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Leo Molloy breached a court order for a murder case while the jury was still deliberating and has now been censured by the Veterinary Council for his actions Photo: RNZ / Nick Monro
Auckland mayoral candidate and prominent restaurateur Leo Molloy has maintained that breaching a court suppression order for Grace Millane's killer was "altruistic".
Molloy was convicted, fined and ordered to complete community work for deliberately flouting a High Court suppression order for Jesse Kempson while the jury was still deliberating. He did it again that same night after a guilty verdict over the December 2018 killing had been made.
He is the first and only person to be convicted for the breach, despite police warning multiple other individuals in New Zealand.
International media, which is not subject to our laws, also flouted the order without consequence.
Now Molloy, who was a veterinarian for decades before making the move to hospitality, is facing a Judicial Committee of the Veterinary Council for his conviction more than four years ago.
Veterinarians, like most licensed professionals, are bound by a professional code that governs the ethics of how they act, whether they are on the job or not.
In this case, the Veterinary Council sets those standards and takes action against practitioners it says have violated that code, in this case by being convicted in the district court.
In essence, Molloy's conviction for breaching a court suppression order is not directly related to his work as a vet, but the council says his behaviour is essentially un-vet-like and breaches the ethical code his licence is contingent upon.
Molloy has not practised as a vet since the early 2000s and his status on the register of veterinarians was changed to "retired - registered" in 2023.
At a hearing held this morning, the committee heard that while Molloy was remorseful for his conduct, he maintained the deliberate breach of the court order was "altruistic".
An error of judgment
In an affidavit to the tribunal, Molloy said he accepted breaching the court order was a "serious error of judgment".
"I understand that such orders exist to protect the integrity of the justice system and my personal views - although altruistic - did not justify non-compliance," he said.
"I was motivated by strong feelings of frustration and what I perceived to be injustice and unfairness in the treatment of the victim, Ms Millane."
Molloy said his conviction did not reflect adversely on his ability to practise as a vet, or that it brought discredit to the profession, because it has no connection to veterinary practice, animal welfare, or veterinary ethics.
Molloy said he had already been punished by the courts; it was his only disciplinary hearing in 36 years, he had been retired from the industry for 10 years and his conduct had no connection to his work as a vet.
His lawyer Quentin Duff said the offending was not an honesty or integrity issue, and that Molloy's actions were altruistic and born out of frustration with the perceived injustice in the treatment of a murder victim.
Duff conceded it was misguided, but his client felt it required a response.
"Notwithstanding his altruistic motivations, he has expressed remorse and accepted that the offending was an error of judgment," Duff said in his submissions to the tribunal.
Duff said he suspected the wider public would agree with Molloy's intentions, if not his actions in breaking the law.
'Our professional obligations don't end when we close the office door'
The jury in Kempson's murder trial had retired after a weeks-long trial that attracted the attention of media around the world, but at the time his name was still secret because he faced two further trials for violent sexual offending against two women.
Before Kempson was named, however, Molloy started a discussion on the NZ Premier Racing Community's website while the jury was deliberating.
In a forum on the site called "Main Street Cafe", which had 2483 members, Molloy made a post titled: "This is the Grace Mullane murderer [sic]".
The court documents show Molloy wrote: "He got name suppression because he's also up on another independent rape charge … he needs a bullet.
"I put it here because this forum has the traffic and people need to know about this dog."
Later the same evening, Kempson was found guilty of murder.
Molloy then made another post on the forum naming the recently convicted murderer.
"Jesse Kempson was an employee of my sister's at her restaurant bar, Oyster & Chop, and he flatted with my niece for a short period before he was asked to leave due to his inappropriate behaviour," Molloy said.
Findlay Biggs, counsel for a Complaints Assessments Committee of the Veterinary Council prosecuting Molloy at the tribunal, said Molloy had named Millane's murderer and the fact he was facing further sexual violence charges while the jury was deliberating.
"In terms of a criminal trial, that's a very important and sensitive time to be revealing suppressed information," he said.
"It puts a trial at risk."
Biggs said professionals were entitled to have a philosophical debate about name suppression but that debate needed to abide by the law.
"All professionals, including vets, encounter private, sensitive, confidential information on a regular basis. That's a standard part of their job," Biggs said.
"Our professional obligations don't end when we close the office door."
Biggs said professionals, such as vets, were held to a higher standard than other members of the public and Molloy's conviction cast doubt on the entire profession.
"A suppression order is a suppression order, regardless of how you feel about the content being suppressed."
Biggs questioned whether Molloy truly understood the consequences of his actions and whether it appeared he still felt that what he did was morally right.
The Judicial Committee ordered Molloy be censured and pay legal costs totalling $23,000. It will issue its full decision in writing at a later date.
-This story originally appeared in the New Zealand Herald.
