Writer challenges law chief

The author of a controversial book - banned for nearly four years - has asked serious questions about statements Solicitor-General David Collins, QC, made on the extent of his involvement in its publication.
View video: Contempt controversy

Statements by Dr Collins - head of the Crown Law Office - conflict with statements by the author of the book Broken Silence, Horowhenua District Council member Anne Hunt.

The conflict centres on whether Dr Collins legally assessed parts of the book's manuscript before it was published. Mrs Hunt claims he did and alleges Dr Collins denied the extent of his involvement when she was sued after the book was published.

She told the High Court that a draft brief of evidence by Dr Collins left her unsure whether she could rely on his evidence to support her defence.

In a "without prejudice" brief, Dr Collins said he made some notes on the manuscript but did not legally assess it or advise Mrs Hunt on legal issues associated with the book. He stressed it was a draft brief and he had not seen all the case documents.

The book's manuscript has Dr Collins' handwriting on page after page with suggestions, deletions and comments.

His handwritten notes include corrections designed to prevent breaches of suppression orders and crossing out a section dealing with a confidential settlement conference. The book is about a former client of Dr Collins who has name suppression and who accused her therapist of sexually abusing her. He was acquitted and granted name suppression.

Dr Collins asked Mrs Hunt if she was interested in writing the book which also features legal battles he fought for his client after the criminal case.

While writing it Mrs Hunt and the client argued over some of the content and Dr Collins told them he could not act for two clients in dispute nor legally vet the book as he earlier agreed to do.

Mrs Hunt said five months before the book was published she intended abandoning the project and asked Dr Collins to destroy a manuscript she had sent him.

Dr Collins replied saying he was concerned the project had ``grounded'' and he suggested they meet to discuss issues concerning her.

Mrs Hunt said she then telephoned to remind him the book could not be published unless he assessed it and claims he agreed to do so. They met on March 3, 2003, but are at loggerheads over the purpose and outcome of that meeting.

Dr Collins said it was to mediate the dispute between Mrs Hunt and his client and remind him of matters to discuss with Mrs Hunt in case the dispute was resolved. He said the meeting was not held to provide legal advice.

Mrs Hunt said she had already told Dr Collins the idea of him mediating was ``offensive''.

She said none of the handwritten notes Dr Collins made on 41 pages of the manuscript related to the dispute she had with his client.

She said Dr Collins gave her advice on how to change the manuscript to avoid breaching court orders and confidentiality and his notes ``were directed at relieving legal risk''.

``I made all the changes Dr Collins had indicated ... to be absolutely sure, on 7 March, 2003, I faxed Dr Collins telling him that I had made the changes he suggested and was attaching the significant ones in case they required further adjustment,'' Mrs Hunt said.

Dr Collins faxed Mrs Hunt on March 10 to say his primary concern in relation to litigation was that [the client] may want to issue an injunction for breach of contract. After publishing "Broken Silence", Mrs Hunt was successfully sued by the therapist for being in contempt of court. The book was banned by the High Court till Mrs Hunt won an appeal.

The contempt allegation related to the book revealing details of a confidential settlement between the therapist and Dr Collins' client.

Dr Collins declined to be interviewed by The Dominion Post.

- © Fairfax NZ News