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The conflict of issue perception between the Judge handling the shoplifting charges against former Greens MP Golriz Ghahraman continue to concern many who observe the case, including a leading KC who emphasised the need for actual and perceived impartiality on the part of the parties hearing the case.
Ghahraman appeared in court last week where it was revealed that the presiding judge, Judge Maria Pecotic, who granted her bail until the sentencing scheduled for June 24, had previously worked with Ghahraman in her legal career.
The two worked on a Court of Appeal case in 2016 and two years later, apart from any other cases where they worked together.
Judge Pecotic was appointed to the District Court bench in 2021 after an extensive career as a criminal barrister. She founded Verus Chambers in 2012 having previously been based at Greenlane East Chambers and specialised in criminal and youth matters. She had been an executive member of the Criminal Bar Association, a member of the Bar Association Criminal Committee, as well as a present member of the NZLS Standards Committee and the NZLS Youth Justice Committee.
Conflict and perception issues would be top of mind for the Judge, one might think.
The District Court Recusal Guidelines says “The guiding principle is that a judge is disqualified from sitting if in the circumstances there is a real possibility that in the eyes of a fair-minded and fully informed observer the judge might not be impartial in reaching a decision in the case.”
Marie Dyhrberg KC, a criminal barrister and former president of the Auckland District Law Society, commented to 1News that the judge would have been acutely aware of the importance of maintaining impartiality, both in reality and in perception.
Potential conflicts of interest can arise, prompting scrutiny from both legal representatives and the judiciary. The District Court Recusal Guidelines emphasize the necessity for judges to recuse themselves if there’s a genuine risk, in the eyes of a fair-minded observer, that impartiality might be compromised.
A spokesperson for the Chief District Court Judge’s office confirmed that no concerns about perceived bias were raised in this instance. They stated that all procedures were followed appropriately without any deviation from standard protocols.
The topic was hot news on Twitter (X) all day Thursday and Philip Crump (right) lawyer and commentator from Newstalk ZB Plus and a LawFuel Power List entrant published a lengthy story on the matter late on Thursday afternoon, seeking comment from the Chief District Court Judge who announced that there was “no perceived conflict”.
Originally slated for March 20, the hearing was rescheduled to March 13 following a joint request from the involved parties for guilty pleas to be entered.
Ghahraman, who previously held the position of justice spokesperson for the Green Party, admitted to four counts of shoplifting involving approximately $9000 worth of merchandise from three different clothing stores.
The charges stem from separate incidents at Scotties Boutique in Ponsonby, Standard Issue in Newmarket, and Cre8tiveworx in Wellington. Items taken included clothing and accessories ranging from a black Zambesi shirt valued at $695 to a black Row calanthe dress worth $4500.
In a statement released earlier, Ghahraman, who resigned from Parliament in January, expressed remorse for her actions and attributed them to extreme stress compounded by previously unrecognized trauma. She stated her intention to seek support from mental health professionals, acknowledging that her behavior was uncharacteristic.
