Umar Kuddus’ jaunt through what he labelled "Checkpoint Charlie" occurred just days after two lawyers, one the son of a judge, drew the public’s ire after fleeing to Wānaka for a holiday while the rest of the city was in a level four lockdown.
"Promise I’m not flying to Wānaka," Kuddus captioned one selfie from his driver’s seat during his journey in September 2021 from the southern border to the freedom of Waikato’s level two restrictions to attend a financial assessment hearing for a client.
He did not have a work exemption, nor did he have a personal exemption to cross the boundary.
In one social media post during his excursion, Kuddus uploaded a photo of himself driving towards the police’s border control at Mercer and wrote: "Auckland’s version of Checkpoint Charlie," which was the most infamous crossing point on the Berlin Wall during the Cold War.
Kuddus was convicted of failing to comply with a Covid-19 order in the Pukekohe District Court in July last year and ordered to pay a $900 fine.
By way of explanation Kuddus said he’d been "trapped at home for so long" and felt unable to do what he loved - litigate.
At the hearing, Judge John McDonald, however, told him others in the community "missed out on far more important events" and the "vast majority of New Zealanders abided by the rules".
Despite the judge noting at last year’s sentencing that it was "highly unlikely" the Law Society would seek Kuddus be struck from the roll of barristers and solicitors, on Friday a suspension was sought at a hearing before the Lawyers and Conveyancers Disciplinary Tribunal.
Kuddus accepted the charge of misconduct at the hearing in Auckland and was suspended for six weeks, censured and ordered to pay costs which are yet to be set.
"I am remorseful ... and ashamed because I realise that as lawyers we have a fundamental duty to uphold the law," Kuddus said, pausing often to wipe away tears.
"I felt that I was acting in accordance with the law, obviously I wasn’t, I accept that now.
"There’s no one else to blame but me."
The tribunal asked him why he would travel to Hamilton for a "relatively modest matter".
"Because we were in lockdown for so long ... I thought I could go to court," Kuddus said.
"Had you had enough of lockdown? You weren’t the only one," the panel member replied.
Kuddus was also asked about his social media posts which thoroughly documented his offending.
"In hindsight, it was absolutely ridiculous of me to post such a thing," he said.
"I just wish I could take it back."
Kuddus gave evidence that he had already been demoted at work, kicked off the board of trustees for a charity and if he was suspended would likely lose his job altogether.
"He abused the privilege and the trust given to lawyers," she said.
"His offending involved a sustained amount of dishonesty, to the police constable at the border, to the court staff and to his fellow practitioners who questioned why he was travelling.
"Further he chose to document his crossing on social media."
The tribunal took roughly half an hour to order Kuddus to be censured and suspended for a period of six weeks commencing at the end of October.
"We would like Mr Kuddus to be able to continue in employment but we do not see that in the overall circumstances of this matter that we can avoid a period of suspension," tribunal chairman John Adams said.
"We hope his employment can survive that but that’s beyond our control."
The tribunal will issue its full written decision in due course.
By Jeremy Wilkinson
