Lawyer may call for support of top judges

Up to four High Court and Court of Appeal judges may be called to give evidence in the case of a lawyer the Auckland District Law Society wants to suspend.

In its statement of claim the law society says the lawyer - referred to as "Z" on lists at the High Court in Auckland - is incompetent, disrespectful to the judiciary and the courts, is continually late, brings the legal profession into disrepute and is not fit to practise.

During a brief hearing in the High Court at Auckland this week, the lawyer told Justice Helen Winkelmann the claim was vexatious and frivolous.

The law society cites six court hearings in which the lawyer was said to be incompetent.

They included a lengthy drugs trial being aborted because the trial judge said the criminal defence lawyer's cross-examination was lengthy, confused, repetitive, irrelevant and embarrassing.

A few days later the lawyer was forced to quit another drugs trial.

When he appeared before the Court of Appeal on a murder appeal, the judges were deeply critical of his performance.

According to the lawyer, a number of written complaints from judges have been filed with the law society.

They say the lawyer did not know what he was talking about and could not answer basic questions put to him.

The lawyer queried the evidential foundation for the law society claims and described them to Justice Winkelmann as a "jumbling" and "cobbling together of a strange mixture of complaints".

The lawyer said he wanted to consider whether there was any basis to have the action struck out.

The lawyer suggested to the judge that he might wish to call some of her fellow High Court and Court of Appeal judges.

Outside the court he said there could be up to four judges he might wish to call to give evidence. But he believed there would be strong resistance to having judges testify.

"They don't want them in a court room [giving evidence], that's for sure.

"If you are going to say the guy is incompetent and can't be understood and doesn't know what a citation is, they [the judges] should get out there and support it - they should back it up."

A full bench of three out-of-Auckland judges is to hear the three-day case early next year.

Justice Winkelmann urged the lawyer to get counsel to represent him.

He said he resented having to pay another lawyer but would consider the position.

- NZPA