Judges react badly to allergic lawyer's 'fearless' criticism

A lawyer who literally moved five Court of Appeal judges because of his allergy to their building-site court ultimately got up their noses.

During recent appearances, Tony Ellis had a quick reaction to the dust and smell from the final stages of the Court of Appeal's refurbishment.

So when he had to appear before the court yesterday, the five judges obligingly trooped along the road to Wellington's dust-free High Court.

There the air of friendly co-operation ended.

A grim-faced president of the court, Justice Noel Anderson, said they were not impressed with the "intemperate" tone of Mr Ellis' submissions. 

Mr Ellis brushed aside the criticism, saying it was his duty to be fearless, "even in the presence of a hostile court".

Justice Anderson said the court was not questioning his courage, but its expression.

Again Mr Ellis rejected the criticism and told the judges they should not be so sensitive.

He was appearing for Allan Kendrick Dean, 68, who has been in prison since 1995 for groping the crotch of a 13-year-old boy in a Porirua cinema.

Dean pleaded guilty to an indecent assault charge, and has appealed the open-ended term of preventive detention imposed.

He had served earlier jail terms for similar offending, including eight years imposed in 1970.

After hearing the appeal against the preventive detention sentence last month, and reserving its decision, the court then called for at least part of the file relating to the 1970 case and invited Mr Ellis and the Crown to make further submissions.

Mr Ellis said he did not know if the court was wanting to be helpful or was trying to "stitch up" Dean.

He alleged the court's actions in calling for the old file were unlawful.

"It is not the function of a judge to usurp the role of counsel, embark on an investigation, and go off on a frolic of his own."

Mr Ellis said the old file revealed a "patently homophobic" comment from a judge that people not suffering from Dean's "unfortunate homosexual addiction" would have found the circumstances of his offending "singularly nauseating".

The court has again reserved its decision on Dean's appeal.

- NZPA