Indian Newslink October 15 2016 Digital Edition

OCTOBER 15, 2016
Law Tribunal suspends
Wellington solicitor
Sourced Content
Wellington
solicitor
Keith Ian
Jefferies has
been suspended by the
New Zealand Lawyers
and Conveyancers
Disciplinary Tribunal for
six months from October
10, 2016 after being convicted
on drug charges.
Mr Jefferies admitted
a disciplinary charge of
having been convicted
of offences punishable
by imprisonment which
tend to bring his profession
into disrepute.
The convictions were
for possession of a Class
A controlled drug, methamphetamine,
possession
of a Class C
controlled drug (β-MD-
MA) and possession of
utensils contrary to the
Misuse of Drugs Act 1975.
The District Court had
declined a discharge
without conviction and
imposed total fines of
$1300. On appeal the
High Court upheld the
sentence.
Random tests
The Tribunal also censured
Mr Jefferies, ordered
him to pay the
New Zealand Law
Society costs of $7861
and reimburse hearing
costs of $2909.
Mr Jefferies is also required
to submit himself
to random drug tests
as directed by the Law
Society.
Mr Jefferies claimed
that he had no addiction
and provided evidence in
support.
The Tribunal noted
that he had initially lied
to the Police about who
the drugs belonged to
and that this was an aggravating
feature. It also
noted his guilty plea, as
well as his acknowledgement
of the charge as
factors which count in
his favour.
Stressful career
The Tribunal accepted
Mr Jefferies had
practised for approximately
30 years in an
area of law which can be
stressful.
However, it said it
must have regard to how
the public might judge
the seriousness of a criminal
lawyer who represents
clients facing drug
charges succumbing to
the use of a Class A drug
in this way and would
expect the Tribunal to
send a strong message to
the profession generally.
It considered that the
offending was of a serious
nature, although not
at the very high end, and
there was a need for general
deterrence in the
marking of the profession’s
disapproval for offending
of this sort.
Financial burden
New Zealand Law
Society National
Prosecutions Manager
Mark Treleaven said that
the Tribunal was aware a
suspension would place
a financial burden on Mr
Jefferies, but that anything
less would not have
sent the right message.
“Members of the public
who entrust their personal
affairs to legal
practitioners are entitled
to know that a professional
disciplinary body
will not treat lightly serious
breaches of expected
standards,” he said.
Source: New Zealand
Law Society
Businesslink
Sir Ngatata Love
sentenced to jail
Supplied Content
reached with the prospective
Sir Ralph Heberley Ngatata developers, payments totaling
$1,687,500 were made to a
Love faces a period of two
years, six months’ imprisonment
after receiving his Skiffington.
company associated with Ms
sentence in the Wellington High These payments were concealed
from the Wellington
Court on October 7, 2016 for
Crimes Act offending.
Tenths Trust.
Sir Ngatata was found guilty Abuse of trust
last month of one charge of
SFO Chief Executive Julie Read
‘Obtaining by deception’ following
a Serious Fraud Office (SFO) ence was once immense. The
said, “Sir Ngatata Love’s influ-
prosecution and a three-week sentence imposed today reflects
a gross abuse of trust. By
trial.
The prosecution related to a Sir Ngatata Love’s actions, he deceived
his fellow trustees and
significant commercial property
development project which was gained personally at the expense
undertaken in Wellington. of the Wellington Tenths beneficiaries,
whose interests he was
The project involved land
owned by the Wellington Tenths supposed to protect. It is a sad
Trust of which Sir Ngatata Love day for his iwi and for those who
was the Chair.
placed their confidence in him as
Concealed payments
a respected Maori leader and a
Sir Ngatata Love arranged for champion of Maori development.
himself and his partner, Lorraine It also serves as a reminder that
Skiffington, to obtain control, for the law applies to everyone.
their own benefit, of a premium The SFO will continue to pursue
those who abuse their posi-
the prospective developers were
prepared to pay to secure a leasehold
interest in the property. regardless of their status in the
tions of trust for personal gain,
This was done without disclosure
to, and in secret from, It has been indicated that Sir
community.”
the remaining Trustees of the Ngatata Love intends to appeal.
Wellington Tenths Trust.
Serious Fraud Office Press
As a result of an agreement Release
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