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SCMP Reporter

The Director of Public Prosecutions apologised to District Court Judge Chua Fi-lan yesterday for barrister Roderick Murray's 'bizarre behaviour' at a hearing on Monday.

Grenville Cross SC made the apology after Mr Murray's antics caused Monday's hearing to be adjourned to allow him to compose himself.

Judge Chua earlier said Mr Murray's 'behaviour inside and outside court was bizarre'.

Mr Murray, a Scottish barrister in private practice, had been briefed by the Department of Justice to prosecute a case involving millions of dollars in unpaid cigarette duty.

He was 40 minutes late for the morning session when Judge Chua delivered the verdict.

Returning at 4pm for sentencing, he smelled strongly of alcohol. Proceedings were halted for 10 minutes for him to collect himself.

Mr Murray later admitted to reporters he had consumed 'two dry Martinis and a couple of beers' before attending the afternoon hearing.

Later the barrister became abusive when a Post reporter asked him about his conduct in court. He later apologised.

A spokesman for the department said yesterday Mr Murray had been suspended from prosecuting  pending an investigation. Mr Murray would be asked for a report and the department would also request court records from the judiciary.

'A referral of the matter to the Bar Association is under consideration,' the spokesman said.

Bar Association disciplinary committee chairman Simon Westbrook SC said  reports of Mr Murray's behaviour had 'obviously given cause for concern'.

His committee would normally act on a complaint filed by a specific individual or organisation, he said, but it also had the power to investigate alleged misconduct.

The matter would be raised and discussed at the Bar Council (the Bar association's executive body) meeting  tomorrow to decide if any action should be taken.

'Nothing will be decided until then and I would not imagine any decision would be taken before the meeting,' Mr Westbrook said.

The committee recommends to the Bar Council what action should be taken against a barrister under investigation.  One option would be to lay charges against a barrister. A trial would be held at a barrister disciplinary tribunal.

Bar Association vice-chairman Philip Dykes SC said the 'legitimate and normal complainants' in this case would be either the judge or the Department of Justice. But he added the Bar could conduct its own inquiry based on published media reports.

A judiciary spokesman said yesterday it would be up to Judge Chua whether to refer the matter to the Bar for investigation.

Judge Chua earlier said in a statement, responding to formal media inquiries, that she would decide whether to make a referral to the Bar Association or  Department of Justice 'in the fullness of time'.

When asked outside the court on Monday why the judge did not comment on his behaviour, Mr Murray said he was surprised. He added: 'I had sex with her twice ... with no hard drugs.'

When asked about this, Judge Chua said it did not 'even warrant a reply'.

Mr Murray's conduct in the sentencing hearing has called into question whether he has breached the Bar's code of conduct.

He put on his sunglasses briefly and giggled to himself once Judge Chua started delivering the sentence shortly after 4pm.



Apology to judge for the antics of barrister in court