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Sir Thomas Thorp There is no prospect that the
Government will set up an independent specialist tribunal to investigate
claims of miscarriage of justice, says the former High Court judge who
estimates as many as 20 people may be wrongly in New Zealand jails. Sir Thomas Thorp recommended the
setting-up of a specialist tribunal two years ago after making an extensive
study of how potential miscarriages were dealt with elsewhere. He concluded there were
significant shortcomings in our review systems and that the incidence of
miscarriages had been underestimated. However, despite a special
tribunal being recommended by Parliament's justice and law reform committee,
and Sir Thomas's proposals receiving support from both practising lawyers and
academics, there has been no official action. The reaction from the Ministry of
Justice, which oversees measures for reassessing convictions, has been muted. Sir Thomas told the Weekend Herald
that the Justice Department seemed to be "regrettably turf-conscious". The Government said a year ago
that it planned to look at the Thorp proposals in conjunction with its
"overall strategy of reducing the incidence of crime, helping victims
and targeting hardcore criminals and violent criminal activity". But Sir Thomas said he had heard
nothing to indicate progress. "I think myself now that my
proposals will not be adopted or progressed by the present Government. But
[MP Richard] Worth tells me that the National caucus supported his action
last year in filing a private member's bill." Dr Worth's member's bill, which
still awaits a ballot, proposes the setting up of a fully independent and
appropriately staffed and resourced authority which would put before the
courts for reconsideration any claims of miscarriage which its investigations
showed had merit. Deputy Prime Minister Michael
Cullen said in a letter to Dr Worth in November that his member's bill was
too broad and might have unwarranted constitutional and fiscal consequences
and would not be supported by the Government. Dr Cullen said the Government was
reviewing options to improve organisational arrangements, of which an
independent body was one. Sir Thomas noted that new evidence
relating to the Peter Ellis Christchurch creche case produced in articles
recently published in the New Zealand Law Journal "must add to concerns
expressed previously that that case may have gone awry". While he understood there was
still a theoretical possibility of appeal to the Privy Council, "an
investigation by an independent specialist authority would in my view be the
best means of obtaining an effective reconsideration of those verdicts". Sir Thomas reviewed the case for
the Secretary of Justice in 1999 and concluded that the two petitions for a
pardon raised "a considerable number of issues sufficiently to point to
a need for further investigation". His report identified child
evidence reliability interviewing techniques, potential contamination as
central and said that if concerns expressed by several experts proved to have
general support, "it would in my view be difficult to argue against the
existence of a serious doubt about the safety of the convictions". The Court of Appeal also indicated
a commission of inquiry was best suited to test expert opinion. Sir Thomas Thorp: ·
No show for miscarriages of justice tribunal under this Government ·
Ministry of Justice "regrettably turf conscious" ·
New evidence adds to concerns Ellis case "may have gone awry" |