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DR. AJIT SWARAN SINGH – NZ DISTRICT COURT JUDGE

By Ruci Farrell
  Manukau District Court has admitted one of Fiji’s most outstanding Indian criminal lawyers and two deserving Pacific Island colleagues to the Bench in the heart of one of New Zealand’s fastest growing, culturally diverse communities.

Judge Dr Ajit Swaran Singh was sworn in at the Manukau District Court before a gallery packed with family, court staff, police and a cluster of proud Fiji and New Zealand lawyers, including Crown Prosecutors, to salute the achievements of a fellow colleague.

Manukau is New Zealand’s third largest city with a total population of 283,197. It holds the largest Maori count with 44,274 while Pacific Islanders number 72,378. Even though Auckland City holds the largest Asian population, the 2001 census indicates there are now more Asians in NZ (240,000) than Pacific Islanders.

Elevation to the bench is the pinnacle of every good lawyer’s career, but the privilege has come four years before time for Judge Singh.

He had hoped to make the bench on his 55th birthday in 2006, but the surprise appointment on his 51st birthday is indication the Labasa born criminal lawyer has justifiably earned his place in NZ’s judiciary.

In administering the oath Chief District Court Judge David Carruthers said : “Judge Singh brought exceptional qualities to his work and unparalleled experience in criminal work. Judge Singh practiced in Auckland and South Auckland in commercial and criminal law, he has been an energetic Inspector of Mental Health and involved in medico-legal work and immigration and refugee cases and conducted a large number of criminal trials. Everybody here will agree that this energy and enthusiasm will be very welcome on this Bench. I had the experience of re-reading the Judge’s CV, which is an extraordinary long document after I’d read it I had to have a drink of cold water and a sit down.”

He said he had: “ ….. received numerous accolades about Judge Singh from around New Zealand which made it clear Manukau was attaining the services of an extremely special person.”

Since 1999, Judge Singh has been District Inspector of Mental Health. He is a member
   

Family portrait of Judge Dr. Ajit Swaran Singh and his family from left, Anjeet, Subhag, Judge Singh, Shobita and Anit.

Manukau District Court has admitted to the bench one of Fiji’s most outstanding Indian criminal lawyers - Judge Singh and his mother after the swearing in ceremony.

Among the many prominent lawyers and judges at the swearing in at Manukau was the Ombudsman Judge Anand Satyanand.

  of the Auckland District Law Society Council and the NZ Law Society Council. Judge Singh was the Convenor of the Criminal Law Committee, which made extensive submissions on criminal justice issues. He was also the Convenor of the Fitness to Practice Committee, which decided whether an applicant was a fit and proper person to practice law in New Zealand.

Judge Singh graduated with LL B in 1974 and completed his LL M (Hons) in 1976 at Victoria University, Wellington. In 1983, Judge Singh graduated with Doctorate in Law degree from the Institute of Comparative Law at McGill University in Canada.

There are many influences that have helped in his success, including his parents, uncles and his loyal and supportive wife Subhag, daughter Anjeet (B Com LL B Hons) who is a lawyer at Bell Gully, son Amit who is a 3rd year B Com LL B student at the Auckland University and youngest daughter Shobita who is in the Sixth Form. He has also had support from his extended family, friends and colleagues - all of who have contributed immensely to his success.

His wife Subhag studied at Concordia University in Montreal, USP and Secondary Teachers College in Christchurch graduating with BA (ED) degree and Diploma in Teaching.

As a student, Judge Singh worked his way through the University as a ticket conductor at New Zealand Railways, cleaner at TVNZ, Woolworths, Salesman at Farmers, paper delivery on Sunday, forklift driver at a timber treatment plant, which all helped in shaping his personality.

Before embarking on an illustrious 10-year career in Fiji he worked at the Justice Department, Titles Office in Wellington. In Fiji, he worked for his uncle, Sarvan Singh who was a prominent lawyer and Member of Parliament in Labasa. In 1975, he successfully represented numerous farmers in land tenancy cases before ALTA Tribunal.

Prominent Suva lawyer and Member of Parliament Karam Ramrakha was Judge Singh’s mentor. It was at Ramrakha’s that Dr Judge Singh developed his skills as a court trial lawyer.

As Crown Solicitor, Judge Singh represented the Fiji Government in numerous court cases. These included the defence of doctors in medical negligence cases and judicial reviews of ministerial decisions.

The controversial abortion trial involving Dr Sefanaia Tabua in 1992 is probably one of Judge Singh’s most highly publicised trials in which he was instructed for the defence of Dr Tabua by the Medical Protection Society based in London.

He succeeded at both trials and the Court of Appeal in what was a watershed decision on Fiji’s legal history. Dr Tabua was acquitted in both trials and the Court of Appeal upheld the acquittals. This case is a precedent upholding the legality of therapeutic abortions.
The test for whether or not the use of an instrument is unlawful is whether it is necessary to preserve a woman from serious danger to her life or to her physical or mental health.

One of Judge Singh’s major cases involved defamation action against the Government and Vunibobo. Another well known trial involved former Fiji Sun Editor Peter Lomas in a defamation action by Samoan boxer Fossie Schmidt. Judge Singh also successfully represented the Fiji Government in the Teachers Union judicial review case. Ethics and fairness have always been paramount considerations for Judge Singh.

Prior to his appointment, the British Government admitted Judge Singh to the Pitcairn Island Bar as a defence counsel.

Judge Singh who grew up on a 10-acre cane farm in Labasa has relinquished all other duties to take up his place on the Manukau District Court Bench. There will also be time to pursue his passion for researching legal and constitutional developments and other legal research. Judge Singh is also on the Auckland University Vice-Chancellor’s Pacific Committee.

Accolades pour in from all over New Zealand and overseas affirming Judge Singh’s integrity in a career that demands professionalism and absolute dedication to the Rule of Law, fairness, justice and sensitivity to people of diverse ethnicity, cultural and religious backgrounds.

In between his busy schedule, Judge Dr Ajit Swaran Singh is passionate about Fiji and entertains thoughts of one day retiring to the home of his birth. Judge Singh has also contributed immeasurably to the development of the Indian and Fiji Indian communities.
 
 
 

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