The judge said he was "not happy" about a late application by Dunedin lawyer John Westgate to adjourn a defended hearing set down to be heard yesterday.
"The conduct of Mr Westgate, in my view, on the face of it, in this application, is not acceptable," Judge O'Driscoll said.
The defended hearing of Matthew Paden Messerschmidt (24), shearer, of Cromwell, on five charges relating to an incident at Cromwell on June 13, was to proceed yesterday. Mr Westgate was counsel for Messerschmidt but Alexandra lawyer Tim Cadogan appeared on Mr Westgate's behalf.
Judge O'Driscoll said there were a number of matters he was not happy about with this application and he asked for a copy of his comments to be forwarded to the Otago branch of the Law Society.
The police were also not happy, given the late notice, and they had witnesses in court ready to proceed yesterday, he said.
The defendant faced domestic violence charges and a hearing on such charges should be completed within six weeks of a status hearing.
The status hearing took place on September 8.
Mr Westgate had said "unforeseen circumstances" required him to be in Dunedin yesterday but gave no indication whether those circumstances were of a personal or professional nature, or said when they arose, Judge O'Driscoll said.
He had been placed in an "impossible position where I have no alternative but to grant the application [for an adjournment]".
It was not the defendant's fault and he could not ask the defendant to proceed with the case yesterday, as the man would have no counsel.
Messerschmidt was remanded until December 16 and the matter would proceed on that date.
He had pleaded not guilty to charges of intentional damage, resisting a police officer, injuring with intent, assaulting a female and assault.
He also faced a charge of receiving stolen shearing equipment worth $1400 at Cromwell on August 2.
When contacted by the Otago Daily Times, Mr Westgate said he had no comment to make at this stage. It was inappropriate for him to present "my side of things" through the newspaper, he said.
He would have an opportunity to respond through an "appropriate channel".
