It is with the greatest pleasure that I am writing this unsolicited testimonial to Dr Roderick Mulgan, barrister, in reference to his representation on my behalf before the District and High Courts of Wellington.
Following a vehicle accident on a mountain track, I was airlifted to Hospital and as a routine provided two blood samples for alcohol testing. It was with great surprise that I was informed after a few weeks that my blood alcohol reading was 88mg/100ml- 8 over the legal limit, since I recalled only consuming 2 small glasses of wine over a 4 hour period.
There followed a few months before a decision was made to charge me and when that occurred we requested the second blood sample for independent analysis. There was further delay in receiving this sample from the Police and when it was finally tested showed a blood alcohol reading of 73mg/100ml- 7 under the legal limit.
The police decided to proceed with a prosecution, arguing that the lower reading was due to loss of alcohol from the original sample over time.
In a defended hearing before the district court Judge, Dr Mulgan was superb both in his presentation of the facts, points of law and a masterful cross examination of the crown expert witness, which left myself, my lawyer and all those present in little doubt that my defence would succeed.
To my amazement, the Court found for the prosecution and the next 6 months were spent preparing for an application for discharge without conviction, which was ultimately denied by the same judge, to even greater astonishment from my lawyer.
At this point I turned to Dr Mulgan for his counsel in respect of an appeal against conviction to the High Court of Wellington. I cannot begin to do justice to the level of legal knowledge, professionalism and compassion that he demonstrated during the exhaustive preparation for my appeal, which he presented quite superbly to the Court in October 2015 and I was subsequently acquitted with the judge noting that Dr Mulgan’s legal argument was correct and that the District Court judge had erred in not deferring to his presentation before her 12 months hence.
I appreciate that the facts of my case or of more interest to me than to any person seeking Dr Mulgan’s services but I have outlined them above to, hopefully emphasis my belief that Dr Mulgan is one of New Zealand’s finest young Barristers. I have been in awe of his encyclopaedic legal knowledge but most impressive is his ability to apply this to his individual clients.
I cannot commend Dr Mulan’s services too highly and remain indebted to him for those services.