The president of the New Zealand Law Society has come out in defence of Judith Ablett Kerr QC in light of recent public criticism of her acting as defence counsel for Clayton Weatherston.
Dunedin-based Mrs Ablett Kerr argued during Weatherston's trial that he had been provoked by his victim, Sophie Elliott, and was therefore guilty of manslaughter rather than murder.
Use of the provocation defence aroused considerable public anger and she received hate mail, abuse, death threats and damage to her property as a result.
New Zealand Law Society president John Marshall QC said the anger directed at Mrs Ablett Kerr was misplaced, and indicated a fundamental misunderstanding of the lawyer's role.
"This abusive and threatening behaviour directed against a lawyer who is simply doing her job is totally unacceptable and the Law Society regards it very seriously," he said.
"It is natural that people are angry and distressed by such cases, but they are quite wrong to identify the lawyer with the client's actions.
"Those who question why Judith Ablett Kerr `chose' to defend Clayton Weatherston need to realise that a lawyer actually has no choice in the matter."
Under the New Zealand Bill of Rights Act 1990, which is based on international human rights agreements, people arrested and charged have the right to consult and instruct a lawyer, and the right to present a defence.
Mr Marshall said in order for these rights to be effective, lawyers must act for people regardless of the nature of the person or the case.
The lawyer must also put before the court any proper defence in accordance with the client's instructions.
Mr Marshall said defence lawyers must also protect their client, as far as possible, from being convicted and must put the prosecution to proof in obtaining a conviction, regardless of any personal belief or opinion of the lawyer as to the client's guilt or innocence.
"When you realise that these are the rules, then you can see that Judith Ablett Kerr was doing the job she was required to do and it is absolutely unacceptable that she is subject to the sort of abuse that has been directed at her."
