Heather du Plessis-Allan: The judge who yelled at Winston should lose her job

One of the most surprising things about that judge allegedly yelling at Winston Peters in the Northern Club is that she is still in her job. 

I want to be clear; I don’t want her to lose her job over this, and I don’t even want to be seen to be calling for her head. 

I’m just pointing out that she should lose her job. 

Because what happened was actually quite serious. We are talking about a judge yelling, not denied, at the deputy Prime Minister, the second most senior politician in the country. 

She also accused him, again not denied, of lying in front of a room of people. 

Now, you flip that around and imagine it’s a senior minister doing the same, yelling at very senior judges and saying they’re lying in front of a room full of people. 

Tell me, does that minister keep their job? 

No way. They go. 

There’s no way that would be tolerated because no Government would want to be seen to tolerate that kind of behaviour, and it’s got to be the same for the judiciary. They cannot be seen to tolerate verbal attacks on ministers of Government. 

Particularly right now. Maybe a few years ago it wouldn't have mattered quite as much. 

But right now, there is actually considerable tension between the judiciary and the Government to the point it's actually boiling over at times. 

We’ve got courts and lawyers taking cracks at Parliament and that Parliament passing multiple laws to reign in judges. 

We’ve got accusations of the Waitangi Tribunal overreaching, Shane Jones making comments about so-called "activist judges" and there is a real concern that comity, which is the mutual respect between the two, is breaking down. 

This is so fundamental to a democracy likes ours working. 

It is so bad for the judiciary to be perceived to be this hostile towards the current Government. 

I can’t see how Ema Aitken keeps her job. 

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Episode Transcript

Speaker 1 (00:00):
Listen, I think one of the most surprising things about
that judge allegedly yelling at Winston Peters in the Northern
Club is that she still has her job. Now, look,
I want to be clear. I don't want this judge
to lose her job, and I don't even want to
be seen to be calling for the scalp in this case.
It's not what I'm doing. I'm just pointing out that
she should lose her job over this, because what happened

(00:20):
was actually quite serious. We are talking here about a
judge yelling, not denied by the way, by her yelling
at the Deputy Prime Minister, the second most senior politician
in this country, and accusing him. Also, this is not denied,
accusing him of lying in front of a group of people.
Now you flip that around and imagine it happened the
other way. It's a senior minister doing the same, a

(00:41):
senior minister yelling at a very senior judge and saying
they're lying in front of a room of people, and
tell me that that minister keeps their job. There is
no way on God's Earth that that minister keeps their job.
No way it would be tolerated because no government, no
Prime minister, would want to be seen to be tolerating
that kind of behavior. It's got to be the same
for the judiciary. The judiciary cannot be seen to tolerate

(01:03):
verbal attacks on ministers of government, and particularly right now.
I mean a few years ago, maybe it wouldn't have
mattered as much, maybe we would cut them awey bit
of slack. But right now there is actually considerable tension
between the judiciary and the government, to the point of
it actually boiling over at times. We have got courts
and lawyers taking cracks at Parliament. We've got Parliament passing
multiple laws to reign and judges. We've got accusations at

(01:26):
of the White Tonguey Tribunal overreaching. We've got Shane Jones
making comments about so called activist judges and stuff like that.
There is a real concern at the moment that committee,
which is the mutual respect between the two, is breaking down.
Commity is fundamental to a democracy like ours working. They
have to respect each other and they have to be
seen to be respecting each other. It is so bad

(01:46):
for the judiciary to be perceived to be this hostile
towards the current and government that I cannot see how
Emma Aikin keeps her job. For more from The Mic
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