Full Breakdown
Former Waikato Law Firm Boss Damian Botherway Loses Name Suppression Bid
3/10/2026, 11:08:15 AM
Overview of the Case
Damian Botherway, a former boss of a Waikato law firm, has lost his bid for name suppression following a ruling by the Lawyers and Conveyancers Disciplinary Tribunal. The tribunal's decision comes after Botherway was suspended from practicing law for three months due to his compulsive viewing of pornography in the workplace, which persisted from 2018 to 2022. He has been ordered to pay two victims $5,000 each as part of the disciplinary action.
Tribunal Findings and Context
The tribunal's deputy chairman, John Adams, acknowledged Botherway's anxiety regarding the publication of his name but emphasized that personal embarrassment was not a compelling reason to maintain suppression. The tribunal found that Botherway's behavior stemmed from an addiction linked to depression and personal stressors. Despite the harassment caused by his actions, it was determined that his behavior did not constitute criminal activity. Adams noted that Botherway had made significant changes in his life, albeit at considerable financial and career costs.
Employee Experiences
Multiple employees reported feeling uncomfortable and intimidated by Botherway's actions. A legal secretary described being afraid to confront him about his behavior due to his potential aggression. Another employee recounted feeling horrified upon witnessing Botherway viewing pornographic material repeatedly, leading her to feel unsafe in the office. After raising concerns with another lawyer, Botherway admitted to having an addiction and promised to seek help, yet incidents continued.
Official Statements & Responses
Botherway's lawyer, Briar Webster, stated that his client was struggling with an active addiction that manifested in his compulsive behavior. She clarified that Botherway's actions were not merely for enjoyment but were driven by a deeper issue. The tribunal ultimately decided that the public interest in naming Botherway outweighed his personal interests, despite his expressed anxiety about the implications of being publicly identified.
Criticism & Opposition
Critics of Botherway's actions have highlighted the impact on his employees, who felt unsafe and intimidated in their work environment. The ongoing nature of his behavior, despite previous warnings and promises to change, has raised concerns about accountability within the legal profession.
Verbatim Quotes
- “We find that Mr Botherway has striven to rid himself of this dysfunctional compulsion.” — John Adams, Deputy Chairman, Lawyers and Conveyancers Disciplinary Tribunal
- “This was not, and is not, a case of a practitioner watching pornography simply for enjoyment,” — Briar Webster, Botherway's Lawyer
What's Next
Following the tribunal's ruling, Botherway's name will be publicly associated with the case, and he is expected to continue addressing his addiction issues. The legal community may also face increased scrutiny regarding workplace conduct and the handling of similar cases in the future.
