Focus on statement to court

David Garrett is followed by the media as he leaves the Christchurch Airport terminal yesterday after resigning from the Act Party. Photo / Simon Baker

Disgraced MP David Garrett could face fresh charges if he failed to tell the court about his conviction for assault while charged with forging a document, says a law expert.

University of Auckland law professor Warren Brookbanks said a sentencing judge would expect to be told of a defendant's convictions in New Zealand and overseas.

Mr Garrett was convicted of assault in Tonga in 2002, and fined $10. Three years later he faced court in New Zealand in 2005 for stealing the identity of a dead baby to forge a passport.

According to TV One, Mr Garrett told the court in 2005: "Since being admitted to the bar in 1992, I have committed no criminal offence, nor had any disciplinary proceedings brought against me, either in New Zealand or Tonga."

Act leader Rodney Hide said he was no longer satisfied that Mr Garrett had been truthful in his affidavit from 2005 when Mr Garrett was charged with obtaining a fake passport.

"New information that came to light regarding the affidavit David swore in his 2005 court case made it impossible to defend his position as a member of the Act caucus," Mr Hide said.

"In light of this, it has become clear to David that it would be inappropriate for him to remain in his position as an Act MP. As such, this morning he resigned from caucus and the party."

Professor Brookbanks said: "A conviction is a conviction. It may have different consequences for the person in the different country where the case is heard but it is still a mark against them. You would want to disclose that."

He said if that was done with the intention of misleading the court, then it could amount to perjury.

Professor Brookbanks said lawyers had extra responsibilities when addressing the court.

Mr Garrett is a lawyer and last practised in Tonga, but does not hold a practising certificate here in this country.

Court files obtained by the Herald yesterday showed no mention of Mr Garrett's conviction in Tonga.

In a brief statement yesterday, Mr Garrett said, "Issues have arisen regarding the affidavit I swore in that case which means I am unable to discuss that aspect of the case".

The Herald has applied for Mr Garrett's affidavit and it is understood his lawyer, Barry Hart, will oppose the application.