Allegations of Abuse in Institutions


Waiouru (NZ Army) - Index


(9)  Dec 2005 (Report Released)

 




Sunday Star Times
December 4 2005

Door opens for Waiouru compo bids
by David Clarkson

The government faces the prospect of a flood of compensation claims from army cadets abused at Waiouru after the findings of an independent report.

The process has started with the filing of a $400,000 compensation claim by a Christchurch man who says he was abused 30 years ago.

The lawyer involved received a second inquiry at his Wellington office on Friday.

Retired High Court Justice David Morris interviewed more than 80 former cadets during his inquiry. But since the abuse was made public last year by Ian Fraser, who now lives in Perth, about 350 other cadets have come forward with abuse complaints.

"I would be surprised if what Justice Morris was told was everything there was to tell," said lawyer Roger Chapman, who has filed the first claim.

He believes that as the claims are lodged, lawyers involved should pool resources, and share information on what settlement levels may be achievable.

Chapman and his firm, Johnston Lawrence, have been involved in several cases with large groups of claimants, and he believes the combined approach offers the best hope of getting an overall settlement from the Government rather than going to court case by case.

Chapman believes cadets who had kept quiet about the abuse because they were too frightened at the time or thought no one would believe them, may be encouraged by the contents of the report to come forward.

"From what people were saying, one would think there is certainly a basis for some of them taking legal action if they want to do it," he said. "No doubt there are some people who have been psychologically very badly damaged by this, others who have taken it more or less in their stride. It depends to some extent on the make-up on the individual."

Defence Minister Phil Goff steered clear of the question of compensation when the report was released, and suggested that people who wished to take action should make complaints to the police so criminal prosecutions could be considered.

His office is unable to say how many copies of Morris's report have been obtained by people who could be considering legal action. When it was issued, it was placed as a link on his office's website and it is not known how many "hits" there have been on the link.

The report found that a cadet who shot and killed fellow cadet Grant Bain should have been charged with manslaughter rather than a firearms offence.

The report has been criticised for its finding that although abuses and bullying occurred at the Waiouru Regular Force Cadet School, which operated from 1948 to 1991, there was no culture of violence.

Critics have pointed to the repeated and long-term nature of the abuses - allegedly carried out or ordered by second year cadets.

Morris declined a request from the Sunday Star-Times to be interviewed on his findings.

He was appointed to the inquiry a year ago, having retired after a colourful career. He had been involved in several inquiries, including the National Women's Hospital cervical cancer inquiry, investigations into the Mr Asia drug ring, and the Erebus commission of inquiry.