Disgraced lawyer Davina Murray has failed in her attempt to be discharged without conviction for smuggling contraband to a high-security prisoner, instead being sentenced to 50 hours of community service.
Judge Russell Collins discounted an original sentence of 100 hours because it was Murray's first conviction. The maximum penalty was three months' imprisonment.
Murray was found guilty in August of smuggling an iPhone, cigarettes and a lighter to convicted rapist and murderer Liam Reid, while visiting him in Mt Eden Prison on October 7, 2011.
Murray was due to be sentenced last month, but the date was pushed forward after Murray's lawyer, Peter Williams QC, submitted a last-minute report to Judge Collins.
Details of the report remain suppressed, but Mr Williams said Murray should "not be prejudiced" by her conduct during her defended hearing, due to the "immense emotional pressured" she faced at the time and the fact she could not afford a lawyer.
Murray is currently on a sickness benefit and has been removed from the register of lawyers by the New Zealand Law Society.
Mr Williams told the Auckland District Court of how Murray was "raised in poverty" by a solo parent and had worked hard to complete a Bachelor of Arts and a Bachelor of Law while working full-time.
Several character references were read to the court, which included support from Maori Party co-leader Tariana Turia, prison inmate Arthur Taylor and politician John Tamihere.
Ms Turia said Murray struck her "as being an honest character", while Murray's mother said she was proud of her daughter when she graduated from university.
Mr Williams said it was Murray's "generosity that has brought about her current predicament" and "she is a very good person".
Mr Williams said Reid may have "dominated" Murray and there was a "certain amount of manipulation" going on at the time of the offending.
Murray was Reid's pro-bono lawyer for over three years, but evidence submitted by the Crown during her defended hearing suggested she was in love with him.
At today's sentencing the Crown said the offence was premeditated and Murray introduced items which had the potential to cause damage within the prison system.
Judge Collins said cellphones in prisons "can also have very serious consequences".
During Murray's defended hearing she falsely accused two prison guards of planting the contraband on Reid.
Judge Collins today said he was "not able to grant a discharge" because of this.
"Ms Murray sat silent as Mr Reid falsely accused two prison officers," he said.
Auckland Prison manager Thomas Sherlock said in a letter to the court that Murray's offending breached the trust between the legal profession and the prison.
"I trusted Ms Murray and so did my staff," he said.
Lawyers visiting clients in the prison are now separated by a screen so contraband cannot be smuggled in.
Murray has been ordered to pay more than $63,000 in costs to police, the Department of Corrections and prison operators Serco.
Murray had always denied the charges, but changed her plea to guilty last month.
Mr Williams said Murray acted "wrongly and foolishly, but out of the goodness of her heart".
3 News
source: newshub archive
