Bar Association president to go on ‘leave’ pending resolution of complaints against him

The Law Society said Fraser Barton would temporarily step down as president of the organisation pending the resolution of the complaint against him.

A formal complaint was made against Barton after the royal commission’s report noted he had advised a church group to destroy records of children in its care.

The complaint was filed by Sam Benton, a partner at Cooper Legal, a law firm that has represented abuse survivors since the 1990s.

The Royal Commission into Child Abuse reported that Fraser Barton, President of the Law Society The director of the Otago Presbyterian Support Centre has been advised to destroy records of all children and young people in his or her care.

The inquiry into abuse at the Otago Presbyterian Support Centre was “particularly difficult” because the organisation destroyed its records in late 2017 and 2018, the commission said.

The report said the then chief executive of the Otago Presbyterian Support Group, Gillian Bremner, directed a staff member to destroy all records – except for a register of names and dates.

Bremner told the inquiry she received advice about destroying the records from Fraser Barton, a lawyer and former chair of the Presbyterian Support Otago Committee.

A statement from the Law Society said Barton informed the board and council on Friday that he would be on leave pending the resolution of the complaint.

“Mr Barton holds the Law Society’s work and role in high regard and does not wish to be distracted by the continued public attention paid to his previous management role at the Otago Presbyterian Support Centre,” the statement said.

In the meantime, his responsibilities will be delegated to other board members, the company said.

Benton said his complaint against Barton was “about his involvement in providing advice to the Otago Presbyterian Support Group which in fact related to the destruction of medical records at a time when the Royal Commission was about to be announced”.

“My main concern is that the act of providing this advice could damage the reputation of the profession and ultimately breach the code of conduct.”

Benton said he was surprised that a senior lawyer was offering advice on the matter, “and that’s what worries me the most.”

He said there was a mandatory reporting obligation if a member of the Bar suspected misconduct.

“So I just say, look, I don’t know what’s going on here, and I’m not the one to make that judgment, but there’s enough information here that I think you guys need to take a look at it.”

He said the royal commission’s report said Fraser Barton was chair of the Presbyterian Support Otago Committee at the time of the complaint.

“I don’t know if he’s still advising the board in an informal capacity, but he’s certainly been involved in some significant matters before,” Benton said.

Patton told Morning Report He was not aware of the potential for investigations into abusive care practices in 2017 and 2018, so those records were crucial.

“My advice is to destroy them when the time is right, not to destroy them now,” he said.

The report states Patton’s suggestion was made verbally, but Benton said he wondered if it was put in writing, which would be a very basic step, especially when talking about destroying any documents.

“He (Barton) should have been aware of the previous claims against the organisation and the claims made by our company at the time.

“He should be very careful about what he says and should write it down even if it is initially said verbally.”

Benton said he didn’t know if it was in writing, but it was basic practice for a lawyer to document anything that might raise questions when giving advice.

“So hopefully he’ll take note of that advice, but you know, on the surface, it does raise … enough concerns for me to think that in my mind it might warrant a complaint.”

Benton said he has heard from other attorneys who believe Barton should be stripped of his current position as president of the bar association.

Benton said he was unwilling to suggest his resignation was necessary before the investigation was completed.

But he said if the investigation showed Barton knew the royal commission was coming then Barton “should definitely think seriously about his future at the New Zealand Bar”.

He said the destruction of records was not unusual, but what was unusual was the timing of the destruction by the Otago Presbyterian Support Centre.

Benton said police are looking through the entire report for any information that could lead to an investigation.

Calls for police investigation

Police are being called upon to investigate why the Otago Presbyterian Support Group deliberately destroyed 27 years of records on children in its care.

These were not the only records lost while the children were in care – some survivors were told their records were accidentally destroyed in fires or floods.

Prime Minister Christopher Luxon said it was wrong to destroy the records.

“That doesn’t sound good, that doesn’t sound right, that doesn’t sound like what we’re asking the church to do. We hold them accountable, and we expect them to take full responsibility for the abuse that they’ve caused.”

He said churches need to take their own responsibility and provide records.

“We want to make sure survivors have access to those records. There are 138 recommendations in the report and we are implementing all of them.”

Attorney General Judith Collins issued a warning: All state and religious institutions are reminded that they have a legal obligation to keep records relevant to the safety and well-being of those in their care.

Massey University professor emeritus of history Peter Lineham said the deliberate destruction of records should be investigated.

“The deliberate destruction of records following an investigation into abuse is, in my opinion, an act of deliberate sabotage with potential legal and financial implications.”

Lineham said the police investigation would serve as a warning to all religious institutions.

“We need to send a salutary warning to all organisations about this mentality of protecting themselves at the expense of victims. Not dealing with this issue sends the message that you can get away with it.”

Liz Tonks, of the New Zealand Network of Survivors of Abuse in Religious Institutions, said it was not uncommon for records of children in religious nursing homes to go missing.

“We have a lot of information where they say these records don’t exist or have been destroyed, but it’s hard to find evidence to prove they exist. It’s also hard to prove they were destroyed. In this case, we’re lucky to have evidence available.”

Tonks said these records must not be destroyed because survivors need them to seek redress and future generations need to be able to research and understand their history.

“It is not appropriate to destroy the records. They absolutely need to be preserved.”