Judge, celebrity doctor apologise for ‘verbally attacking’ Winston Peters at Christmas party

Wednesday, 18 December 2024

A district court judge and her reality TV star partner have apologised for “verbally attacking” Winston Peters, Casey Costello and other New Zealand First members at a Christmas party.

Chief Judge Heemi Taumaunu has also apologised on behalf of the court.

Judge Ema Aitken and intensive care specialist David Galler were attending an end-of-year bash for district judges at Auckland’s exclusive Northern Club last month, when they gate-crashed a private function for Peters’ party in a neighbouring room.

The rumpus started as Peters was making a speech. It’s alleged Aitken tried to enter the room and shouted: “He’s lying! How can you let him say that?”

Galler is accused of blocking Peters’ exit as he left the event, and saying: “You’re doing a shit job in government,” and verbally attacking Costello and party secretary Holly Howard.

It’s also alleged Galler asked a staff member, of Indian heritage: “Since when did we start allowing Indians to enter this club?”

In a statement to The Post, Galler said it was a “totally false assertion that comments I made that evening were racist or intended to be racist. I unequivocally reject any suggestion to that effect”.

He also said his reported remarks to Peters were inaccurate “and at no stage did I block his exit from the function room”.

“However, I do acknowledge that to have made any remarks to him there and then, was ill judged,” he said.

Galler confirmed he did approach Costello to ask about her repeal of smokefree legislation. “The health impact of that decision weighs heavily on me, most health professionals and the public. However, I do acknowledge it was not the time or place to approach her about that issue,” he said.

A video clip from the party also shows prominent barrister, Michael Reed KC, refusing to stop taking photographs of NZ First guests, including Shane Jones’ wife Dot, despite strict club rules.

Attorney-General Judith Collins, who is the Crown’s senior law officer, said she was aware of the incident and “appalled by it”.

“I have told the Chief Justice that such behaviour is completely unacceptable and I expect it to be addressed,” she said.

“I have passed on to New Zealand First that what they experienced is completely unacceptable.

“I will also be writing to the Northern Club to convey that remarks based on ethnicity are completely unacceptable to me.”

Judge Taumaunu did not answer questions about what sanctions Judge Aitken could face, if any.

In a statement, he said: “I have spoken with Judge Aitken about a function held at the Northern Club. The Judge accepts that her behaviour on this occasion was inappropriate and rude and has subsequently apologised to New Zealand First and to the Northern Club.

“Although I have not received any complaints, I have taken the proactive and unusual step of apologising unreservedly to New Zealand First on behalf of the District Court of New Zealand.

“I have also made it clear to Judge Aitken that this was a regrettable, unfortunate, and unacceptable series of events which she accepts.”

Judge Taumaunu’s letter of apology was written almost three weeks after the party, and was accompanied by the note from Aitken.

Galler provided The Post with his letter to the club offering a “fulsome and sincere apology for my part in creating a disruption” and “for the obvious embarrassment, trouble and upset I have caused you and members of your hard-working staff”.

He said it was a “totally inappropriate time and place for me to engage with and make challenging remarks to other guests of the club”.

“…Worse still, I understand that one member of your staff felt insulted and hurt by remarks I made which he interpreted as racist.”

Galler said his behaviour was inappropriate and apologised “wholeheartedly for how I left that young man feeling”.

“He behaved throughout with decorum and showed me more patience than I deserved.

“I want to be clear about the comments I made, I was commenting on the club's historical policy of excluding many people on grounds of religion (which would have included me), ethnicity and gender.” (Galler is the son of Polish Jewish refugees.)

He offered to apologise in person.

“My behaviour that evening was inappropriate and wrong and I regret it,” he said.

Northern Club chief executive Michael Shah declined to comment.

A spokesperson for NZ First said on Tuesday the party “won’t be making any comment at this time”.

Judge Aitken is a former criminal barrister and was sworn in as a judge in 2007. She was one of two judges who established the Alcohol and Other Drug Treatment court, more than a decade ago.

Galler appeared on 1990s reality TV show Middlemore, filmed at the South Auckland hospital, and was known for his eye-catching shirts.

His best-selling memoir Things That Matter: Stories of Life and Death was published in 2016. Galler was once principal medical advisor to the director general and ministers of health.

A board member of Health Coalition Aotearoa, he wrote an opinion piece in September 2024 critical of Costello’s repeal of smokefree legislation.

‘You’re doing a shit job in government’

The party for district court judges and their guests took place on November 22, in the club’s formal members' dining room.

It was organised by Judge Belinda Sellars KC and sponsored by her partner, Northern Club member Judge Stephen Bonnar KC.

NZ First’s function was taking place in the nearby Wintergarden Room.

According to an incident report, compiled by an independent lawyer acting on behalf of Northern Club and NZ First, based on witness statements, Aitken left the dinner to use the bathroom and heard Peters’ speech as she passed.

The report says she accused Peters of lying, in a comment to Holly Howard, who asked her to leave.

“However, Judge Aitken continued to shout and make a scene … Judge Aitken then told Ms Howard that there was a room full of judges next door, and they would be very interested to hear about this,” the incident report said.

Aitken left but, worried she would return, Howard remained in the foyer.

Galler arrived soon after and stood outside the function room for 20 minutes, the report said.

As Peters left, Galler “blocked his exit” and told him the coalition government was doing a “shit job” and “words to the effect that the problems of this country are his fault for going with Labour previously,” the report said.

Galler has previously hosted a fundraiser for Labour MP Camilla Belich in 2020.

NZ First’s chief of staff and former MP Darroch Ball intervened and escorted Peters from the club.

“When Mr Ball returned … he found Dr Galler verbally attacking Ms Costello, who was alone at the time,” the report said.

Galler then tried to follow Ball and Costello, but his path was physically blocked by Howard, who the doctor then verbally attacked, the report said.

Later in the evening, two staff members, who The Post has chosen not to name, identified Galler as causing the disturbance.

One approached and asked for his name. Galler refused, and the staff member recollects he said: “This is a place that used to be quite sophisticated. Since when did we start allowing Indians to enter the club.”

Another passing staff member believed she heard him say: “Since when did we start hiring Indians at the club,” the report quoted.

‘I’m a member of the Wellington Club’

As the NZ First event ended, Wellington-based barrister Michael Reed KC, who once headed David Bain’s legal team, arrived at the Wintergarden room, the report states.

Holly Howard told him it was a private function and asked him to leave.

“Mr Reed said he was a member of the club and had every right to be there,” the incident report said. “Mr Reed became increasingly agitated and disruptive, especially at being blocked from going further into the room.”

Howard asked staff to get a manager. Staff reported hearing shouting from the area.

Reed refused staff requests to leave, but lowered his voice and took out his cell phone, according to the report.

“Mr Reed appeared to photograph the various people asking him to leave,” the report said.

Dot Jones began recording a video using her phone. There are two video clips of the incident, but it’s not clear if these were shot by Jones.

In the first video, seen by The Post, Reed is told he cannot photograph people in the club. “I’m a member of the Wellington Club and I have rights to here,” he told the staff member. “You’re not right,” he adds.

In the second video, the report reveals, Reed tells the staff member: “Don’t touch me because you will be sued for a lot of money.” He also tells him “Can you be quiet, can you be quiet?”

Reed did not respond to requests for comment.