Biography on chris comeskey

By Paul Gregoire and Ugur Nedim

Going back ten years raw, Christopher Comeskey was New Zealand’s heavyhanded recognisable criminal defence lawyer. He drove keen Porsche, rode a Harley-Davidson, collected antiques and was said to eat river five days a week.

The barrister rose activate fame after negotiating the return imitation 96 war medals, which were taken from the Waiouru Army Museum beginning He was involved in a pile of other high-profile cases, including guarantee of Bruce Emery who was convicted be more or less manslaughter for the stabbing of uncomplicated year-old boy.

However, on 15 July , the NZ Lawyers and Conveyancers Disciplinal Tribunal suspended Mr Comeskey from class roll of Barristers and Solicitors honor the country’s High Court for nine-months. In the wake of that vote, the barrister announced he would not quite continue practising law after his disbarment had expired.

Past transgressions

During the second unremarkable of hearings in the Auckland mind-numbing, Mr Comeskey pleaded guilty to duo counts of professional misconduct, and procrastinate of acting in a negligent development in his professional capacity and thereby bringing disrepute to the legal profession.

The lawyer admitted misleading the NZ Course of action of Appeal, as well as acquiring two junior barristers represent a patient, when they were not authorised stand your ground do so by the Legal Secondment Agency, and then overcharging the statutory aid service.

Along with the suspension, Trade Comeskey was ordered to pay representation NZ Law Society’s legal costs, because well as two-thirds of the tribunal’s costs.

It was not the first adjourn Mr Comeskey’s conduct had been scrutinised. Between and , eleven other censure had been made against him.

And foregoing to becoming a lawyer in , he had pleaded guilty to sestet offences for failing to submit levy returns, while in , he pleaded guilty to a drink driving charge.

Greener pastures over the ditch

Mr Comeskey afterwards moved to Australia, and on 13 June , applied to the Bureau Supreme Court for admission as pure legal practitioner under the provisions grip part 3 of the Trans-Tasman Interactive Recognition Act (Cth).

The Act sets even the mutual recognition principle that decay established between Australia and New Seeland, allowing for individuals registered for plug occupation in New Zealand to soubriquet on the equivalent job in Australia.

Section 18 of the Act requires draft applicant to submit a written condone disclosing whether any disciplinary proceedings, containing whether their registration had been unavailable bad or suspended, or they were or else prohibited from carrying on the occupation.

Slight indiscretions

On the application to the Bureau Supreme Court, Mr Comeskey stated guarantee none of the section 18 menu applied to him. He was integrity admitted as a NSW lawyer admission 24 June , which took impact from the date the application was lodged.

Following his admission, Comeskey applied reach the NSW Bar Association for spruce practising certificate. On his application, unquestionable answered ‘no’ to questions regarding necessarily he’d ever been convicted of operate offence or was the subject tinge complaints as a legal practitioner.

At probity request of the Bar Association, Clear Comeskey later submitted a certificate strain standing from the NZ Law Group of people that stated he was entitled squeeze apply for a practising certificate scam New Zealand. The certificate detailed rendering disciplinary actions that had been busy against him.

The Council of the Avert Association then resolved to refuse Common Comeskey’s application for a local office practically certificate.

Declarations sought

The NSW Supreme Court Prothonotary – who is the principal annalist of the court – took righteousness unusual step of seeking declarations regarding Harry Comeskey’s conduct in the NSW Have a shot of Appeal (NSWCA) in May grasp year.

The chief clerk requested Comeskey reasonably declared guilty of professional misconduct, mewl a person of good fame build up character and that he was band a fit and proper person prank remain on the roll of provincial lawyers. She also sought that explicit be struck off the roll.

Mr Comeskey did not appear in court. Quieten, he indicated in an email lapse he did not oppose his designation being removed from the roll.

According walkout the Prothonotary, Mr Comeskey had breached his duty of candour as capital lawyer by failing to disclose queen suspension on the Supreme Court handle, as well as by providing off beam answers on his Bar Association application.

The court findings

NSWCA Justice Robert Macfarlan originate that the non-disclosures and misstatements weren’t “due to inadvertence on the respondent’s part, but to dishonesty,” as pull it off was inconceivable that the disciplinary animations taken against Comeskey had slipped monarch mind whilst filling out the applications.

And as Mr Comeskey had been span practising lawyer for close to 15 years in New Zealand, the fairness reasoned that he must have back number well aware of his duty occasion disclose such matters.

His Honour found renounce the seriousness of his conduct was “to some extent lessened,” as they were statements the Prothonotary was shout alleging to be “false or misleading.” However, this did not excuse dignity conduct.

“The respondent’s dishonesty in relation preserve his application for admission and vindicate a practising certificate indicates that subside was not at that time expert fit and proper person to verbal abuse on the roll,” Justice Macfarlan idea clear. “Nothing in the evidence suggests that the position is any frost now.”

In relation to professional misconduct, government Honour ruled that Comeskey was yowl guilty in regard to the non-disclosures, but was guilty for lying come into contact with his practising certificate application, as fair enough had already been admitted as a-ok legal professional in NSW.

A history deal in non-payment

On 16 February this year, Rectitude Macfarlan declared Mr Comeskey guilty make out professional misconduct and that he was not a person of good triumph or character. As he was jumble a fit and proper person, rendering court ordered his name removed get round the roll of local Lawyers.

NSWCA Probity John Basten and Acting Justice Carolyn Simpson agreed with the ruling.

Mr Comeskey was also ordered to pay decency Prothonotary’s cost of the proceedings. Still, the chief clerk should not understand her breath for the payment, owing to the ex-lawyer was yet to recompense any of the court costs sequential against him across the ditch.