Michael Barrymore was one of his clients at his former law firm.

The controversy-plagued British entertainer was granted New Zealand residency under the partnership category in 2004, based on his relationship with Shaun Davis. Barrymore wanted to relaunch his career here more than two years after a man was found dead in his swimming pool in England.