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The
Christchurch Civic Creche Case |
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Justice Minister Mark
Burton says he will look into a report that calls for the creation of an
independent body to investigate miscarriages of justice. After a two-year
investigation retired high court Judge Sir Thomas Thorp has warned that up to
20 people could be wrongly incarcerated in New Zealand's jails. Thorp analysed 53
applications to the Justice Ministry claiming miscarriages of justice and has
called for the establishment of an independent authority to identify such
cases. Burton says that when a
respected figure like Sir Thomas Thorp makes such a report it has to be taken
seriously. He says he will analyse the findings and ask the advice of the legal
community before making any decisions. Thorp's call for the
creation of an independent body are backed by the Law Society and the
Criminal Bar Association who say it will fill a gap in the legal system. Convener of the Law
Society's criminal law committee Philip Morgan QC says the current appeal
process only applies to errors of law. He says there other cases, such as
those where new information comes to light after appeal periods have expired,
which could benefit from an independent body. However, Morgan says he
is not sure whether such a body would be able to secure government funding The Criminal Bar
Association president Peter Winter says the introduction of an independent
body would be timely, given two new bills which deal with evidence and criminal
procedure are designed to speed up court cases. He says that could lead to
more mistakes being made. Winter says the justice
system tends to shy away from re-opening cases which have been closed and an
independent body would help make sure injustices were put right. |
