Otago Daily Times
September 21, 2001

Third World justice in New Zealand
by Dave Witherow
Dave Witherow is a Dunedin armchair philosopher and environmentalist.


Ever since Arthur Allan Thomas was convicted for murders he did not commit, justice in New Zealand has been a bit of a lottery. Serious doubts have attended many a verdict since that time, and sentences are often grotesquely at odds with the gravity of the offences committed.

The system is concerned with covering its tracks rather than ever admitting a mistake, and justice is scarcely an issue. We may, as a number of economists contend, be heading for
Third World status - but we have Third World justice already.

One of the more disgraceful recent episodes was the case of David Dougherty. Arrested in 1992 and charged with the rape and abduction of an 11-year-old girl, Mr Dougherty was finally released from prison after his second appeal in 1996. Fresh DNA evidence had demolished the original case against him - yet Mr Dougherty remained in jail for two full years after that evidence came to light, and was made to go through the unnecessary ordeal of a retrial.

Even after his inevitable acquittal, Mr Dougherty was shamefully treated, with the Justice Minister Sir Douglas Graham refusing him compensation for the four years lost from his life.

The Peter Ellis saga was another demented demonstration of comprehensive legal dysfunction. Its demonisation of Ellis, through a welter of conflicting "evidence", should persuade all sensible people to avoid like the plague anyone in the least associated with the psychiatric professions.

A true 20th century witch-hunt (complete with fictional witches), the scapegoat conviction of Ellis tainted everyone involved in it, from the amenable police, right through to the frantic parents - who still somehow manage to believe that their little darlings were repeatedly and spectacularly debauched in full view of the passing public.

It is not even necessary to be convicted to get a rough ride from the forces of law and order, as the unfortunate Wayne Montaperto discovered over a period of 14 years.

Identified by the police as a prime suspect in the murder of Teresa Cormack, Mr Montaperto was attacked and brain-damaged by self-appointed vigilantes. He was driven from his home and his life was effectively ruined, yet Mr Montaperto - as DNA evidence would eventually show - had no involvement with Teresa Cormack.

Innocent or not, however, he shall get no compensation from Phil Goff, our Minister for "justice". Compensation, it would seem, is reserved for public figures and politicians whose self-images have been injured by the printed word, or by remarks made injudiciously. Millions are available for this kind of thing, but not for people who have suffered real loss and hurt, like Mr Montaperto.

Sentencing presents another opportunity for gratuitous injustice. Murderers receive less than robbers: rapists are released to rape again with indifferent regularity.

In March this year, a woman received six years jail for thrashing her child to death with a length of rubber fan-belt. A man, found guilty of stealing a large sum of money, appeared for sentence the same day. Eleven years, the judge decided.

Scott Watson, it seems quite possible, is in jail for 17 years because he might be nasty. He liked to get drunk at parties. He said suggestive and unchivalrous things, and he tried to pick up women.

He'll do, the cops concluded, and a case of sorts was assembled. Awkward evidence was simply tossed away. A whole big yacht - seen by a number of experienced sailors - was ruled by the police to not exist. It didn't fit, so it didn't exist, and Watson was duly convicted.

David Bain remains in prison despite the growing mountain of doubt that Joe Karam has put together. In a civilised land this contrary evidence would have released Bain long ago. But this is hardly a civilised land, and releasing Bain would mean admitting mistakes - which we don't do in
New Zealand. Mr Karam will never give up and will win in the end.