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Sunday Star Times
April 20 2003
Offenders' mercy system in for rejig
by Deidre Mussen
An overhaul
is planned for the system used by convicted offenders claiming a miscarriage
of justice.
A Justice Ministry discussion paper on the royal prerogative of mercy system
recommends establishing an independent body to consider petitions.
It was prompted by the increasing number and complexity of petitions over the
past five years and changes overseas for miscarriage of justice cases.
The report has been circulated to the judiciary, the New Zealand Law Society
and the Criminal Bar Association for comment.
Currently, the governor-general can grant pardons, wiping an applicant's
conviction and sentence.
They can also reduce or remit a sentence or refer a case to the Court of
Appeal.
Justice Minister Phil Goff said existing practice blurred the powers of the
judiciary and the government.
The report highlighted risks in having a crown minister, subject to the
scrutiny of parliament, the public and media, as a source of advice to the
governor-general. "In contentious cases, it will be open to argument
that the advice received and given by the minister was influenced by the
expectations and pressures that can arise with intense public interest. In
such an environment, consideration of the application may not be perceived as
impartial and devoid of political considerations," the report said.
The board of three members - a former judge as chair and two other members of
high standing in the community - would review applications.
If it decided the prerogative of mercy might be exercised, it would refer the
case to the minister of justice with recommendations. The minister would then
advise the governor-general.
Goff agreed with the proposal to form an independent board but wanted to
consult interested parties first.
Lynley Hood's controversial book A City Possessed, on Christchurch Civic Case
worker Peter Ellis' child sex abuse conviction, was raised in the paper
because of her criticism of the Court of Appeal's role in the royal
prerogative of mercy process.
The report said the reforms mooted would address her concerns about
availability of pardons, the ministry's role and the informality of
procedures.
But Hood said the ministry needed to review the whole court system because
failures at all levels were causing miscarriages of justice.
"The inability of the Court of Appeal to admit it made a mistake except
when forced to by the Privy Council is one key problem," she said.
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