Prosecutorial Misconduct - live and recorded webinar (CPD: 1.5 hours)

This webinar is aimed at both prosecutors and defence, and is suitable for all levels. It is also suitable for those involved in regulatory prosecutions.

Outline:

For sometime now, the alleged errors of defence counsel during the conduct of a criminal trial have been a common ground of appeal against conviction. More recently, Higher Courts have been prepared to scrutinise the conduct of prosecutors. Aaron Perkins QC and Richard Marchant are experienced prosecutors and will review the specific duties attaching to prosecutors and the ways in which they fall short of the requirement to conduct themselves as ‘Ministers of  Justice’. These include the requirement for accuracy in addresses made to juries, cross-examining in an overbearing manner, incorrect statements on the law, intemperate language and the introduction of inadmissible evidence. Some of the  ways in which a prosecutor can transgress are not necessarily obvious.

Presenters:

Aaron Perkins QC graduated with a LLB from the University of Auckland in 1980. He worked for two Auckland law firms before joining the independent bar in 1982. In 1986 he joined Meredith Connell and was responsible for managing all trials in the High Court at Auckland. He became a partner in 1993 until he returned to the independent bar . Aaron has a prosecuted over 100 homicide cases. He appeared regularly in the Court of Appeal and before the Parole Board. 

Since joining the independent bar, Aaron has practised out of Regent Chambers, Shortland Street Auckland. He still prosecutes trials on the half of the Crown as well as regulatory bodies and government entities. He has represented the Crown in the Waitangi Tribunal  as well as appearing for defendants in both civil and criminal proceedings. He has spoken at “Leading Justice Symposium (2014) and at the Ministry of “Justice leaders” forum at the request of the Secretary of Justice and was a long-standing member of the Chief Justice’s Criminal Practice Committee 2008 – 2014. Aaron was appointed silk in the 2016.

Richard Marchant is an Auckland-based barrister who has prosecuted a large number of cases on behalf of government agencies. Richard spent the early part of his career at Meredith Connell before travelling overseas to prosecute local body and regulatory offences in London. A year after his return to New Zealand, Richard re - joined Meredith Connell, prosecuting serious crime primarily in the High Court. He became a partner of the firm in 1995, opening and leading its Manukau office. He was chairman of the firm's board from 2008 until 2013. Richard has prosecuted numerous homicides and other serious criminal cases in the High and District Courts.

Since joining the independent bar, Richard has practised out of Regent Chambers in Auckland along with two other well-known prosecutors Aaron Perkins QC and Kiran Raftery QC. In November 2016 he was appointed by the Government as a Commissioner of the Transport Accident Investigation Commission. He still prosecutes on behalf of the Crown and other regulatory bodies including the New Zealand Law Society Disciplinary Tribunal. He is also a member of the pro bono panel of prosecutors for the SPCA Auckland. He has served on the executive of the Criminal Bar Association, the Legal Assistance Scheme Committee of the Auckland District Law Society, the local consultative group of the Legal Services Agency, a member of the performance review committee of Ministry of Justice and on the Auckland Regional Courts Group.

Webinar Chair, Asishna Prasad, is a senior lawyer with the Public Defence Service in its Auckland Office.  She is also a member of the NZBA's Training Committee.  Asishna commenced her legal career in Fiji and worked at the Office of the Director Prosecutions there for 10 years.  Her last role there was as Assistant Director of Public Prosecutions.  She then moved to Meredith Connell in Auckland where she prosecuted for 6 years.  In 2015 she had her fill of prosecuting, and joined the Public Defence Service.