Gloriavale. Photo: RNZ / Jean Edwards
Gloriavale's leaders have misled the barrister representing six former members by appearing with their own lawyer for closing submissions in a long-running case, despite saying the Christian community could no longer afford a legal team, the Employment Court has heard.
The development resulted in Chief Judge Christina Inglis adjourning the hearing until Wednesday, when Gloriavale will deliver its final arguments, Inglis saying it was "regrettable" and "disappointing".
Shepherds Samuel Valor and Stephen Standfast have been representing Gloriavale since the case resumed last month, but appeared with barrister Carter Pearce on Tuesday morning.
Brian Henry - the barrister for the six former Gloriavale women who have brought the case - had earlier agreed to reverse the normal order for closing submissions and "disclose his hand" by addressing the court first, because Gloriavale did not have legal representation.
Henry told Inglis he now wished to make the final address, after learning of Pearce's appearance at 4pm on Monday afternoon.
"The second defendants have misled us and we changed our position as a consequence. We've filed the documents, that's done. We do not wish to speak to our plaintiffs' case until the end of all submissions, as is our right."
Pearce led much of the argument in an earlier hearing about the admissibility of evidence and was in Christchurch with senior counsel during last year's hearings, Henry said.
"He must have known he was coming, he has been involved the whole time," he said.
(Left to right) Samuel Valor at Gloriavale, barrister Brian Henry and chief judge Christina Inglis. Photo: RNZ / Jean Edwards
Pearce told Inglis he was "rather late to the game" and was not present when the timetable for closing submissions was agreed last week.
"I certainly disagree that the plaintiffs have been misled," he said.
"I'm not aware that there was any representation, that this is contingent on the second defendants not having counsel appear.
"I don't think at any point, to my knowledge, that the second defendants have ever said anything that was untrue at the time. They were being self-represented up until this point. I've come in to assist by submitting presentations on the law."
Counsel assisting the court Robert Kirkness told Inglis he had offered to provide his submissions in advance to ensure Gloriavale had the benefit of a legal position, given they were representing themselves.
"I don't see that the second defendants need me to provide them with legal analysis when they have paid counsel to do that," he said.
Gloriavale was not ready to deliver its closing submission on Tuesday, nor was the lawyer for the attorney-general.
While Inglis granted leave for Pearce to appear for Gloriavale, she adjourned the hearing until Wednesday.
"This is really regrettable where we've ended up, and I must say I'm disappointed in it," she said.
Gloriavale issued a statement last December saying the community would represent itself for the remainder of the Employment Court case.
The leaders were represented by Philip Skelton, KC during the first phase of the hearing, but Shepherd Samuel Valor said they could not sustain the cost of a legal team.
In a court affidavit, the defendants claimed "the prolonged and ongoing nature of this litigation, which is now scheduled to take twice as long as originally contemplated, has simply made it impossible for us to continue to use the community's limited financial resources for legal representation".
"We have reluctantly decided that we will not be represented by legal counsel for the remainder of this proceeding."
The six women claim they were exploited and treated like slaves working on Gloriavale's domestic teams, preparing food, cooking, cleaning and doing the laundry.
The court has heard members worked under a regime of secular and religious control and were exposed to workplace sexual harassment and abuse.
Gloriavale's leaders strongly contest their claims and maintain employment relationships are fundamentally at odds with their Christian way of life.
They say there have been big changes at the commune in recent years, including an obligation to report abuse to police.
