Former cop denied admission to be a lawyer after failing to disclose inappropriate texts to 13-year-old

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A former policeman has had his application to be a lawyer dismissed. (FILE PHOTO)

A former policeman cleared of multiple sexual violation charges has had his application to the court to be admitted as a barrister dismissed.

Ethan James Brown was denied a certificate of character by the New Zealand Law Society (NZLS) after he was dishonest about engaging in inappropriate text messages with a 13-year-old. 

Brown appeared in the High Court at Auckland in front of Justice Ed Wylie last Monday where he argued his case.

In judgement released on Thursday, Justice Wylie said Brown had not satisfied him that he was a fit and proper person to be admitted as a barrister and solicitor of the Court and his application for admission was declined.

"In my judgment, there are justifiable concerns in this regard...Mr Brown has sought to downplay his prior inappropriate conduct...This suggests a lack of insight by him," Justice Wylie said. 

He said Brown had sought to deflect attention from his own conduct and he had not been as candid as he should have been with the Law Society.

"A reasonable conclusion can be drawn from the text messages exchanged with complainant 3 that Mr Brown has been less than honest about his knowledge of complainant 3's age to his employer, to the police in the two interviews, and to the Society in his affidavit."

Justice Wylie said a candidate for admission must be a person of integrity and trustworthiness, in his or her dealings with the public, with clients and with the institutions of the law, including this Court.

He said if Brown had been more open in his disclosures to the Public Defence Service where he was employed, the police and the Law Society, he would have been prepared to accept that his character had reformed and that he had put the frailties of his past behind him.

"However, I am not persuaded that Mr Brown has been as candid as he should have been in his disclosures, or that even yet he fully appreciates how inappropriate his conduct was in 2010.

"In my judgment, Mr Brown has sought to minimise the events of 2010. There is reason to doubt whether he has fully reformed and whether his earlier frailties in his dealings with young women are yet spent.

Last Monday the court heard how Brown began engaging in a "graphic sexual encounter" with a 13-year-old girl via text message.

Paul Collins, acting on behalf of the NZLS, said the society had concerns about Brown after he sent an email denying the relationship. 

He had continually denied engaging in text messages with a 13-year-old, saying he thought she was 16, Collins said. 

The society had concerns about Brown's denials, and he did not accept the seriousness of his actions, Collins said.

"It was essentially a sexual grooming encounter with someone [Brown] knew to be 13," he said.

However, Brown said he did not accept that he had been untrue or dishonest.

"My recollection is that she told me in person that she was 16. After reading those text messages I must have known."

Brown and the 13-year-old engaged in text messages after meeting in person.

Most of the details of the text messages are suppressed.

In court, Brown said he had changed since the incident.

"I am 27 years old now, I am not 19 and I am disgusted in myself but there is a big difference now between the 27-year-old and the 19-year-old that I was."

Collins said the NZLS had a legitimate expectation when dealing with a person applying for a certificate of character.

He said Brown did not disclose a disciplinary matter with the police in an email sent to the NZLS, rather stating it was an employment investigation.

The NZLS had more of a concern about Brown's dishonesty in regards to the sexual encounters than his fitness as a lawyer, Collins said.

A certificate of character certifies an individual is a fit and proper person to be admitted as a barrister and solicitor.

"The lack of probity shows a lack of insight into the events and shows him to still be an unreliable person in this area."

Brown said he was aware of the severity of what he went through before he handed in his resignation to the police.

He told the court he was ashamed of his behaviour.

"I'm not a predator," Brown said. 

Peter Davey, acting on behalf of Brown, argued he was a person that was fit and proper for admission as a barrister.