Ministry of Justice v Dooley DC Christchurch CRI-2010-009-15211 [2011] NZDC 615 (3 May 2011)

Last Updated: 30 September 2016

IN THE DISTRICT COURT AT CHRISTCHURCH

_{CRI-2010-009-015211}

MINISTRY OF JUSTICE

Informant

v

DAVID ALLAN DOOLEY

_Defendant

Hearing: 3 May 2011

Appearances: B Skea for the Informant

C Fletcher for the Defendant

Judgment: 3 May 2011

_{NOTES OF JUDGE M A CROSBIE ON SENTENCING}

THE COURT:

Have you seen Mr Dooley?

MR FLETCHER:

Yes sir I have sir.

THE COURT:

Can we get him in?

MR FLETCHER:

Mr Dooley, was asking if he could have a copy of his –

THE COURT:

_{X-rays back.}

MINISTRY OF JUSTICE V DOOLEY DC CHCH CRI-2010-009-015211 3 May 2011

MR FLETCHER:

And the x-rays back sir.

THE COURT:

We might take copies of the letter and he can have them back, not the x-rays.

Mr Fletcher, just clarify for the record that Mr Dooley has been brought back to Court. When he left the Court he mounted something as a tirade. We were discussing counsel, in particular Ms Bulger Mr Dooley having heard my decision decided that he would disburse to Ms Bulger as a “Hopeless cunt just like you you prick” directed at me. Those were the words exactly as I have written them down. I record that I asked you to see Mr Dooley and give him advice in terms of the Court’s power to hold a hearing in relation to his contempt to the Court. You tell me that you have done that and just to make it clear the Court has the power to punish a defendant for contempt in the face of the Court and this of course a Courtroom today so the first thing I need to state is I find Mr Dooley’s words and conduct particularly in the course of an extended conversation that we had to be grossly offensive, not offensive simply to the Court but offensive to everyone who was in the Court.

MR FLETCHER:

As requested it was explained to Mr Dooley the situation. He sir wishes to make a public apology and apology directly to yourself if you will take it directly from him or through counsel sir.

THE COURT:

Yes Mr Dooley what do you want to say?

MR DOOLEY:

I am sorry sir. I just got a bit frustrated. Judge Erber told me last week that if the request was fine I would be out pretty much so I got my hopes up and I sort of you know, I have been trying to get rid of this for so long because she doesn’t ring (inaudible) building up frustration and, yeah, I’m sorry (inaudible) what’s gone on in here.

THE COURT:

[1] Mr Dooley, I received an indication from one of the duty solicitors at the back of the Court that there was no such indication from Judge Erber. There is nothing on the file and indeed what the Judge did not have before him was the entire file.

[2] I dealt with you earlier. I gave you a very, very long piece of rope today and you told me just about everything that you could and you tied that rope in a series of knots. Having said that one of the benefits of sitting out here is that it is a pretty calm environment and you were given an opportunity to talk.

[3] You might be surprised Mr Dooley. I sit out here quite a lot on the parole board and I sit in Courtrooms a lot as a Judge now for 10 years and despite what some people might think I think it would only be about 10 occasions over 10 years that I have held contempt hearings. No more than that. But I have to say this in the context of the way your hearing was going and our discussions your behaviour was unacceptable. It was offensive but it really indicated to me perhaps it is the person that you are. There is no room whatsoever for that sort of conduct, that sort of language to be directed to a Court, to a Judge, so in terms of your apology I note it. I do not accept it. I do not believe it is genuine. I think the comments that you threw at the Court are a true indication of where you sit in these things. The Court has the power to punish a contempt using a range of options including up to three months’ imprisonment. What I propose to do in respect of you is to punish you for that contempt by sentencing you to one month’s imprisonment totally separate to your remand time.

M A Crosbie

District Court Judge