
Hart has been struck off the Law Society's registrar, ending his 46-year career as one of New Zealand's most high-profile criminal defence lawyers.
He was found guilty by the Lawyers and Conveyances Disciplinary Tribunal of overcharging a vulnerable family by $20,000 and two other charges.
But despite his career being over, he will be back before the bench acting in a role known as a McKenzie friend.
He will be allowed to pass notes, suggest questions and provide general support to his former junior lawyer Davina Murray, who is also a trained lawyer.
The police allege Murray, 38, passed information to Liam Reid inside Mt Eden Prison that prejudiced the safety of a prisoner who was attacked in jail.
Murray, a Maori Party candidate at the 2011 election, is also facing a charge of smuggling a cellphone, cigarettes and a lighter to Reid.
She denies both charges, which carry a maximum penalty of three months' jail, and says she has been acting as his lawyer.
Crown prosecutor Anna Longdill has opposed the application to have Hart in court, claiming the move would be contrary to the interests of justice.
She also opposed the application because the court was being assisted by lawyer Charl Hirschfeld, who is acting as an Amicus.
It is understood that the decision to allow Hart as a McKenzie friend could be revisited before Monday's hearing gets under way.
Murray is a practising lawyer and once worked for Hart. She appeared at Hart's Tribunal appearance to give evidence in his defence.
Her hearing has been plagued by myriad appeals, Judicial Reviews, and applications to have the charges thrown out.
It is understood Murray has sought to call convicted rapist and murderer Liam Reid and murderer Nathan Fenton as witnesses.
Reid is serving a 23-year sentence for raping and killing deaf woman Emma Agnew in Christchurch in 2007, and the rape, attempted murder and robbery of a 21-year-old student in Dunedin nine days later.
Murray is also calling career criminal Arthur Taylor, who was jailed for seven years for his involvement in a P-ring inside Paremoremo Prison.
The Crown have opposed the application for the prisoners to be brought to court on the grounds of safety and cost, and suggested they should give evidence by an audio-visual link from inside prison.
The hearing - before Judge Russell Collins - has been set down for five days.
- Edward Gay, APNZ court reporter











