Judge Ema Aitken must have known who she was yelling at, NZ First MP Casey Costello says

Source: Radio New Zealand

A gudge accused of disrupting an NZ First event must have known who she was yelling at, a party members says.

Judge Ema Aitken is before a Judicial Conduct Panel accused of disrupting the event at Auckland’s Northern Club, yelling at party leader Winston Peters, calling him a liar, and saying comments he made were disgusting.

The judge argues she did not shout, did not recognise Peters’ voice when she responded to remarks she overheard, and did not know it was a political event.

Appearing on Thursday morning, NZ First MP Casey Costello gave evidence about the night.

She was not appearing as a government Minister, Jonathan Orpin-Dowell, who is assisting Special Counsel for the hearing, said.

Costello recalled being at her table when she heard someone yelling. She assumed they were yelling at her.

“Whatever she was saying, it was loud enough for me to hear and take notice of her,” she said.

“If it had only been in a normal speaking tone, I would not have heard the comments at that distance or taken any notice.”

Costello said the judge must have known who she was yelling at.

“From my observation of the events, the judge must have known that it was Winston Peters who was speaking,” she said.

“Mr Peters has, I believe, a distinctive voice, and had been speaking for some time when the judge began yelling.”

She said the judge would have also been able to see Peters through the doorway when she first came down the stairs.

Costello described another incident from the evening where she encountered who she later learnt was Judge Aitken’s husband, Dr David Galler.

Costello said Galler had confronted her, blocking her way and calling her despicable.

“He said ‘you are despicable, I hope you’re ashamed of yourself, you disgust me’,” she said.

Costello could tell the man was drunk by smell and described the altercation as particularly hostile.

“I asked the man why he had that opinion of me, he replied ‘you are responsible for killing hundreds of people, you should be proud’,” she said.

Galler went on to make other comments about Costello paying dues to the tabacco industry, and said she had no medical knowledge.

Costello had faced scrutiny earlier that year for rolling back smokefree laws and giving health officials a document that claimed “nicotine is as harmful as caffeine” and argued Labour’s smokefree generation policy was “nanny state nonsense”.

She said she had made a note in her diary about the evening’s disruptions but particularly about what had happened with Dr Galler.

“As a politician, whenever I have a public interaction with someone who is difficult, I tend to take a note of the interaction at the time, so I have a record of reference should it be needed.”

Judge Aitken’s lawyer David Jones KC cross-examined Costello, questioning whether the judge had in fact directed comments to her.

Judges called as witnesses

Thursday morning began with lead panellist Brendan Brown KC issuing a minute requesting other judges give evidence before the panel.

It comes after Special Counsel for the Inquiry requested the panel ask other District Court judges to give evidence.

KC requested District Court judges David McNaughton and Pippa Sinclair to appear and give evidence.

Those called had been among the people sitting at Judge Aitken’s table at a function of District Court judges that had brought her to the Northern Club that night.

Special Counsel Tim Stephens KC had told the panel earlier in the week some of the Judges and their partners who sat at Judge Aitken’s table may have relevant evidence to give.

Brown KC also indicated he would also call Judge Sinclair’s partner to give evidence, as well as the partner of another judge present.

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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand