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The Evening Post
September 4, 2000
page 8
Man given compensation for wrongful conviction
NZPA
A man wrongly convicted
of sexually abusing his two sons will be paid more than half a million
dollars compensation.
The man, whose details have been suppressed by court order, was charged with
indecent assault on his two sons, both then aged under 12 years. He was
convicted in 1995 and spent 14 months in prison before the Court of Appeal
quashed the conviction after both sons retracted their allegations.
Justice Minister Phil Goff said yesterday that Cabinet had decided to pay the
man $570,696 in compensation. "As a father I can only imagine the
appalling experience that this man has gone through," he said.
"There can be nothing worse for a parent than to be wrongly convicted
of sexually abusing your own children.
"Given the nature of the charges, this man would have been despised in
prison as well as in the community."
Mr Goff said he knew of the traumatic effect the case had on the man's
parents and his partner.
"His parents, who were in their 60s, had to mortgage their home and go
back to work in order to meet legal costs. Both sadly died before the wrong
done to their son was put right," he said.
"With the assistance of the compensation payment, I hope that the man,
his partner and children are now able to make a fresh start."
The allegations were withdrawn by the children within 48 hours of being made,
but police failed to make those facts available to defence counsel so there
was no cross-examination. "The police have accepted that this amounted
to an error of judgment and the Commissioner of Police has apologised
unreservedly to the Auckland
man," Mr Goff said.
"An individual's right to liberty is at the core of the criminal justice
system in New Zealand.
When a person has been wrongly convicted and deprived of liberty then, as a
society, we should make good the losses incurred by that person."
Assistant Police Commissioner Paul Fitzharris said the police had unreservedly
apologised to the man, and recognised that an error of judgment was made.
"The officer concerned has been counselled and reminded of his
responsibilities with regards to the disclosure of information."
The man's lawyer, Rob Harrison, said the apology meant as much to his client
as the money
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