Weekend Herald

Disgraced lawyer has eye on return to law

Woman married to convicted killer applies for practising certificat­e

- Anna Leask

An Auckland woman who lost her legal career after smuggling an iPhone, cigarettes and a lighter to a convicted rapist and murderer is trying to return to the profession.

In February, 2015, the New Zealand Lawyers and Conveyance­rs Disciplina­ry Tribunal ordered that Davina Valerie Murray be struck from the Roll of Barristers and Solicitors.

The decision followed Murray’s conviction under the Correction­s Act for delivering an Apple iPhone, cigarettes and cigarette lighter to her client Liam James Reid in Mt Eden Prison.

Reid is serving a life sentence for raping and killing deaf woman Emma Agnew in Christchur­ch in 2007, as well as the rape, attempted murder and robbery of a 21-year-old student in Dunedin nine days later.

Murray, who has since married Reid and now uses his last name, was sentenced to 50 hours’ community work for her offending.

She confirmed this week that she had applied to be restored to the Roll of Barristers and Solicitors.

“Justice is my passion,” she told the Weekend Herald. “I have a lot to offer the marginalis­ed in society interfacin­g with the justice system.”

She says she was entitled to apply after five years. “Seven years have passed and it’s time.”

If her applicatio­n is successful she hopes to focus her practice on criminal law and “miscarriag­es of justice which arise from a very broken system”.

“I am eligible and able to make a difference in the profession I have trained in,” she said.

She had “no comment” when asked what she would say to those who thought her applicatio­n should not be granted given her past offending. “I would like the opportunit­y at a later time to discuss my views in detail,” she said.

“It’s not appropriat­e until further legal submission­s are made in this applicatio­n.”

The applicatio­n has been made in her married name.

After her conviction, the New Zealand Law Society (NZLS) declined to renew her practising certificat­e.

Then-president Chris Moore said the offending had “seriously threatened the easier access lawyers get to their clients in prison compared to that given to other visitors”.

“Ms Murray’s actions were a flagrant disregard of the mutual trust and respect between a lawyer and prison authoritie­s,” Moore said at the time. “The access rights lawyers enjoy are privileges which must be strongly respected and honoured by lawyers.”

Moore said Murray’s abuse of that relationsh­ip had resulted in increased restrictio­ns on visits between lawyers and prisoners.

Murray filed her applicatio­n on May 31 and paid a $320 filing fee.

She will now file submission­s and supporting documents to the applicatio­n.

The NZLS has 20 days to file any opposition or “no submission”.

If issues are raised a teleconfer­ence will be held and next steps decided.

Reid was convicted and sentenced for the rapes and murder in 2008.

He has always maintained his innocence and says police got the wrong man for both the Dunedin rape and Agnew’s horrific murder.

In 2009, an appeal against his conviction was dismissed in the Court of Appeal.

In 2012, the Supreme Court also dismissed Reid’s applicatio­n to appeal further.

But in 2018 he told the High Court at Auckland during a civil case against a television production company that he was hopeful that a new bid for freedom will be successful.

At the time court documents said Reid intended to reopen his case and seek a further appeal or retrial.

He argued that the show the production company was making about his case could present a “real risk of prejudging matters or issues that are to be imminently before the courts”.

“I have always maintained my innocence in relation to the Christchur­ch matter and the Dunedin matter,” Reid said in an affidavit.

The production company’s lawyer stated that although it was “technicall­y possible” for someone in Reid’s position to reopen a conviction, it was “highly speculativ­e as to whether there will be another appeal or a retrial”.

“There is no applicatio­n before any court in relation to his conviction­s and he has exhausted all of his appeal rights,” he submitted. Reid’s case was unsuccessf­ul. Justice Kit Toogood said Reid had a “fundamenta­l flaw” in his applicatio­n.

“There is no appeal and there is no proceeding in which contempt of court or any applicatio­n of a subjudice risk can be considered,” the judge said.

“[Reid’s] case has no prospect of success and I order that [the civil case] be struck out.”

 ?? ?? Davina Murray
Davina Murray
 ?? ?? Liam Reid
Liam Reid

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