6 minute read
Douglas Ewen KC
12 October 1967 - 3 August 2024
Douglas Ewen KC was a prominent advocate for human rights, who frequently represented defendants in the High Court, the Court of Appeal, and the Supreme Court. He was, in the words of the Chief Justice, the voice of the most marginalised in society.
Douglas was due to be called to the inner bar in the same ceremony as his 2024 Wellington KC colleagues. Because of his illness, a ceremony was instead held for him at his bedside, and it was attended by his family, the Chief Justice and the Hon. Justice Stephen Kós.
At the Wellington Silks ceremony, the Chief Justice repeated the remarks she had made about Douglas. In a moving gesture, the Bar rose and stood for Douglas during this time.
The Chief Justice’s office has kindly consented to the reproduction of her Honour's remarks in At the Bar.
Mr Douglas Ewen KC
Mr Ewen you have spent your legal career being the voice of the most marginalised in our society — those who are least able to speak for themselves. Since joining the independent bar in 1996, you have developed a substantial civil and criminal practice, specialising in the rights of prisoners and detainees.
As a criminal defence lawyer, you have taken on some of the hardest work in our legal system. In more recent times you have focused on appellate work. This reflects the demand for your unusual ability to spot the critical issue in play — even if that issue is buried deep in a morass of facts, or turgid legislative provisions. As you have done that work your practice has morphed into civil litigation, specialising in the area of human rights.
As counsel you have contributed to the development of the law in a quite remarkable way. The effect of your advocacy can be seen in the decisions of our appellate courts — from the interpretation of threestrikes legislation in Fitzgerald v R, to the calculation of pre-sentence detention in Booth v R. It can be seen in the decision of the United Nations Human Rights Committee in Thompson v New Zealand in which you successfully argued that New Zealand had breached its obligations under art 9 of the International Covenant on Civil and Political Rights.
Your focus has been distinctive — when nobody else saw the need, you took the time to master complex legislative frameworks that govern things such as the calculation of sentences. This legislation can be arid — but you saw the impact its misapplication could have on the lives of prisoners. Your work on Booth led to the correction of miscalculated prison times for over 500 prisoners. Anyone who has followed your career would be entirely convinced of the need for our Law Schools to teach sentencing law — an area too often overlooked as not intellectual enough to be the focus of academic study.
You are in some ways a deceptive advocate — you have a very straightforward advocacy style — some might describe it as an informal style. For all the informality, you can identify issues and advance arguments demonstrating a depth of analysis and understanding of the law that is, quite frankly, rare. You have an intellect that enables you to keep hold of the threads as you argue your way through the complex legislation, and the mathematical complications that are a feature of our sentencing and parole law.
Where others see mess, you see a system. We are fortunate indeed that you have been prepared to share some of that knowledge through various publications, including the Criminal Litigation Workflow Guide published by Thomson Reuters, and in your publication with Chris Corns, Criminal Appeals and Reviews in New Zealand
"... you are also brave. You have never shirked the tough assignment, even though it has sometimes subjected you to criticism from those who do not understand the role that criminal lawyers play..."
I must mention that you are also brave. You have never shirked the tough assignment, even though it has sometimes subjected you to criticism from those who do not understand the role that criminal defence lawyers play and perhaps do not understand how that role is critical to upholding the rule of law. You have never let public opprobrium of your clients deter you and have held fast to the ideal of equality before the law. And you have done it all with that distinctive Doug Ewen smile on your face.
I would characterise your whole career as spent in service to ensuring access to justice. You have taken on poorly remunerated work because of your belief that providing access to justice for the most vulnerable or the least regarded is essential if we are to aspire to be a just society.
Much of your practice is at legal aid rates. Other parts are pro bono. This includes work as a volunteer for the Te Ara Ture pro bono project. You have helped Te Ara Ture develop a pilot programme to assist lay litigants with drafting their pleadings, to avoid their claims being struck out for non-compliance.
You have a strong sense of service to your profession, Mr Ewen. Your assistance and advice are sought out by many — from junior lawyers seeking career advice and appellate experience, to police prosecutors seeking your expert help with matters of procedure. That the latter turn to a defence lawyer for advice speaks to your reputation as a person of integrity. And your willingness to give it speaks to your generosity.
You also lead by example — no task is too “junior” for you. You are one of few senior practitioners to maintain a position on the duty solicitor roster. You do so because you recognise that bail is the most important work a first-appearance lawyer does, and because junior practitioners benefit from seeing senior practitioners in this role, doing the job properly.
"I think it is important that I say on behalf of the judges and lawyers gathered here, the gratitude we feel for your contribution to the law and to our society."
You have told me that you feel very grateful to have had the career that you have. As to that, I think it is important that I say on behalf of the judges and lawyers gathered here, the gratitude we feel for your contribution to the law and to our society.
Mr Ewen you have well and truly earned the rank of King’s Counsel.”
The Bar Association offers its condolences to family, friends, and colleagues of Douglas Ewen.
