Read the emails that may take down the chief justice
Explosive emails between two of New Zealand’s top legal brains reveal under-fire Supreme Court judge Justice Bill Wilson might attempt to bring down Chief Justice Dame Sian Elias if he was sacked.
RAW DATA: Click here to read the emails.
In today’s print edition of the National Business Review, it was revealed that top commercial lawyer Jim Farmer QC and retired Court of Appeal judge Sir Ted Thomas were in regular contact during an appeal of a decision Justice Wilson was part of.
The emails cover a period from July last year through until September, during which Mr Farmer and Sir Ted discussed Justice Wilson’s predicament and the need to ensure that another player in the wrangle, fellow high profile lawyer Alan Galbraith QC, was protected.
NBR was told this morning that Sir Ted has been in contact with legal advisers about the coverage. He declined to comment when contacted by NBR.
"No, no, no, no, no. You appreciate that I can't make any comment," he said.
Justice Wilson is facing investigation by a judicial conduct panel for his conduct over conflict of interest claims resulted from his business relationship with Mr Galbraith who appeared before him during a Court of Appeal hearing in 2007.
The emails can be viewed here.
For the full story, see today’s print edition of NBR.
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Comments and questions28
Dear oh dear!
That these old boys can play with our justice system via clever emails and promises and old boys networks while the chief justice and sitting judges try to protect themselves instead of the justice system is appalling.
The government needs to act immedialty, sack anyone with a whiff about them from this situation and start again.
Frankly i am disgusted and sickened by those emails and those 'gentlemen' acting in that way.
Each of Messrs Farmer and Thomas is in a very difficult position. Let's not forget that the originator of all these problems is Bill Wilson. Having created this mess he is now relying on technical arguments and hair-splitting to cling onto his position on the Supreme Court. His behaviour is undermining confidence in the entire legal system. If he had done the decent thing and resigned a year ago the damage would have been minimal.
Perhaps the Govenor General needs to replace the chief justice and the bench all at once??
As the country laments the need to lift productivity it pains me to see that at the top level of our justice system lying to take a sickie ( it was suggested Wilson takes sick leave in the emails)seems ok?And from there it leads to our politicians.And from there it leads to my workforce in South Auckland who think its OK and guess what our exporting company is not internationally competitive because of lower productivity!
New Zealander need to have higher expectations of ourselves and our comunity leaders-sack the chief justice and the whole bench!
There is nothing in those emails which suggest any wrong doing by the Chief Justice - at most it suggests she would not act until she had information first hand, rather than through an anonymous complainant. Nor does it suggest problems with judges other than Justice Wilson.
If there is anyone called to answer for this it is Wilson, Sir Ted Thomas or the lawyers involved. But presumably that is what the panel convened by Judith Collins will do?
What we are seeing here is just the tip of a rapidly melting iceberg. This travesty has been festering for several years while some of our most senior and respected officials and their departments in Wellington have abused position, privilege and taxpayers' monies, in a vain attempt to save their own skins (arguing it was in the interest of maintaining public confidence in our legal system) coupled with leaderless inertia, by orchestrating the prolonged "suffocation" of a few courageous lay people who trustingly played by the "rules" to reach the truth.
This would have never been allowed the antiseptic of exposure if it had been left to Wellington.
This is for the sake of all New Zealand, both home and abroad, in an attempt to try and maintain some integrity for what is rapidly becoming another morally and visionary direction-less country.
It also shows very clearly not to discuss confidential matters via email!
Time to say goodbye to Dear Jim. He's done well.
Presumably when he writes his memoirs, as all his kind are wont to do.....there will be a chapter called : Friendship uber Alles.
Disgusting how low our legal profession has sunk.
Make them all "renew their vows"....the ones they took on admission....and clearly have put behind them.
Yet another example of how Auntie Helen's chickens are coming home to roost.....and McCully and Key are warming up to support her for the top job!! Certainly not looking to go to the Privy Council, are they?
Presumably they are hoping to be down the road in Washington...Johnno placing bets with the IMF's loot and Makker swilling $1,000 a bottle hooch as our ambassador.
Hate to use this old saying...But POWER currupts....Kiwis now are aware and are watching...and reading ....and judging...
Where now those who have lambasted some of us for suggesting the NZ Judicary are not and have never been as squeaky clean as some would hope.
There is dirty work at the cross roads and an Agean Stable that needs sluicing out
Bill should have bitten the bullet and resigned,due to "Health Reasons" or "Financial Problems."
He has made it awkward for others in the legal profession.
The Chief Justice has nothing to be concerned about.
Bill can just go back to being a lawyer again.
It is heartening to see Ted Thomas' emails are just as enlightening and brutal as his judgments. And as entertaining! Bring Back Ted!!
Sian Elias, got Justice Wood off the hook, when he got caught viewing XXX sites on his office computer; shouldn't be much trouble getting Billy off, too.
This case is merely the tip of the iceberg. Some of us fled NZ in order to escape judicial corruption and harassment. Gagging orders prevent the full truth of NZ's judicial system from being exposed to the public. The time will come when NZ will need a "Truth and Reconcilliation" process in order to address past atrocities. If that day arrives, I will be first in the queue with solid evidence.
In my considered opinion, the one who has taken the most principled and uncompromising stand in defending the 'integrity' of the NZ 'Justice ' system, has been Vince Siemer.
It is Vince Siemer who has upheld the 'rule of law' by refusing to bow to 'Court Orders' which have not been lawfully obtained, and he is the one who has been jailed THREE times, although he has never broken any law.
These emails prove the pivotal role played by his 'Ponygate' story on www.kiwifirst .co.nz
I predict significant and long-overdue improvements to the NZ 'Justice system', including:
1) ALL court proceedings to be recorded.
2) A 'Register of Interests,' (pecuniary and non-pecuniary) for Judges, available for public scrutiny.
3) An independent, competent body which has integrity, and in which the public can have confidence, to 'judge the Judges'.
Penny Bright
Media Spokesperson
Water Pressure Group
Judicially recognised 'Public Watchdog' on Metrowater, water and Auckland regional governance matters.
"Anti-corruption campaigner"
AUCKLAND MAYORAL CANDIDATE.
http://waterpressure.wordpress.com
waterpressure@gmail.com
3)
These emails do not prove Vince Siemer was right, nor was his 'ponygate' story pivotal. Vince's writings & ravings are largely untrue and ignorant comments about judicial officers, primarily motivated by his overblown sense of personal grievance arising from his dissatisfaction with the treatment of his case.
If anyone deserves praise for their work on this story its the NBR.
I can say that the Wilson J drama is minor compared to other things I witness. The only reason that I believe Wilson J is taking this heat is because the media got involved. Problem is the media does not hear or see the far graver breaches (and, this incident is relatively simple and straightforward, so thus easier to report). New Zealand is supposedly tops in the world in terms of non-corruption because of an excellent ability to cover it up. If Doctor A treated his cancer patients, but some died whilst Doctor B just refused to diagnosis cancer in any of his patients and just sent them away, then - technically - Doctor A would have more patients dying under his or her watch then Doctor B who simply dismisses the problems and refuses to treat them. That's New Zealand - Doctor B!
I am afraid that the corruption in the court systems around the world is far worse than any of us ever suspected. We are just beginning to see the very tip of the iceberg (so to speak). If any of us knew what really goes on behind closed doors between judges, attorneys and politicians I think it would make our blood boil. I recently did a blog post on this very thing. Corrupt Family Court System and Apathy are Destroying our Nation It shouldn't surprise any of us that our rights are slowly being taken away by the courts when the courts themselves are so self-serving and corrupt.
What I find extraordinary, is that the public of New Zealand have long lost confidence in the NZ Judiciary, yet those who are charged with maintaining the Courts confidence, harp on ad nauseam about how it must protect the public confidence blah blah blah.
Well helloooo….elephant in the room anybody??
"Vince's writings & ravings are largely untrue and ignorant comments about judicial officers, primarily motivated by his overblown sense of personal grievance arising from his dissatisfaction with the treatment of his case."
I'm not interested in your own unsubstantiated 'ravings' Kevin.
Can you provide and FACTS or EVIDENCE to back up where, in your opinion, Vince Siemer has been factually inaccurate on www.kiwisfirst.co.nz ?
Would YOU be satisfied with your judicial treatment if you were DEBARRED from defending yourself on the substantive defamation hearing, where you were denied the opportunity to put YOUR side of the story, and then got the highest ever defamation award against you?
If 'yes' - what sort of 'justice' system - from what planet - do YOU believe in?
How would YOU like to be jailed three times although you had never broken any law?
Yes - the NBR have done a good job on helping to expose judicial corruption in NZ - but they are NOT the only ones.
Good to give credit where it's due don't you think Kevin?
"In no sense do I advocate evading or defying the law ... That would lead to anarchy. An individual who breaks a law that his conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law." - Martin Luther King Jr
That's Vince Siemer - protecting the integrity of the NZ Courts and 'Justice' system, unlike a number of Judges at the highest levels.
Penny Bright
Media Spokesperson
Water Pressure Group
Judicially recognised 'Public Watchdog' on Metrowater, water and Auckland regional governance matters.
"Anti-corruption campaigner"
Auckland Mayoral candidate
http://waterpressure.wordpress.com
For too long NZ had hidden behind the facade of being the least corrupt I Like Vince am a victim of a justice system which does not require truth or evidence and happily denies those exposing corruption the right to a defence.
The corrupt with connections to the old boys club can mislead the court and no matter how much evidence you have there will never be enough to prove perjury .
You need only look at the data which I have obtained by OIA and posted on my web site under the same title as this NBR article, to see that we are soft of truth.
White collar criminals are actively using the court to conceal corruption, last week a woman was convicted and fined $18,000 for fraudulently running a business. Her false claims against me cost much more to defend . Her associate a business partner of a Director of the chamber of commerce financed the proceedings , he has skipped the county avoiding 22 charges of fabricating evidence which have been brought by the MED.
I found it impossible to complain about the lawyers who facilitated the court action and who were criticised by judges on several occasions. The law society is actively protecting them and refuses to investigate.
For any one , especially those well connected to the old boys network it is worth while suing the person who could expose you and that will give you many years to cover up .
When there is no accountability to the truth there is no justice
Our Government by refusing to ratify the UN convention against corruption is unwittingly condoning corruption . Hope fully this will become an election issue.
Grace Haden
Transparency New Zealand
http://anticorruptionnz.wordpress.com
Here's an idea. lets have constitutional conventions and arrange ourselves a legitimate and lawful Government that has legitimate and lawful courts, and clear mechanisms in place to catch corruption. We might even be able to wangle a representative legislative branch if we try hard enough
There a miasmic strain of rancidness coursing through the veins of the judiciary, with Mrs Fletcher being in charge of the store.
Why would I have any respect for this bunch?
You think, Simon Power and Chris Finlayson, will get off their fat, lazy chuffs, to do something about this?
Don't hold your breath.
New Zealand has the most corrupt Judicial System this side of Burma (or Zimbabwe)
I have a case where a High Court Judge has committed perjury assisting the other party.You don’t need to know the case – the Court documents show this to a five year old.Judicial Conduct Commissioner – he won’t do a thing -apparently a Judge committing perjury and premeditation is not a mater of conduct..Police – they’ve argued the other party did not commit theft or fraud by acquiring our commissioned documents pretending he represented us.The same police officer wrote the other party had done nothing wrong using my and my wife’s name and our address on documents purporting to be submissions by us to a government body.I could go on and on but that will be for a website later.
I’m at Appeals stage so cannot say more but would not be surprised if the old boys network will try to close ranks.
asmussen@exemail.com.au
A recent NZ Herald article headed "A Matter of Judgment", stated: The public look to the judiciary for stability ... integrity ... impartiality. If that integrity is not maintained the basic principle of judicial independence becomes that much harder to justify. The rule of law itself is placed in jeopardy. These sentiments are not empty rhetoric; they represent the reality of our unwritten constitution in which independence of the judiciary and the rule of law are fundamental. [...] Apparent bias is a legal term that doesn't mean that bias is apparent. The legal test is a judge is disqualified from a case "if a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is required to decide."
As a fair-minded lay observer I have only noticed blatant and obvious bias. Judicial integrity and impartiality are non-existent. Stability exist through nepotism and cronyism by rubber stamping their mate's biased judgment.
Milton wrote: "Nay, all the ordinary power is rather the people’s, who determine all controversies themselves by juries of twelve men. And hence it is that when a malefactor is asked at his arraignment, ' How will you be tried? ' he answers always, according to law and custom, ' By God and my country; NOT by God and the king, or the king’s deputy.'"
"Or the King's deputy" is itself an interesting reference because Her Majesty the Queen didn't appoint the Governor-General, therefore the Queen's judges are a fraud. See Fitzgibbon v HM Government.
The doctrines of precedent, like law, is whatever the pseudo-intellectual autocracy, selected from the intellectual sewer of the legal profession, say it is and a former Court of Appeal Justice wrote:
Judges create their own law in the judicial system based on their own opinions and rulings. It's called case law, and it is churned out daily through the rulings of judges. When a judge hands down a ruling and that ruling survives appeal with the next tier of judges, it then becomes case law, or legal precedent. This now happens so consistently that we've become more subject to the case rulings of judges rather than to laws made by the lawmaking bodies [based upon our non-existent Constitution]. [...] The judicial system may begin with enacted laws, but the variations that result from a judge's application of case law all too often change the ultimate meaning creating endless business opportunities for lawyers.
And continues: When a lawyer puts on a robe and takes the bench, he or she is called a judge. But in reality, when judges look down from the bench they are lawyers looking upon fellow members of their fraternity. In any other area of the free-enterprise system, this would be seen as a conflict of interest. [...] When a lawyer takes an oath as a judge, it merely enhances the ruling class of lawyers and judges. How can they be expected not to be beholden to those who elevated them to the bench? It has become a self-serving [fraudulent] bureaucracy [a criminal enterprise]. Today the skill and gamesmanship of lawyers, not the truth, determine the outcome of a case. Gone are the days when courts functioned to serve justice.
And lastly, in an article, "Judges, Law, Politics & Strategy" the author wrote: "In law, we commonly presume that judges reach decisions based on legal materials, such as precedents. In political science, researchers typically presume that judges do not reach decisions based on such legal materials. They maintain that the apparent reliance on precedent to reach decisions is simply a hoax designed to provide cover for a particular outcome. These researchers traditionally argued that judges reach their personally preferred outcome in the case and then rationalize it after the fact or with references to precedent for their preferred side."
Judges should be elected by the people and for a limited term. Judges and politician should only serve one term, one in office, the other in jail, until such time corruption has been totally eradicated from our courts.
A whole month has gone by nothing has happened the old principals of “lets ignore it and it will go away” appears to work.
Funny how so many people see what is wrong and how few are prepared to stand up for their values.
I congratulate all those who speak up because you do so at your own peril, I spoke up and Questioned corruption of one in the old boys club as a consequence it has cost me more than any criminal would be sentenced to , at least in the criminal jurisdiction there is some protection for the accused, in the civil jurisdiction it is he with the largest cheque book who wins.
Our justice system is dangerous I just wonder how many deaths through stress and suicides due to depression are caused by it. But we keep on pretending that there is nothing wrong.
The Stiff upper lip and denial appears to work, like being the least corrupt- it’s all about perception not reality.
Its time more people took a stand together we can do it .. but apathy prevails ... we get what we we stand up for and most prefer to let it wash over them until one day it affects them .
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