Counsel chided over T-shirt

Bruce Mahalski and his lawyer, Rhona Daysh, pose for a photo outside the Dunedin courthouse in...
Bruce Mahalski and his lawyer, Rhona Daysh, pose for a photo outside the Dunedin courthouse in their matching shirts. Photo: Gregor Richardson
A Dunedin lawyer found herself in trouble with a judge over her choice of clothing.

Bruce Bertram Mahalski (a.k.a. Nye), 62, appeared in the Dunedin District Court yesterday and pleaded guilty to wilful trespass.

The hearing got off to an unusual start when Judge David Robinson raised concern about counsel Rhona Daysh’s attire.

She was sporting a T-shirt matching her client’s, with the statement: "It’s a climate emergency".

"I don’t think it’s appropriate that a protest slogan be visible in a courtroom," Judge Robinson said.

"The solemnity of the court in my view requires counsel to not engage and not dress in such a way."

After taking a break to let Ms Daysh turn her shirt inside out, the sentencing continued.

The court heard that on July 22, Mahalski was served a trespass notice after he held an A3 paper sign saying "It’s a climate emergency" at Dunedin Airport.

He returned to the terminal building the following month and refused to leave, breaching the order.

He "made the decision to be arrested as a matter of principle", a police summary said.

Mahalski said given the airport was jointly owned by the Dunedin City Council and the government, both of which had declared a climate emergency in recent years, he found it odd they objected to his presence.

"I accept the concerns that you hold and the matter that motivates your activism, but the court has to be consistent in its response that activism must always comply with the law," Judge Robinson said.

The judge deferred Mahalski’s sentence for 12 months.

In an email to the Otago Daily Times yesterday, Mahalski said his crime was simply wearing a T-shirt.

"But the law is the law despite the fact that many people have since worn the same T-shirt at the airport," he wrote.

He earlier committed to defending the charge.

"It’s a battle for free speech," he said.

"I’ll absolutely defend this.

"I’ll defend this to the end."

felicity.dear@odt.co.nz

 

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