Lawyers for convicted serial rapist Malcolm Rewa and a dozen other convicted criminals are petitioning the Privy Council in London over legal aid being refused for their New Zealand Court of Appeal hearings.
The lawyers were seeking leave to appeal to the Law Lords in London last night, and Solicitor-General Terence Arnold, QC, was representing the Crown.
At least one other prominent New Zealand lawyer, Kevin Ryan, QC, of Auckland, is taking a special interest in the case.
Mr Ryan personally bankrolled convicted murderer Warwick Bennett's case to the Privy Council last year.
Legal sources said Rewa's lawyer, Barry Hart, was hoping to join the action of the 12 others dissatisfied with the legal aid processes used at the Court of Appeal.
Alongside their petitions, the Law Lords may also consider the substantive case of Fa'afete Taito, who has been refused legal aid for appeals against an aggravated robbery conviction.
Last February, when Taito's two Wellington lawyers sought Privy Council permission to appeal, the Law Lords adjourned the application and invited the Crown to support his legal aid application.
The legal sources said the Law Lords were trying to lump all the New Zealand legal aid cases together.
It is understood the group of 12 petitioners were selected by their lawyers to demonstrate different aspects of what they argue is a failure of the legal aid system.
Rewa's petition relates to his failed appeal against his conviction for raping Susan Burdett, the Papatoetoe woman who was raped and murdered in 1992.
Mr Ryan said he was watching the Privy Council petitions with interest, because he paid out of his own pocket for Warwick Bennett's application to the London court.
"If they succeed then naturally I will tack on [to the petitioners' actions] because I've not received one cent from any legal aid payment [for Bennett]."
Mr Ryan said the Law Lords gave Bennett a "good hearing" last year but declined his application for leave to appeal to them, because Bennett had pleaded guilty to manslaughter "for an advantage" (in the belief the charge would be reduced from murder).
Bennett had been bound by the actions of his then lawyer, Christopher Harder, who has admitted two Law Society misconduct charges over his handling of the Bennett case.
Mr Ryan said preparing and taking the case to the Privy Council had cost him about $26,000 and last night's petitions to the council were about equity.
Bennett was convicted of murdering his wife, Yvonne, and burying her in a forest northwest of Auckland in 1982.
- NZPA
Law Lords hear legal aid fight
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