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Allegations
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An Australian judge's
comments that New Zealand's justice system is unjust and oppressive have been
labelled as "insulting" and "a nonsense" by members of
New Zealand's legal profession. On Friday, Justice
Rodney Madgwick blocked the extradition to New Zealand of two Catholic
clergymen - Brother Roger Maloney and Father Raymond Garchow - facing
historical child sex abuse charges, on the grounds that the differences in
the New Zealand and Australian legal systems and the length of time since the
alleged crimes would make it difficult for the men to receive a fair trial. Justice Madgwick's
judgment said there would be a "high degree" of unfairness to the
clergymen. "Such trials would
occur without the guarantee of a strong warning by the judge to the jury as
to the very real problems in meeting such old allegations. "In Australia the
applicants would have such a guarantee. Australian courts would not permit
any such trial to occur without such a warning being given, however serious
the charges." Criminal lawyer John
Miller said yesterday that it was "a nonsense" that there was such
a difference between the judicial systems. "The very nature
of these types of cases is that they are going to be historical. The judge
would direct the jury accordingly. I would think they would get a fair
trial." Mr Miller said the New
Zealand judicial system had a good reputation internationally. "These
comments are equating us to a banana republic. It's frankly out of
touch." National MP Chris
Finlayson, formerly a Wellington barrister, said the comments were unfair and
insulting. "I think that kind
of comment is chauvinistic nonsense. It is not particularly pleasant for our
legal system when judges in Australia make those remarks." Male Survivors of
Sexual Abuse Trust manager Ken Clearwater said campaigners were
"gutted". "I can't understand
how another judicial system, like the Australians, could say whether ours is
the right system or not." Mr Clearwater said he
would be appealing to the Government to become involved in the case. The Herald on Sunday
has obtained a copy of Justice Madgwick's judgment. The judge also
criticised the case evidence, saying it lacked specifics, potential witnesses
and records had been lost, and he had concerns about the veracity of
complainants' statements because there could have been "cross-fertilisation"
with other complainants.
* Maloney faced 28
charges and Garchow four charges. * A Local Court
magistrate in Sydney last year ordered their extradition to New Zealand, but
that was overturned by the Federal Court on Friday. * Maloney and Garchow,
who have had prostate and throat cancer respectively, reportedly suffered
severe depression after their arrests in 2003. |
