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Lawyer Lynching Labelled Show Trial


  • Lawyer Lynching Labelled Show Trial

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    Political oppression against those who exercise their freedom to express critical views of judges is set to play out in an Auckland District Courtroom on 2 September 2013, where the New Zealand Law Society is seeking to have human rights barrister Evgeny Orlov debarred for privately criticising Court of Appeal Judge Rhys Harrison.

    The prosecution has been on foot for five years, has cost Society members over $200,000 and is largely unknown to the public despite procedural appeals having gone to the Court of Appeal and Supreme Court. It began when Mr Orlov made a private complaint to the Judicial Conduct Commissioner concerning what he considered to be racially tainted views of Maoris and foreigners by then-High Court Judge Rhys Harrison.

    Though similar complaints have been made by others against Harrison, Mr Orlov’s complaint prompted then-High Court Chief Justice Anthony Randerson to write the Law Society on Court letterhead asking it to investigate Mr Orlov’s fitness as a lawyer.
    The Law Society struggled but eventually came up with nine charges to levy against Mr Orlov. They all centre on “false and scandalous charges” Orlov allegedly made about Harrison in his JCC complaint.

    Harrison and Randerson JJ now both sit on the New Zealand Court of Appeal.
    In a mocking and meandering press release this week, Mr Orlov called his trial a ‘show trial’, noting the Law Society intends to call no witnesses, while preventing him from calling Harrison or either of the two Judicial Conduct Commissioners as witnesses.

    Orlov draws a comparison with the 1899 Privy Council case of McLeod v St Aubyn which found; “Contempt of Court may be committed by publication of scandalous matter respecting the Court after adjudication as well as pending a case before it. In England committals for such contempts have become obsolete: in small colonies consisting principally of coloured populations they may still be necessary in proper cases”.

    Even in a colonial backwater, no witnesses and allowing no cross-examination does indeed seem a strange court process to prove ‘false and scandalous’ criticisms sufficient for a legal lynching.

    Pertinently, Mr Orlov included a link to his press release of a New Zealand Law Society press release publicly criticising a conviction in Fiji for quoting a report critical of its courts as “a serious restriction on the right to free speech”. In contrast, NZ Society members’ criticisms in Orlov’s prosecution have been few; with those criticisms generally directed at the financial costs being incurred despite few members knowing what the ‘false and scandalous’ allegations are the core of the prosecution conducted in their names.

    Another lawyer similarly attacked by the New Zealand Law Society sees the current policies of the Law Society being permitted by a broad apathy which has turned to fear. He intoned, ‘Fear everything, do nothing and, above all, be quiet’ is the adopted credo of lawyers in New Zealand. The Orlov trial is also perverting natural justice by preventing inquiry (as scandalous) into the validity of a complaint he has made against a powerful State actor – a complaint which is not unique.

    Mr Orlov alleged Harrison J sanctioned Maori children being removed from their parents without hearing, and oppressively awarded costs against him personally in violation of UN conventions, for representing the parents in a claim alleging the Crown acted without due process. In another case, Harrison J ordered a known paedophile to be the custodial parent where the mother was a Russian bride being deported as a result of her marriage breakup.

    Investigate Magazine reported concerning the latter misconduct, “The most stunning aspect of the whole story, however, is why on earth a man with Paul Copeland’s psychiatric history, a man who raped his own sister and tried to murder his wife with a bow and arrow, a man who enjoyed killing cats in the cruellest possible ways – why such a man would be allowed anywhere near a child”. Judge Harrison’s brother Geoff Harrison was lawyer for that child.

    Judge Harrison also criticised Mr Orlov for not being trained as a lawyer in New Zealand, seemingly justifying his complaint Harrison is xenophobic without any explanation from the Judge for this worrisome judicial comment. Dr Frank Deliu, a U.S. and N.Z. trained lawyer, expresses similar views of Harrison and has provided the Judicial Conduct Commissioner seven sentencing decisions of Harrison J which cite their “host country” and crimes against “people of New Zealand” as factors in sentencing foreign-born New Zealanders.

    Dr Deliu is also being prosecuted by the NZ Law Society on the recommendation of Judge Randerson, although the charges are still being determined. Mr Orlov’s press release invites interested parties to attend the show trial which is set to begin at 10 am. With no witnesses and a charge of making false allegations, he has billed it as colonial justice at its best.

    • John "Brockovich"
      John "Brockovich" commented
      Editing a comment
      Originally posted by John "Brockovich"
      UP-DATE on Lynching: Sorry I cannot give one as I was barred from attending as I am a witness. At lease 10 members of the public in attendance. Not good enough. Please get there for tomorrows session. Starts at 10.00pm District Court Auckland, 65/69 Albert street, Court room 5.3 (level 5).

      This is a opportunity that you should not miss if you are serious about starting to publically uncover injustices in NZ.
      If you cannot make it today to the hearing, phone someone else and get then to attend for you. It is vital. Details are above.

    • John "Brockovich"
      John "Brockovich" commented
      Editing a comment
      Originally posted by John "Brockovich"
      If you cannot make it today to the hearing, phone someone else and get then to attend for you. It is vital. Details are above.
      PROGRESS REPORT on "Lynching": The Law Society has applied to have the affidavit, that is said to prove Justice Harrison is corrupt, excluded from the hearing (as inadmissible). The argument on all these things will go into tomorrow and Thursday. So you have an opportunity to attend.

      Please show you support by attending, or continuing to attend, the hearing

    • "Frank"
      "Frank" commented
      Editing a comment
      Originally posted by John "Brockovich"
      Further detail on the hearing: Judge Clarkson is the judge chairing the hearing, who I understand does not have a good record. Anyone dealt with by Judge Clarkson?
      Absolutely - we have had dealings with Judge Clarkson. We fled the country as a direct result. I encourage you to please read and comment on our experience with Judge Clarkson:
      We look forward to the day when we can testify under oath against Justice Clarkson.
    Posting comments is disabled.

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