Fallen legal eagle aims to rise again

A quarter of a century after he was disgraced for legal misdeeds while representing a drug syndicate leader, struck-off lawyer Eb Leary is trying to return to the courtroom.

Mr Leary will mostly be remembered for representing Terry Clark, kingpin of the Mr Asia drugs syndicate which spread a trail of drugs, dollars and dead bodies from the streets of Auckland to the world in the 1970s.

The eventual downfall of the syndicate took Mr Leary with it. Beset by allegations of drug dealing, perjury and financial impropriety, he was eventually struck off the roll of barristers and solicitors in 1987.

Now aged 61, Edward Poulter (Eb) Leary wants to make a comeback, and is asking the Law Practitioners Disciplinary Tribunal to reinstate him.

The application has the support of six judges, 15 Queen's Counsel and other legal figures, including Crown Solicitor Simon Moore.

Mr Leary refused to comment before a tribunal hearing, set down for next month.

The son of Leonard Poulter Leary, QC, doyen of Auckland's legal scene from the 1940s until the late 1960s, Eb Leary was a brilliant trial lawyer who looked set to follow in his father's footsteps.

It is understood his desire to return to the bar follows the death of his wife, Geraldine, from lung cancer in March.

The Weekend Herald has obtained a copy of Mr Leary's application in which he admits his mistakes and expresses great regret about his legal downfall.

"I feel that no amount of time will ever assuage my inner feeling of ignominy. Having damned myself by my own actions, I had also damned the expectations of my colleagues, the judiciary, the public and my family."

The application outlines his achievements over the past 20 years, which began with setting up a smoked fish factory in Ponsonby.

It describes how after Mr Leary's wife won $830,000 in Lotto, they gave $1000 to each staff member and $20,000 to Richmond Rd school.

The Learys then moved on to own and manage the exclusive Kingfish Lodge at Whangaroa in the Bay of Islands, selling it in late 2002 and moving to Mt Manganui to retire.

Mr Leary spent two years caring for his wife.

In the application, he says the events and achievements of the past 20 years have helped him to achieve "redemption".

"As I have learned to my detriment, reputation earned can be quickly lost and the process of re-establishing is both difficult and complex."

The Australian Royal Commission into Drug Trafficking in 1983 concluded that Mr Leary knew Clark was involved in illegal activity when he did work for him which included shifting thousands of dollars of Clark's money between accounts.

The charges of misconduct that ended his legal career involved:

* Introducing Clark to another client who then began drug dealing with Clark;

* Not putting money from Clark through his trust account;

* Not complying with audit regulations;

* Trying to deceive the Inland Revenue Department and the drug trafficking commission.

In striking Mr Leary off, Sir Robin Cooke, then the president of the Court of Appeal, said such "disgraceful and dishonourable" allegations had destroyed confidence in him.

Mr Leary's application for reinstatement does not deny any of this, but puts it down to "just one client" - Clark.

Clark, also known as Alexander Sinclair, died of a heart attack in an English prison in 1983.

Other lawyers who represented him included Kevin Ryan and Peter Williams, who both became Queen's Counsel, and Jim McLay, who became leader of the National Party.

Karen Soich, who became Clark's lover, is an entertainment lawyer in Auckland.

More than 50 lawyers have given support for Mr Leary's return to the bar. Other referees are understood to include fishing and bloodstock tycoon Philip Vela and former senior police officers.

In the application, Mr Leary says he has followed the changes to criminal law over the years, and has recently bought a textbook to help him to brush up further.

He has also visited the law library and observed cases in the High and District courts.

He said: "You might have left the law but the law will never leave you."