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  • Crown Law OK's Fake Court Orders




    The Crown Law Office has confirmed today that the Solicitor-General Michael Heron doesn't consider the falsification of Court orders to be a criminal offence.


    On behalf of Mr Heron, Senior Crown Solicitor Annabel Markham, was responding to a complaint made last week that sealed orders from the Court of Appeal had been altered to change the outcome of Court proceedings. Ms Markham acknowledged there were "discrepancies in the orders but nothing that would suggest criminal conduct".

    Documents recently released by the Court of Appeal show that Wellington lawyer Roger Chapman from Johnston Lawrence, had drafted erroneous orders to be sealed by the court which altered the legal capacity of parties to the proceedings.

    The falsified documents affected the court decision, making it appear that costs awarded to the deceased estate were actually owing to an executor personally. The fake order was then used as proof of debt to obtain a bankruptcy notice, which was later enforced by the Official Assignee

    When Ms Markam was asked today to confirm specifically what effect the "discrepancies" had on the outcome of court proceedings,she refused to comment other than state: " You'd be putting words into my mouth to suggest that my office would condone the falsification of the court record."

    Former Dean of the Open Politechnic Law Faculty Michael Appleby, said today; " this is a case where Crown Law Office have ignored a basic maxim in equity which says; " when equity and the common law collide..equity prevails" .

    "Not only have they overlooked the capacity of the parties to claim the debt, they have ignored the law requiring the executors to probate the will before gaining title to the debt, in this case; "the carts been put before the horse."
    Attached Files

    • Q. C.
      #2
      Q. C. commented
      Editing a comment
      You say "...Solicitor-General Michael Heron doesn't consider the falsification of Court orders to be a criminal offence."

      That is unsurprising as (from evidence posted on this Forum):
      Michael Heron does not consider that his Deputy Solicitor-Generals using his delegated statutory powers to 'stay' criminal prosecutions in which they are named co-defendants is a criminal offence either.

      It is not difficult to conclude that corruption on such matters maybe seen as a virtue in Crown Law (in protecting those who should not be protected under law, but Crown Law thinking otherwise).

    • admin
      #3
      admin commented
      Editing a comment
      The Crown is in a difficult position here, on one hand the lawyer has committed a fraud upon the court by filing false orders and on the other, the registrar is at fault for not ensuring the orders matched those handed down by the court. If it was just the lawyers reputation at stake, the complaint may have got some traction, but given the potential negligence by an employee of the crown there is nothing to see here....as usual.

    • Beachedas
      #4
      Beachedas commented
      Editing a comment
      Originally posted by admin
      The Crown is in a difficult position here, on one hand the lawyer has committed a fraud upon the court by filing false orders and on the other, the registrar is at fault for not ensuring the orders matched those handed down by the court. If it was just the lawyers reputation at stake, the complaint may have got some traction, but given the potential negligence by an employee of the crown there is nothing to see here....as usual.
      The registrar responsible for this mess slipping through the cracks should be fired!
    Posting comments is disabled.

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