Hamilton barrister Roger Laybourn is a man who can rightly celebrate his courtroom victories, with a total of some 300 jury trials as a criminal defense lawyer to back him up.
Speaking to the Waikato Times, Roger Laybourn explained that he has never had the inclination to change tack with his career and prefers “swimming against the current” and upholding the traditions set forth 800 years ago with the signing of the Magna Carta.
The stories also tell of a man determined to keep the powers that be honest.
Laybourn has spent the past 33 years in Hamilton working exclusively as a defence lawyer.
In that time he has chalked up more than 300 jury trials and conducted more than 25 murder trials.
“I don’t have an answer as to why I’m the exception to that normal path except to say that I still enjoy what I do and I enjoy it because I absolutely believe in it. I see the historical significance of personal freedoms and liberty.”
In June this year, the world celebrated the 800th anniversary of the signing of Magna Carta between King John and the barons of medieval England.
In the eight centuries since its creation, Magna Carta has become a symbol of liberty and used to lay the foundations of the criminal justice system, including trials by jury.
Laybourn said the core principles of Magna Carta remained a key part of New Zealand law and sent a clear message that the privileged and the powerful were not above the law.
Magna Carta also underpinned modern human rights and established that every citizen was equal before the law.
“I find it inspirational that the voices of our ancestors 800 years ago still speak as our advocates of everyone’s protection and freedom,” he said.
“I see my role as a defence lawyer as carrying on that heritage and to ensure that the rule of law is respected and the rights of every citizen regardless of creed or culture.. continues to be protected.
“I believe defence lawyers are the frontline custodians of democracy.”
Laybourn also credits his parents for instilling in him a strong sense of fairness and empathy for others.
He began his legal career in Wellington in 1979, having spent a year in Samoa with his wife Bronwen, working with Volunteer Service Abroad (VSA).
The then 25-year-old joined a small firm run by Wellington civil rights lawyer George Rosenberg and together they took on a host of immigration cases.
“This was during the tail end of the dawn raids and my knowledge of Samoan culture was a big advantage,” Laybourn said.
“That was my first experience of decent, hardworking people having their lives turned upside down by forces of the state. It was a particularly shameful part of our history, the way the Pacific population was treated.”
After two years working in Wellington, the Laybourns travelled overseas for two years before returning to New Zealand and settling in Hamilton.
He worked as a partner in a law firm before deciding to become a barrister in 1994.
Since then, Laybourn has conducted a number of high profile trials, including the euthanasia cases of Ian Crutchley and Professor Sean Davison.
Defence lawyers are often a target for politicians, especially those who condemn the state’s spending on legal aid or those wishing to leverage off people’s concerns about law and order.
However, Laybourn said the public had a better understanding of the work of defence lawyers than politicians gave them credit for.
“The fantastic thing about New Zealand society is we have strong belief that people should be given a fair go and I think that’s part of our colonial heritage.”
The sudden death of high-profile lawyer Greg King in 2012 was a “huge loss” to the legal community, Laybourn said, adding that King did more than anyone else to help the public understand the role of the defence lawyer.
“I’ve always tried to have a balance in my life but in some ways Greg’s death made me more determined than ever because it was like we had lost one of our stars.
“I do get tired, don’t get me wrong, but I’m so determined not to be cynical because that doesn’t help my clients at the end of the day.”
Laybourn said he had formed many strong and enduring friendships with other members of Hamilton’s defence bar and was inspired by the next generation of young lawyers.
He has been joined at his practice by daughter, Rhianna Laybourn.
“I’ve certainly enjoyed the unique opportunity to work as a father and daughter team. Her energy and enthusiasm has reinvigorated me and it’s just fun being a dad and daughter team.”
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