Friday, September 3, 2010

Another "orchestrated litany of lies" in New Zealand?



The N.Z. judiciary is notoriously incestuous and corrupt. Even the Kiwis know that, which is why they brought in an Australian judge (Mason) to head an inquiry into the Mt. Erebus disaster. Mason was scathing so they will probably not do that again. They have also now protected themselves by cutting off appeals to London

The solemn edifice of justice depends on the public having some sort of respect for and confidence in judges. That sounds like one of William Blackstone's platitudinous pronouncements but it's something the judiciary trots out frequently to remind everyone that they are ''in touch'' yet remote.

When judges misjudge there is hell to pay. In a single bound the thin silk can easily be torn from the alabaster bosom of that blind statue holding aloft the wobbly (non-digital) scales. It's delicate and it's a lot to do with appearances - just how much can be observed from recent events in New Zealand.

This is a case study for the common-law world on the unresolved tensions between protecting the integrity of the system and personal loyalties and duties. It's known as the Saxmere scandal.

In 2007 Justice Bill Wilson, a senior judge, sat on an appeal involving a tax dispute between a group of wool growers, the Saxmere interests, and the now-defunct NZ Wool Board. Already there are sheep involved.

Wilson and the other appeal judges overturned a decision made lower down the judicial chain by the High Court in favour of the Saxmere Company, and held instead for the wool board. Its counsel was Alan Galbraith, QC, a chum of Wilson.

The judge informally told the counsel for Saxmere that he and Galbraith jointly owned a company called Rich Hill. But he did not openly and fully declare the details of his financial involvement, as he should have.

It later emerged that by various calculations Wilson was indebted to his other shareholder by between $240,000 and $600,000. Those figure are now in dispute in a lawsuit.

Wilson's lapse of openness, whether as a result of ''bad faith'' or not, has set off a chain of nasty firecrackers.

Last year Saxmere appealed against the High Court decision to the Supreme Court and was turned down. The judges, all of whom were colleagues of Wilson on the same court, found there was nothing in the financial relationship that would make the judge beholden to Galbraith.

Four months after dismissing the woolgrowers' appeal the Supreme Court revisited the case and decided it had not been in possession of all the facts when it made its decision.

They ''recalled'' their earlier judgment. The new details were that Wilson had an indebtedness to the company of $240,000. This represented partly an imbalance in the two shareholder accounts and partly a failure to repay interest and principle on $168,000 of bank debt.

Later there were reports that Galbraith had guaranteed the judge's personal bank borrowing of $360,000 for his share of the purchase of more land. That allegedly bumped up Wilson's indebtedness to his other shareholder to more than $600,000.

The Judicial Conduct Commissioner, David Gascoigne, recommended to the attorney-general that he appoint a conduct panel to look at Wilson's behaviour, whether it was unbecoming and whether the judge should resign.

The attorney-general had to delegate this matter as he and Wilson used to work at the same law firm.

The relationships get warmer. Last year, a well-known silk, Jim Farmer, was engaged by Alan Galbraith to advise him how to navigate the storm. Farmer privately went to his old friend Edmund Thomas, a retired appeal court judge, for comfort and advice.

Farmer and Thomas started a series of emails, which printed out run to 50 pages. The emails were the subject of a failed suppression attempt by Thomas and Wilson in the High Court.

''The first objective must be to ensure that Alan comes out of this squeaky clean,'' Thomas tells Farmer. His second objective is the protection of the integrity of the judiciary.

Thomas says: ''Bill [Wilson] is clearly desperate. He has lied about the fact that some monies, if not the half million, were not due at the time of the Saxmere hearing.''

Thomas starts getting edgy. He wants the whole story taken to the Chief Justice, Sian Elias. ''In my view the court is compromised every time Bill sits. The court is dysfunctional - contaminated might not be too strong a word.''

Farmer replies: ''I am not the keeper of the court's conscience. My primary obligation is to Alan . . . There is a limit to how far I will go to uphold the integrity of the judicial system . . .'' Farmer thinks that if Wilson ''goes down'' he will drag the chief justice with him.

Soon there were accusations that Thomas was leaking and that he would give Farmer up as his source. Thomas thought Farmer and other barristers involved in the affair could never again appear in front of Wilson.

Now Wilson has brought proceedings to prevent the Judicial Conduct Commissioner referring the matter to a panel. He's clinging on - but at what cost? The old idea that the court is more important than the client, the barristers and even an individual judge has taken a big hit.

Source

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