MP's shut-out memo angers lawyers

By SCOTT INGLIS

Angry lawyers have vowed to fight a Ministry of Health proposal banning them from questioning or crossexamining witnesses in official health inquiries.

The proposal, detailed in a memo from Health Minister Annette King to the cabinet's social policy and health committee, said lawyers should be confined to questioning inquiry teams rather than witnesses.

Mrs King said the key focus of health inquiries was finding the truth but her officials were concerned this did not always happen because lawyers got in the way.

Lawyers held their own inquiry, which duplicated functions and focused on issues not central to the team's inquiry, she said.

"It is not appropriate that questioning of witnesses by lawyers allows diversion into issues of dubious relevance or results in antagonistic cross-examination of witnesses."

But Bar Association president Stuart Grieve last night told the Herald that he was extremely concerned at the proposal because it would allow bureaucrats and politicians to hide. The association and Law Society would fight the plan during select committee hearings.

Lawyers being able to question witnesses was an essential part of the open justice system, said Mr Grieve.

The memo comes as at least 11 lawyers take part in the Gisborne cervical cancer inquiry into pathologist Michael Bottrill. His lawyer, Chris Hodson, QC, said the inquiry had shown the value of questioning Government officials.

Alliance health spokeswoman Phillida Bunkle agreed that the inquiry had shown the value of allowing parties to cross-examine witnesses.

But Acting Health Minister Ruth Dyson said the proposal had yet to be approved by the Government or even passed into law. "They [lawyers] may be buying into a fight that isn't there."