Heat rises at Berryman contempt hearing

The bitter wrangling between the Defence Force and lawyer Rob Moodie over a fatal bridge collapse sparked extraordinary personal exchanges at a contempt of court hearing in Wellington yesterday.

The Defence Force's contempt complaint against Dr Moodie was adjourned indefinitely by Justice John Wild in the High Court, but not before Crown counsel Hamish Hancock declared Dr Moodie's behaviour "evil".

He said Dr Moodie was setting a nasty, dangerous precedent by flouting the court's wishes and, without proof, calling the Army, its soldiers and its lawyers liars or corrupt. He asked what would happen to the next innocent Kiwi who might "run foul" of him.

Dr Moodie said the attack on him was serious and unfair and he would not be labelled a bully.

He said it was necessary to say someone was telling lies if the information they gave to a coroner's inquiry was contradicted by their own documents.

The contempt of court hearing was the latest in more than a decade of legal arguments over the 1994 collapse of an Army-built bridge leading on to the farm of King Country couple Keith and Margaret Berryman. Beekeeper Kenneth Richards died when the bridge failed.

A 1997 coroner's inquiry cleared the Army of any blame for the bridge's collapse, and instead criticised the Berrymans for failing to maintain it.

However, Dr Moodie has been fighting to make public evidence to an Army Court of Inquiry in 1994 which he was given in confidence by Defence Force lawyers.

The High Court has already ruled the report cannot be used as evidence in a new coroner's inquiry and ordered him to give back any copies of the report to the Army.

However, Dr Moodie posted the report on the internet and he said yesterday there had been 500,000 hits on it worldwide.

Justice Wild yesterday formally suppressed the report, and the evidence and the names of witnesses to the Court of Inquiry.

Dr Moodie's lawyer, Tony Ellis, said Dr Moodie would argue he was upholding the right to justice, and said the case involved a fundamental human right, the right to life.

He said the Defence Force could be accused of terminating a life, that of Mr Richards.

It was when Dr Moodie rose to defend the Berrymans against a Defence Force application for almost $9000 costs, from their failed attempt to use the report in a new coroner's hearing, that matters turned testy.

Mr Hancock repeatedly rose to object to Dr Moodie quoting from the newly suppressed evidence.

He complained Dr Moodie was making "savage" claims against Army personnel and he was believed because he was a barrister.

Dr Moodie was told by Justice Wild the tone and content of his written submissions was of concern.

Dr Moodie said he would be happy for the evidence to be proved in a court. "Underlying all this is a serious miscarriage of justice."

Justice Wild reserved his decision on costs, and adjourned the contempt hearing indefinitely.

The court's executive judge is to consider whether High Court powers to lay a complaint should be invoked.

The Berryman case

* The Army has secret evidence about how it built a bridge leading to the King Country farm of Keith and Margaret Berryman. The bridge failed, killing beekeeper Ken Richards.

* Lawyer Rob Moodie obtained a court order to see it, but in confidence.

* When the High Court agreed, Dr Moodie posted the evidence on the internet.

* He now wants to use the evidence alleging the Army misled a coroner in 1997.

* The Army refuses to release it publicly, saying it is legally privileged.

* The Defence Force complained Dr Moodie was in contempt of court and wants all copies of its report back.