Lawyer's body had injuries consistent with fall, says coroner

Robert Fardell

The body of high-profile Auckland QC Robert Fardell was covered in injuries consistent with a fall when found at the high-tide mark on Devonport's Narrow Neck Beach.

Auckland Coroner Dr Murray Jamieson said yesterday the QC had drowned on December 11 last year.

He said injuries discovered on the 52-year-old's body were consistent with a fall, injuries a post mortem suggested happened before he drowned. "The precise nature of that fall is not clear in the evidence presented to me," Dr Jamieson said.

His full written findings will be available in about two weeks.

At an inquest held into Mr Fardell's death on February 28, the only people present were Mr Fardell's wife Kate, her lawyer Harry Waalkens QC and the inquest officer senior constable Paul Herman.

Vince Siemer, the man suing Mr Fardell before he died for $2.4 million was unhappy he was not at that inquest as he had evidence which should be put before the court.

Dr Jamieson said Mr Siemer was summoned to give that evidence three times and was present to give it yesterday.

Mr Siemer is suing Mr Fardell's estate for $1 million. Mr Fardell was Mr Siemer's lawyer when his company Paragon Oil was put into receivership. A partner at Ferrier Hodgson and high-profile company chairman Michael Stiassny, a friend of Mr Fardell, was the receiver.

The receivership was revoked, and resulted in Mr Siemer suing Mr Fardell and Mr Stiassny. He ran a billboard and website campaign against Mr Stiassny, and has been held in contempt of court for breaching two injunctions in relation to the website.

He has also been fined $15,000 and ordered to pay Mr Stiassny costs of $180,000 and disbursements of $3386.

The battle was continuing - this week, Mr Siemer appeared in the High Court seeking leave to appeal a decision to the Court of Appeal. The case is expected to return to court on Monday where lawyers will apply to have the proceedings stayed.

Yesterday, Mr Siemer refused to give the evidence unless the coroner read the record from the initial inquest in February. Dr Jamieson refused and demanded Mr Siemer give his evidence.

"Dr Jamieson, I am here to help you, I don't appreciate the hostility," Mr Siemer said, refusing to give his evidence until the public record of the earlier inquest was read.

"I am in no position, nor do I have any wish to read out to you or anyone else evidence given at a public inquest which was held in open court on the North Shore," Dr Jamieson said.

Private investigator Michael Sheehan, a former detective, who was hired by Mr Siemer, gave hearsay evidence instead.

Mr Sheehan said it was alleged by a confidante there was a note written before Mr Fardell's death where he referred to the High Court action. Mr Fardell's junior partner Chris Morris had met him at his home before his death, he claimed. He said that information came from Mr Siemer.

He said two months after Mr Fardell's death he had spoken to children who were on the headland above the beach on the day Mr Fardell's body was found. The children told him police and ambulance officers had been walking around the headland and looking up to it, giving the impression someone had fallen.

Dr Jamieson said he was perturbed a former detective with familiarity in court procedure would come armed with a statement which was hearsay then give evidence obtained from children two months after the incident.

Mr Waalkens said Kate Fardell asked all the proceedings be suppressed. Failing that she asked Mr Siemer be prevented from publishing or causing to be published any part of the proceedings or asked the coroner to suppress any part of the proceedings the coroner deemed just.

Dr Jamieson suppressed any photos pertaining to the inquest from being published. His full written decision will be made public.

BATTLE FIGURES

Robert Fardell QC.

* One of the country's top courtroom lawyers, made a QC in 2002.

* Partner at Russell McVeagh.

* Represented Vince Siemer.

* Found dead on Narrow Neck Beach, Devonport, on December 11, lastyear.

* Survived by his wife, Kate.

* His funeral was attended by 10 judges of the High Court, where he was described as the legal fraternity's "Rumpole of the Bailey".

Vince Siemer

* Owner of company Paragon Oil, which was put into receivership but that was later revoked.

* Embroiled in a legal battle with receiver Michael Stiassny over a billboard and website campaign.

* Was suing Robert Fardell, his former lawyer, for $2.4 million; is now suing his estate for $1 million.

Michael Stiassny

* Chairman of Vector, and Auckland's water company Metrowater.

* Partner at Ferrier Hodgson, receiver for Mr Siemer's company.

* Suing Mr Siemer for defamation and breach of confidentiality.