Disgraced ex-lawyer Davina Murray struck off

Davina Murray. Photo / Steven McNicholl

Disgraced ex-lawyer Davina Murray has been struck off as she was unanimously found "not a fit and proper person to operate as a legal practitioner".

The decision was delivered by Judge Dale Clarkson at a Lawyers and Conveyancers Disciplinary Tribunal penalty hearing in Auckland this morning.

The five-person panel heard brief submissions before taking a short adjournment to consider its ruling.Judge Clarkson said Murray's behaviour was "of such a serious level, no response short of strike off would be a proper one".

Murray was convicted and sentenced to 50 hours' community work in 2013 for smuggling an iPhone, cigarettes and a lighter to her client, convicted murderer Liam Reid, in Mt Eden Prison.

At trial she initially tried to argue the items were planted on Reid by Corrections officers but finally acknowledged her guilt at sentencing in a letter to the court.

She was unsuccessful then in a bid for a discharge without conviction and an appeal to the High Court in February 2014 also failed.

Months earlier her practicing certificate, which would have allowed her to work as a lawyer, was refused.

The tribunal heard today Murray was an undischarged bankrupt and the Auckland Standards Committee was not seeking costs.

The case previously came before the tribunal in December when Murray's lawyer Warren Pyke argued there was no formal notation of a conviction being recorded against her name.

But the tribunal dismissed the appeal and found she had "been convicted of an offence punishable by imprisonment and the conviction reflects on her fitness to practise, or tends to bring her profession into disrepute".

Murray's actions caused a review of prison security and the imposition of a number of restrictions on visits between lawyers and prisoners.

Auckland Prison manager Tom Sherlock provided evidence to the court about the danger of such offending.

"Ms Murray's conduct has caused significant erosion of this trust and confidence with prison authorities. I personally feel I can no longer simply rely on the integrity of the legal profession when making decisions in the best interests of the security of Auckland Prison, and ultimately the safety of the public," he said.

Reid is serving a minimum 23-year sentence for raping and killing deaf woman Emma Agnew in Christchurch in 2007, and the rape, attempted murder and robbery of a 21-year-old student in Dunedin nine days later.

In a statement, Law Society president Chris Moore said Murray's offending had seriously threatened the easier access lawyers got to their clients in prison compared to that given to other visitors.

"Ms Murray's actions were a flagrant disregard of the mutual trust and respect between a lawyer and prison authorities. The access rights lawyers enjoy are privileges which must be strongly respected and honoured by lawyers as they support our whole justice system.

"The abuse of that relationship has brought the legal profession into disrepute. It also caused a review of prison security and has resulted in increased restrictions on visits between lawyers and prisoners. The Tribunal decision is fully justified."

Murray was not in court for today's hearing.