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Judge Harvey's Injudicious Remarks Sink Him Again

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  • Judge Harvey's Injudicious Remarks Sink Him Again

    Auckland District Court Judge David Harvey has once again put his hooves in his mouth at the NetHUI conference at Auckland's Sky City. In talking about copyright law, Harvey spun a tweet "We have met the enemy and he is [the] US".
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    The comment resulted in Judge Harvey having to disqualify himself from the trial of Kim Dotcom in the U.S.'s pursuit of the MegaUpload tycoon for alleged intellectual property law breaches.

    Reporter Russell Brown, to whom the comments were purportedly made, called the disqualification justified but unfortunate as the Judge's comments had nothing to do with the Dotcom proceedings.

    Judge Harvey has had a long and colourful history of gaffs and often foul comments from the bench. He frequently has refused to release the court transcript after verbally showing his personal bias.

    He has often threatened lawyers with contempt for showing up late and gleefully commented from the bench in 2010 that "Legal aid is out of business. It now is controlled by the Judiciary".

    • Q. C.
      #9
      Q. C. commented
      Editing a comment
      Originally posted by Q. C.
      Absolute success (sort of): Judge Harvey was forced to retire.

      The Judicial Conduct Commission advised by letter of 20 July 2016 that the complaint filed on 29 June 2016 against Judge Harvey for acting criminally cannot be investigated as Judge Harvey retired on 15 July 2016.
      Today's hard question to the Commissioner:

      "Commissioner

      Thank you for your letter of today. I am concerned, as the section of the Act you quoted in your letter states "The Commissioner must dismiss the complaint if the Commissioner is of the opinion that...the person who is the subject of the complaint is no longer a Judge"

      The complaint was made in June, at that point the person subject to the complaint was a Judge.

      The way you have interpreted the Act means that any Judge can commit any inappropriate act knowing that all they have to do, if they get caught out, is to retire before you make your decision, thus maintaining their important and rewarding status of being a "retired judge".

      I do not believe your interpretation is supported by Parliament's intent.

      Please explain why you have taken that position."
      Last edited by Q. C.; 20-07-2016, 02:29 PM.

    • golfa
      #10
      golfa commented
      Editing a comment
      I agree QC. "retired Judge" sounds so much better than "disgraced Judge".

    • Q. C.
      #11
      Q. C. commented
      Editing a comment
      Originally posted by Q. C.
      "Commissioner...The way you have interpreted the Act means that any Judge can commit any inappropriate act knowing that all they have to do, if they get caught out, is to retire before you make your decision, thus maintaining their important and rewarding status of being a "retired judge".

      I do not believe your interpretation is supported by Parliament's intent.

      Please explain why you have taken that position."

      Another hard question for the JCC

      "Commissioner

      Thank you for your letter of 29 July 2016.

      You state that your interpretation of the JCC Act is correct, that is, you have no authority to investigate the conduct of a Judge (when he was a judge) if he has since retired after the complaint was lodges to your Office. You rely on s. 5(c) of the JCC Act which states a "Judge" "does not include a retired Judge or a former Judge".

      You state my interpretation of the Act, that is, that you do have authority, is "arrant nonsense when read in conjunction with the definition of "Judge" in s. 5"

      I refer you to s.5(b) which states a "Judge" "includes a person who holds office as a temporary Judge, temporary Associate Judge, or acting Judge of any of those courts"

      As you know temporary Judges or acting Judges maybe sourced from retired Judges, but not former Judges.

      Your interpretation of the Act on that basis excludes authority to investigate the conduct of any temporary or acting Judge, if they were sourced from the pool of retired judges.

      So with the greatest of respects this makes your interpretation arrant nonsense. It is the timing of the conduct, the complaint and the retirement that are critical - the later 'retirement' does not, and cannot, trump the act or the complaint.


      Please reconsider your interpretation in light of s. 5(b) in combination with s. 5(c) and s. 4 of the JCC Act and advise on whether you will act on the Judge Harvey complaint."
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  • Judge Harvey's Injudicious Remarks Sink Him Again
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    Auckland District Court Judge David Harvey has once again put his hooves in his mouth at the NetHUI conference at Auckland's Sky City. In talking about copyright law, Harvey spun a tweet "We have met the enemy and he is [the] US".
    The comment resulted in Judge Harvey having to disqualify himself from the trial of Kim Dotcom in the U.S.'s pursuit of the MegaUpload tycoon for alleged intellectual property law breaches. Reporter Russell Brown, to whom the comments were purportedly made, ...
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