Lawyer convicted of assault on son, 12, that put him in hospital

A lawyer has been convicted and granted name suppression following a serious assault on his son that required him being hospitalised.

By Sam Sherwood of RNZ

The lawyer, aged in his 50s, appeared in the Timaru District Court on Friday before Judge Campbell Savage where he was sentenced to supervision after pleading guilty to a charge of assault on a child.

The judge said the case, which began in 2022, had moved at "glacial pace".

"One's led to the inescapable conclusion that you've done just about everything in your powers to frustrate the process, including avoiding the service of summons.

"It seems that you've used your knowledge of the system to duck and dive attempts to get it set down, and then you've counterpunched with a flurry of meritless pre-trial applications."

Court documents obtained by RNZ detail the offending that occurred in April 2022.

The summary of facts said the lawyer and his son were boxing on a concrete area at the rear of their address.

The lawyer was a "fully grown man and the victim is a small built, 38kg 12-year-old child", the summary said.

Both were wearing boxing gloves.

The lawyer struck the victim's head causing him to bleed.

"The victim said 'please stop. I am serious'.

"The defendant then struck the victim in the face followed by the stomach. This caused the victim to cry. He went to the ground.

"The defendant continued to punch the victim on the ground. Eventually the victim said he could not breath and the defendant stopped. The victim then jumped the fence to get away."

The victim was taken to hospital and was initially diagnosed with a suspected fractured cheekbone and perforated liver, however after scans this was not the case.

He sustained extensive bruising to his head and ears and a cut above his eye.

He was admitted to hospital for three nights to allow observation and investigation of his possible injuries.

The lawyer declined to comment to police.

At sentencing the man's lawyer, Michael Sandom told the court the lawyer appeared before the court as a defendant and as a practising lawyer.

Sandom said he was appearing among many of his colleagues and peers, which brought a level of "embarrassment and shame".

"[He] is not a perfect person, but none of us are.

"He knows the mistake that he made, he is remorseful for what occurred and in my submission shame for what occurred is an important theme for this sentencing."

Sandom said the offending would stay with the lawyer "for the rest of his life".

The offending was "distressing and repugnant" to the lawyer.

"He's ashamed for what occurred. He can barely face it, can barely talk about it, can barely engage with it at all."

Sandom said the lawyer was a "kind and generous person" as well as an "advocate" in the criminal jurisdiction.

He accepted it was "serious" offending.

Crown prosecutor Andrew McRae said the Crown opposed the lawyer's application for a discharge without conviction and said his affidavit for name suppression did not meet the threshold.

Judge Savage said the matter was slow to pass through the court system, with the first hearing in April 2022.

The lawyer pleaded guilty during a trial after the victim had given evidence. Judge Savage said the lawyer's claim he did not see his son's statement until trial was "implausible".

Judge Savage said it was "charitable" to say the lawyer's guilty plea came at the 11th hour.

"It came as the clock was striking 12."

He said he had no doubt the lawyer loved his son "with all your heart".

In terms of aggravating factors, the judge pointed to the victim's age and the breach of trust.

Judge Savage declined to discharge the lawyer without a conviction, but did grant final name suppression.

He said he did not see the lawyer as a risk of re-offending.

The lawyer has been practising for more than a decade. The New Zealand Law Society register does not say whether he holds a practising certificate.

RNZ asked the New Zealand Law Society how the lawyer was able to continue practising while the matter was before the court.

A spokesperson said the Law Society took any concerns regarding criminal offending by lawyers "seriously".

"Personal conduct by a lawyer may be considered under the complaints and disciplinary framework in the Lawyers and Conveyancers Act 2006 (the Act) in certain circumstances.

"However, a lawyer who holds a current practising certificate and admits to, or is found guilty of, criminal offending is not automatically suspended from practice."

The spokesperson said concerns or complaints must first be considered by independent Standards Committees who may refer matters to the New Zealand Lawyers and Conveyancers Disciplinary Tribunal, if the conduct was "sufficiently serious".

"In addition, section 40 of the Act provides that a lawyer who has applied to renew their practising certificate may continue to practise while the application is being considered. This may include cases where proceedings are ongoing."

Asked if a lawyer could be suspended pending a complaint, the spokesperson said only the tribunal could make an order that a lawyer be suspended from practice, including for an interim period while any disciplinary process is underway, or strike a lawyer off the roll of barristers and solicitors following referral from a Standards Committee.

The Disciplinary Tribunal is administered by the Ministry of Justice.

Asked why the register did not have the expiry date for the lawyer's practising certificate, the spokesperson said the Society was unable to comment on individual cases for privacy reasons.

"Speaking generally, practising certificates have an expiry date of 30 June each year."

Ministry of Justice acting group manager of National Service Delivery Louisa Carroll said the Ministry could not comment on the circumstances of any individual lawyer or active court proceedings.

Asked about the lawyer receiving legal aid clients, Carroll said legal aid providers must meet and maintain approval requirements and comply with the Legal Services Act, their legal aid provider contract, and professional obligations.

"Legal aid providers are also required to notify the Ministry within five working days if they are charged with, or convicted of, an offence punishable by imprisonment.

"Where the Ministry becomes aware of concerns about a provider, it may consider those concerns through its complaints, audit, quality assurance and provider approval processes."

Carroll said depending on the circumstances, the Ministry may take a range of actions, including imposing restrictions on a provider, modifying or cancelling their approval to undertake legal aid work, or referring matters to the New Zealand Law Society.

"Approved providers remain eligible to receive legal aid assignments unless their approval is changed, restricted, suspended, or cancelled.

"Decisions about a lawyer's practising certificate, ability to practise law, and disciplinary matters are the responsibility of the New Zealand Law Society and the Lawyers and Conveyancers Disciplinary Tribunal."