City councillors stand by Guest

Michael Guest. Photo by Peter McIntosh.
Michael Guest. Photo by Peter McIntosh.
Michael Guest is a tall poppy who has been hung out to dry by some jealous of his achievements as a lawyer and Dunedin city councillor, Cr Bill Acklin says.

"I do. I think that he has been very, very hard done by in all of this," Cr Acklin said.

"In my opinion, some of the blooming tall poppy-cutters in the legal profession have made him pay a very heavy price for the mistakes that he has made, and they haven't let up."

Cr Acklin was one of six city councillors who, in 2008 and 2009, wrote letters to the New Zealand Law Society asking it to look favourably on Cr Guest's application to be readmitted to the roll of barristers and lawyers.

Cr Guest was struck off in 2001 after being found guilty on two counts of professional misconduct.

He was restored to the roll last year, but the Law Society refused to issue a practising certificate, which he needs to practise certain areas of law.

He appealed, but was refused after the tribunal decided he should have told it about an incident in Tauranga 21 years ago, when he took money from a client that should have been given to his employer.

He said the incident was covered by a confidentiality agreement: the tribunal said, in a strongly worded judgement, that it was misled.

Cr Acklin said he was not aware of the Tauranga incident when he gave his recommendation, but that he stood by what he wrote.

He believed Cr Guest had spent years pursued by people jealous of his achievements, especially of him becoming the youngest District Court judge in 1987.

"Goodness me, he has admitted his mistakes and he has paid the price time and again.

He's done the time, but he just hasn't been allowed to move on."Cr Colin Weatherall provided the strongest endorsement, writing he "sincerely believes to the best of my knowledge and information that Michael Guest can [be] describe[d] as a fit and proper person to practise law".

Yesterday, he said he did not know about the Tauranga revelation and that his endorsement "was my opinion, on what I knew, at that time".

"But let me say this. Now, in my opinion, Michael has driven through a stop sign and the consequences are now in his hands."

Mayor Peter Chin wrote that he had "no objection" to Cr Guest practising law.

Asked on Wednesday night whether his opinion changed after learning the tribunal said it had been misled, Mr Chin asked, "Why should it."Asked whether he still had "no objection", Mr Chin said the letter was his submission in the leadup to the hearing, that a decision had been made, and that "that is not for me to say - I didn't make the decision".

Cr Richard Walls told the tribunal he believed Cr Guest's talent, skills, wealth of experience and passion should be employed in law.

On Wednesday night, he said he wanted to hear the whole story before making judgement.

"We all make mistakes in life, but when we face up to them we deserve a second chance. I just feel that there is more to this, that there must be something going on backstage that has prompted all this."

Cr Neil Collins declined to comment. Cr Guest remained a very capable councillor but the judgement's release was "unfortunate this close to an election".

Cr Andrew Noone stood by the reference he wrote as it was clearly based on Cr Guest's attributes as a community-minded councillor, while Cr John Bezett was at a family bereavement and was unavailable.

Not the time to talk
Michael Guest began his campaign for re-election to the Dunedin City Council by refusing to be interviewed.

The Cargill ward councillor will stand in the new Central ward after he was nominated by Charles Forsyth and Ross White.

Cr Guest yesterday declined an interview, which he said came too soon after reports of his appearance before the Lawyers and Conveyancers Disciplinary Tribunal.

But in an interview on Tuesday, Cr Guest said he would concentrate on council work, writing and his family, rather than appeal the tribunal's decision to reaffirm a New Zealand Law Society decision not to issue him with a practising certificate.

 

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