Justice Wilson

December 2nd, 2009 at 3:40 pm by David Farrar

The Attorney-General has announced:

Attorney-General Christopher Finlayson said he had confirmed today that the has received a complaint relating to Justice  Wilson’s failure to recuse himself from a Court of Appeal case despite the nature and extent of his financial relationship with counsel in the case. …

“The matter is now with the Judicial Conduct Commissioner,” Mr Finlayson said. “The law requires that the Commissioner makes a preliminary examination, during which he may make any enquiries and look at any relevant court documents.”

“At the end of the preliminary examination, the Commissioner must either dismiss the complaint, or refer the complaint to the Chief Justice, or recommend that the Attorney-General appoint a Judicial Conduct Panel to inquire into any matter concerning the conduct of the Judge.”

This is no minor thing, as sits on the .

The Press editorial also touches on him:

The Supreme Court’s decision last week to recall a decision it made earlier this year, and direct a new hearing of an important case because of concerns about the risk of the appearance of bias by one of its own judges, is unprecedented in New Zealand.

Which does show the system works.

It not only raises doubts about the judgment of the judge involved but it also re-ignites debate made at the time the Supreme Court was established about whether, with judges drawn entirely from New Zealand’s small legal talent pool, such problems are unavoidable. There is little question that, at the least, the episode is a serious embarrassment for the Supreme Court. …

At the time, the judge was a new appointee on the Court of Appeal. He was soon afterwards elevated to the Supreme Court, after an extremely short time on the Appeal Court and ahead of other more experienced and more intellectually distinguished Appeal Court judges. This lapse inevitably raises a question about whether he has sufficient sensitivity of judgment to entitle him to sit on the country’s highest court.

I will be interested to see the report of the Judicial Conduct Commissioner.

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9 Responses to “Justice Wilson”

  1. Political Busker (231 comments) says:

    kiwisfirst.com

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  2. lastmanstanding (1,310 comments) says:

    Yet more evidence not thats it needed except for the intellectually challenged of the foolish move to abolish the appeal process to the Judical Committee of the Privy Council.

    Not only do we have a very small pool to draw from as this case shows the pool lacks the moral and ethical dimension to foot it with their Lordships.

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  3. david (2,194 comments) says:

    One would have thought that by the time a guy gets to be a judge in the District Court, let alone the High Court or Court of Appeal, he would have developed a “sensitivity of judgement” on matters of possible real or perceived personal conflicts. Otherwise what sort of bunnies do we really have sitting in judgement? The mind boggles

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  4. tarrant (35 comments) says:

    it’s public knowledge that this Judge was fast-tracked to the Court of Appeal having never been a judge at all, spent about 5 minutes there, then was fast-tracked to sit on the Supreme Court bench. it is the most extraordinary judicial career-path I have ever seen. So he had no real judicial experience of any kind before serving in our highest Courts!! the mid does boggle.

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  5. Political Busker (231 comments) says:

    This has got to be about the most undeserved thumbs down I have had in my life :-)

    I put up a link to a website that is exposing massive corruptions that the public have no idea is going on and it or I get snubbed – brilliant – just absolutely brilliant!

    Watch this space folks – you aint seen nothing yet, and like you imply @tarrant the fast tracking has got to indicate something else is going on that isn’t quite right.

    http://kiwisfirst.co.nz/index.asp?pageID=2145845331

    Cheers,
    Benjamin Easton

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  6. GPT1 (2,021 comments) says:

    Mr Easton – if you have the time to appeal decisions you see as unjust (and having read some of them I wonder what you are smoking), research the law and observe the workings of Parliament surely you have time to get a job rather than living off the taxpayer? Personally I regard it as unjust that taxpayers have to fund your hobby.

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  7. ernesto (257 comments) says:

    The most serious part is that it took Wilson J FOUR attempts to make full disclosure at which point the Court had to reverse their decision. Sounds like perverting the course of justice to me, a serious criminal offence. Wonder if Finlayson has the balls to charge a judge.

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  8. Political Busker (231 comments) says:

    @GTP1

    Thank you for this reply! The first and pressing answer is why I take the unemployment benefit and follow as you call it my hobby. I assure you it is not a hobby. It is an existence.

    Firstly, in expeditious explanation, I walked to Waitangi from Auckland and then from Auckland down to Wellington to bring my various challenges to the capital. I cannot remember exactly how much money I had when I walked, but it wasn’t much more than $20 leaving Auckland. I collapsed at Waiuru, or more to the point my feet collapsed. I had an old pair of boots and the blisters stopped me from walking. I had to pack them up with rubber off the road in order to continue. I hitched from Waiuru back up to Auckland, a friend bought me a new pair of boots – I hitched back down to Waiuru where I stopped and continued my journey. I then lived on the streets – busking for my income, until I ‘cracked’ the arguments by making a submission to a select committee on Deletion of the Principles of the Treaty of Waitangi Bill. In that submission I requested that the Speaker the Hon Margaret Wilson be summons herself to the Committee to make a declaration on a constitutional impropriety that rendered the country into a demand of reconstitution. I say expeditious because this is my cause. My submission disappeared and I was not invited to make the oral appearance I requested to talk to the necessary facts. I took the unemployment benefit, justified to represent the Queen (the law of sedition had been repealed which was my effective instrument to expose the arguments I presented) and have not come off it since.

    However and secondly, I have clearly identified what it is I prosecute and made a submission to the Ministry of Social Development to be appointed in an advisory status, claiming that instead of compensatory package I am back paid to the day I declared the constitutional breach (I have proved and is hidden) in parliament. This to me seems a very simple and cost effective method to challenge, prosecute and remedy the information (indefensible) I bring. Optimally parliament through the concentrated efforts of the human Rights Commission will engage an admission of the facts and mitigate the damage by following the course of action I suggest will disengage the corruptions. Yet and I appreciate that this second point is not your concern or the function of your question, but it is however necessary for you to calculate the third and final part of my reply. You do not know what was said in any of the proceedings which you have read. You have no idea what happened inside the Court or what it is that has been omitted. You can believe if you wish that the judgments read exactly to the court detail as the matters that are reported. That is your privilege and my burden. I am used to it, as is Vince Siemer who puts up kiwisfirst.com. You could otherwise, if you wish, ask me questions about those judgments you read.

    I gave up all smoking many years ago.

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