Lawyer Sue Gray was released from custody after being accused of contempt of court

Sue Gray in court in July 2019.
Photos: RNZ / Michael Cropp

Prominent anti-vaccination lawyer Sue Gray has been released from custody in Nelson after earlier being stood down by a judge for contempt of court.

Last week, Gray represented the parents of Baby W in the High Court as they fought to use unvaccinated blood during their child’s heart surgery.

At a hearing in the Nelson District Court this afternoon, Judge Tony Zohrab said Gray was taken into custody for disruptive behavior at an earlier court appearance for Golden Bay man, Mad Cafe owner Kelvin McKenney, also known as NgAng.

It is understood McKenney was representing himself in a judge alone trial on charges relating to an alcohol license for his cafe.

By way of explanation, Gray told Judge Zohrab while McKenney had obtained some legal advice on the recommendation of the court, he had some difficulty understanding it and the court processes.

“In my analogy sir it is somewhat like a Russian person speaking to a Chinese person in that they don’t understand each other.”

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Sue Gray (centre), who is also an anti-vaccine campaigner, outside the Nelson District Court with Kelvin McKenney (left wearing hat) who she said she was supporting.
Photos: RNZ / Samantha Gee

Gray said she was trying to raise issues about McKenney’s case with the judge when she was removed from the court.

“I’m sorry your honor if it caused offense to you or if it disturbed your thinking in any way, I appreciate and empathize with Your Honor, the situation in court is difficult sometimes, but I was pleased to act in accordance with my duties to the court and putting forward what I could do in the circumstances for this defendant.”

Judge Zohrab questioned what Gray was apologizing for and she said she was shaken and had been sitting in a custody freezing for several hours.

“I don’t know what I am apologizing for to be honest Your Honor sir, but any inconvenience to anybody that was caused by what happened today.”

Judge Zohrab told Gray she was not acting for McKenney and had continued talking over him and arguing with him.

“I told you I didn’t need to hear from you on those points, I told you in simple language politely, that I didn’t need to hear from you on those points and you continued on.”

When he stood her down in custody, Judge Zohrab said McKenney’s 40 or so supporters erupted into what was “virtually a riot”.

“You demonstrated a lack of professional judgment in the manner in which you dealt with matters today and arguably those matters bear on the issue of your fitness to practice as a lawyer.”

Judge Zohrab referred the audio and video recordings and a transcript of the submissions to the Law Society for consideration of whether it raised issues of professional conduct.

He said given the period of time spent in custody and the referral to the Law Society, he saw no reason to take further action under the Contempt of Court Act.