KEY POINTS:
Cross-dressing lawyer Miss Alice, aka Rob Moodie, could face professional discipline and a fine of up to $10,000 if he is found in contempt of court, a lawyer for the Solicitor-General told the High Court at Wellington yesterday.
Dressed in an Alice in Wonderland costume, Miss Alice represented
himself in court facing a contempt allegation.
Dr Moodie officially changed his name to Miss Alice last year in protest against the "old boys' network" he claims runs the judiciary. He now wears women's clothing in court.
The Crown is applying to have Miss Alice held in contempt of court for publishing a suppressed document in the long-running Berryman saga.
Keith and Margaret Berryman have been fighting to clear their name since beekeeper Ken Richards died in 1994 when an Army-built bridge collapsed on their land.
Miss Alice gave a copy of the suppressed document, known as the Butcher report, to TVNZ in March 2005 and posted another copy on the internet.
Crown representative Cheryl Gwyn yesterday quoted an affidavit from Miss Alice in which he said he released a copy of the Butcher report to TVNZ's Sunday programme after High Court proceedings were discontinued.
Miss Alice's defence was that he believed he was not in contempt as his actions were justified by public interest in the allegedly corrupt state actions, Ms Gwyn said.
He alleged the nature of the misconduct was significant and serious enough to justify his actions.
If the court found Miss Alice in contempt, a fine of up to $10,000 would be appropriate, Ms Gwyn said.
She said it would also be appropriate for the court to suspend Miss Alice from practising law.
"Counsel of good reputation and competency would undoubtedly consider his conduct to be disgraceful for a lawyer."
Miss Alice is set to present his submissions to the court today.
He said there were no instances of a deliberate breach of a court order.
Miss Alice disputed the Crown's suggestion the Berrymans could have appealed against a High Court decision to the Court of Appeal, saying they were not in a financial position to do so.
Before the hearing, Miss Alice was greeted by the Berrymans and presented with a corsage and a bouquet of flowers, which he placed in front of him in court.
He wore a petticoat under a billowing blue dress with a white apron and white lace-top stockings. The hearing is expected to end today.
- NZPA