Crown Solicitors' Dinner
May I begin by greeting everyone in the languages of the realm of New Zealand - English, Maori, Cook Island Maori, Niuean, Tokelauan and New Zealand Sign Language.
Greetings, Kia Ora, Kia Orana, Fakalofa Lahi Atu, Taloha Ni and as it is the evening and the sun has set (Sign)
May I specifically greet you: David Collins, Solicitor-General, and your deputy, Cameron Mander; you New Zealand's Crown Solicitors, Ladies and Gentlemen.
My wife Susan and I warmly welcome you to Government House in Wellington this evening for this Black Tie dinner to honour New Zealand's Crown Solicitors. It is wonderful to see so many familiar faces here tonight.
As many of you know, I am able to speak in my capacity as Governor-General but also as one whose professional work has steeped me in our country's legal and justice systems since I began work as a law clerk in the Crown Solicitor's Office (Meredith Connell) in Auckland just on 40 years ago in a few weeks. Indeed, I know a number of you present from those first days.
Since then, I have seen the system to which we contribute from many angles. Twelve years as a lawyer—as a prosecutor and defence counsel—followed by nearly 13 years as a Judge with a criminal jury trial warrant. I have spent time as a Prison Board Chairman, as a Parole Board Member and a number of years as a working member of the Government's Criminal Law Reform committee. I mention these because in each of those phases, work has arisen with a number of others of you here this evening. In the ten years I spent as an Ombudsman, I was involved in dealing with complaints made by people against government organisations, including those remanded and sentenced in our country's prisons and for people seeing information under the Official Information Act.
As the Governor-General today, I am at the titular summit of the system where, on the advice of Ministers, I sign laws, regulations and the warrants of diplomats, senior civil servants, judges and commissioned officers of the New Zealand Defence Force. And, on the advice of the Attorney General, the warrants of Crown Solicitors come to be signed, including those of more than one or two of you here this evening.
The work of New Zealand's Crown Solicitors is undertaken under the framework of the Crown Solicitors Regulations 1994, which repealed similarly named regulations dated in 1987, which had in turn repealed regulations brought down, some would say not nearly ever soon enough, over the years back to the 1920s when the Crown Solicitors network, in addition to the Crown Law Office, was first set up with arrangements made for Mr PSK Macassey in Wellington and then Mr VRS Meredith in Auckland.
As a guide to the important role you undertake, the regulations to which I refer make for somewhat dismal reading. Much of it is dedicated to the complicated formula on how the Solicitor-General should work out your remuneration and indeed much of regulations is about just that—case work, travel expenses and the like and are much more arcane than anything that Mr Macassey or Mr (later Sir Vincent) Meredith would have had to deal with.
Regulations, of course, are about administration of the finer detail of the law and so one should not necessarily look to them for principled guidance. But I suppose it is not surprising then that while many a lofty quote has been written about the principles of the law, those about the profession have often been, many times unfairly, less than flattering.
For an example, in his published collection of legal anecdotes, Judge Russell Callander cited the case of a videotaped interview being shown to a Hamilton District Court hearing in 1993. The constable was scrupulous in advising the suspect of his rights under the Bill of Rights:
Constable: You are entitled to consult and instruct a lawyer without delay and in private. A telephone is available. Do you want a lawyer?
Suspect: No. I don't think I'll need a lawyer. I have nothing to hide.
But anecdotes aside, the role of the Crown Solicitor, like that of any prosecutor, is not merely to be an advocate for the Crown, but to ensure that procedural justice is done, and that cases are decided upon sufficient evidence. That, in particular, involves ensuring full disclosure of the Crown evidence, even when occasionally some of that information may not aid the prosecution case, and also reviewing the decision to prosecute.
As one who has prosecuted cases, I know how difficult that situation may be. The Police or other government authority have caught, arrested and charged a suspect and are convinced they have the right person before the Court. There are a few occasions when that decision is incorrect, but every case must be carefully reviewed and judgement is called for.
I have not ever forgotten listening to the chilling words of legendary counsel Sydney Kentridge QC speaking of the lamentable state into which, practice in the courts of South Africa in the 1970-s had fallen. He said that far from being places upholding justice as something seen to be done, it had become a case time and again (and it will be recalled he acted for Steve Biko) of observing justice which had to be seen to be believed. I join those who feel certain that Crown Solicitors doing their work professionally, are a guarantee that the same kind of label will not ever apply in regard to New Zealand courts.
In deciding whether to prosecute, the Prosecution Guidelines make it clear that the first question must always centre on evidential sufficiency. Only once it has been established that there is admissible and reliable evidence that an offence has been committed, and that the evidence against the charged person is sufficiently strong to establish a prima facie case, should factors such as the public interest come into play.
Some offences, particularly those involving violence or sexual assault against children, rightly generate public outrage. It is at times when passions are running high that one is reminded of the adage that the professional is one who keeps his or her head when everyone else is losing theirs. United States Supreme Court Justice William O Douglas once said,
"The function of the prosecutor is not to tack as many skins of victims as possible against the wall. [but] to vindicate the rights of the people as expressed in the laws and give those accused of crime a fair trial."
For if, as Robert Bolt's Sir Thomas More said in A Man for All Seasons, that the law "is a causeway upon which so long as he keeps to it a citizen may walk safely," then it is your role as important players in our justice system, to ensure that that path is well maintained.
As the Solicitor-General's 2005 briefing paper to the Attorney-General well noted, while the Police initiate indictable matters and take responsibility for them until committal for trial, "the Crown Solicitor's independence from the Police in the discharge of their prosecutorial functions is one of the protections of the citizen."
In addition to this work, the 16 Crown Solicitors, from Whangarei in the North to Invercargill in the South and from New Plymouth in the West to Gisborne in the East, are more than just agents of the Solicitor-General. In representing the Crown in your regions, along with Queen's Counsel in your areas, you set a standard for the profession.
As well, while Crown Solicitors report to the Solicitor-General on the conduct of trials they conduct on his behalf, I am sure that Dr Collins not only appreciates your work in representing the Crown in your areas of jurisdiction, but also in acting, for want of any better phrase, as the Solicitor-General's "eyes and ears" outside the Capital.
In conclusion, as erstwhile Governor-General, may I speak on the community's behalf, of the value of the contribution you make to our legal and justice system. In particular, I wish to acknowledge the lengthy and meritorious service of Wellington's the late Ken Stone, Whangarei's the present Phil Smith and Wanganui's the present Andrew Cameron, who have recently surrendered their warrants through retirement. As three of the longest serving Crown Solicitors, you have given outstanding service. I also wish to acknowledge Dunedin's Bill Wright who retired in 2002 and is also dining with us this evening.
On that note, I will close in New Zealand's first language, Maori, by offering greetings and wishing everyone good health and fortitude in your endeavours. No reira, tena koutou, tena koutou, kia ora, kia kaha, tena koutou katoa.