Under-fire judge’s explanation about Winston Peters interruption

Saturday, 21 December 2024

Clockwise, from top left: Judge Ema Aitken, Winston Peters, Judge Heemi Taumaunu, Michael Reed KC, David Galler

Under-fire judge Ema Aitken claimed she was unaware deputy prime minister Winston Peters was speaking when she gatecrashed a NZ First fundraiser and made “rude, uncalled for and inappropriate comments”.

This week the Judicial Conduct Commissioner Alan Ritchie pro-actively launched a “preliminary examination” into Judge Aitken’s conduct after The Post revealed details of the incident at Auckland’s exclusive Northern Club in November.

In an apology letter to the party, dated December 10, Aitken said she wished to clarify “one matter.”

“I did not realise that it was the deputy prime minister who was speaking when I made these comments, or that the event was a NZ First function,” she wrote.

The district court judge went on: “My intrusion would have been inappropriate at any event, but at an event such as this, it is all the more regrettable.” She admitted her comments were “rude, uncalled for and inappropriate”.

The Post can also reveal Aitken retired this year when she reached 70, as required by law.

She was reappointed for two years on an acting warrant, which entitles her to be paid at a daily rate.

A video clip shows prominent barrister, Michael Reed KC, refusing to stop taking photographs of NZ First guests despite strict club rules.

A spokesperson for Chief District Court Judge Heemi Taumaunu could not say what that remuneration was because “the subject matter experts have left the building” ahead of Christmas holidays.

Judge Aitken and her partner, intensive care specialist David Galler, had apologised for “verbally attacking” Peters, Casey Costello and other New Zealand First members at an end-of-year function at the Northern Club on November 22.

Taumaunu also apologised on behalf of the court.

The exclusive private members club was simultaneously the venue for an end-of-year dinner for judges and their partners, which was held partly to thank Aitken for her contribution to the law and courts.

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.

According to an incident report compiled by barrister Fletcher Pilditch, it was alleged Aitken tried to enter the political gathering and yelled, as Peters spoke: “He’s lying! How can you let him say that?”

In her letter, on District Court letterhead, Aitken apologised “unreservedly” for “the disruption I caused to your function.”

The report stated Galler was accused of blocking Peters’ exit from the event, and saying: “You’re doing a shit job in government,” and “verbally attacking” Casey Costello and party secretary Holly Howard.

Auckland judge Ema Aitken admits her comments were “rude, uncalled for and inappropriate.”

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

Galler said he “unequivocally rejected” that any of his comments were racist, “and at no stage did I block his exit from the function room,” in a statement to The Post.

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

He provided his apology to the club which said: “I want to be clear … 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.)

Galler, who has hosted Labour party fundraisers, confirmed he approached Costello to ask about her repeal of smokefree legislation.

A video clip from the party also shows prominent barrister, Michael Reed KC, refusing to stop taking photographs of NZ First guests, despite strict club rules and being asked.

Reed has not commented. Peters was reluctant to comment but earlier in the week said he was looking at his legal options.

Attorney-General Judith Collins has also written to Ritchie to express her disgust.

“I’m actually really disgusted about what’s happened, and I don’t think it’s the sort of behaviour that I want to see in the judiciary,” she told reporters.

The country’s top legal officer, she also called Reed’s behaviour appalling.

“I’d never appoint someone like that to be a KC if I knew about behaviour like that… I’ve had a look at what the rules are, and I haven’t seen any ability for me to [strip Reed of his KC title], but maybe I’ll keep looking,” she said.