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Focus on Police
Competence |
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The lawyer for three women wrongly
convicted and jailed over an attack on a teenage girl has rejected as
inadequate Government compensation for the trio. Gary Gotlieb said yesterday the
payouts totalling more than $500,000 to Tania Vini, Lucy Akatere and McCushla
Fuataha were "far too little, far too late". The three were charged after a
16-year-old girl was attacked while having a soft drink in a park in Three
Kings while on her way to school in August 1999. The girl was thumped and kicked
and had her head banged against a tree stump. She was then dragged to a
nearby toilet block where she was robbed of $10. Every time the girl said she had
no more money, she was cut with scissors, suffering a cut eyebrow, four
slashes to a thigh and a stomach wound. The women, teenagers at the time,
were convicted and imprisoned in September 2000 for the aggravated robbery
but later had their convictions quashed after two principal witnesses
retracted their evidence. They each spent about seven months
in prison before being released. A protracted court battle ensued
with an independent Queen's Counsel - Kirsty McDonald - recommending in 2003
that Ms Vini and Ms Akatere each receive $135,000 for non-pecuniary losses
such as loss of liberty and reputation, and interruption of family life. It was recommended Ms Fuataha
receive $137,500 as she received a heavier sentence. On the advice of counsel, the
women challenged the offer but a High Court ruling last December upheld Ms
McDonald's original compensation offer. Last March, the women abandoned
their appeals to accept the Crown's deal. Mr Gotlieb claimed the Government
was to blame for the delay but Justice Minister Mark Burton said he had drawn
out the compensation process by recommending the women appeal against the
initial offer. "It is of some concern ...
that the advice received by the young women had the effect of substantially
drawing out the time needed to resolve their compensation claim," he
said. "This is even though it was
clear the level of compensation initially offered was fair and reasonable
when assessed alongside Cabinet criteria." But Mr Gotlieb said he had been
professionally obligated to urge the women to appeal against the compensation
offer after receiving independent advice from three senior Queen's Counsel
saying the payment was not appropriate. He said the Crown had dragged the
chain in making the payout and, as a result, the women had missed an
opportunity to earn interest on their compensation - which he put at about
$30,000. He had also had to pay, personally, a number of the women's expenses
while they waited for the money. Mr Burton said he was pleased to pay the
compensation and wished the women well for the future. "I do regret that the
decisions of others have resulted in more than three years of delay. I think
that every step of the way the facts show the Government has moved as quickly
as possible to finally resolve this matter. This could have been dealt with
three years ago." |
