Years in jail awaiting trial

A man who has spent more than four years behind bars awaiting trial is one of nearly 6000 cases waiting to be heard nationwide, creating a ‘‘huge amount of pressure and burden’’ on the justice system.

Figures released to Stuff by the Ministry of Justice under the Official Information Act reveal there were 3250 pending jury trials across the country as of September 30, plus 2653 judge-alone trials.

The delays are causing significant concern throughout the profession, with some lawyers worried their clients are feeling pressured to plead guilty because of how long they have spent in custody.

Justice Minister Kris Faafoi says no-one is comfortable with the delays, with a range of initiatives under way to help clear the backlog.

Victim Support also says it is ‘‘deeply concerned’’ about how the backlog will affect victims of crime.

Auckland has 780 jury trials on its books, followed by South Auckland with 447, Christchurch with 305 and Wellington with 277.

Several high-profile trials in Christchurch face lengthy waits.

These include that of David Benbow, who was charged with murdering his childhood friend in September 2019 and will go to trial in August next year.

Two people accused of killing Christchurch mother Angela Blackmoore more than 25 years ago have had their trial postponed twice, with their trial set for May 1, 2023, though it could be brought forward to next August.

There are also 1978 people in custody waiting for their cases to be heard, according to the Department of Corrections, including one man at Christchurch Men’s Prison who has been behind bars for 50 months.

It is unclear why the man has been on remand for so long, but New Zealand Bar Association criminal committee chairman James Rapley, QC, said no-one should be waiting that long for justice.

‘‘Unless there are factors unique and specific to this case justifying this state of affairs, the fact a person has been on remand for four years awaiting trial is a real and serious concern.’’

The number of jury trials waiting to happen was ‘‘enormous’’, and a major concern of the committee.

‘‘[We need] to remember it’s about people. Those statistics are people ... defendant’s lives are on hold and their whānau, friends, their stressors and strains are increased because of this backlog and uncertainty.

‘‘Complainants also want to move on and heal, and their lives are effectively put on hold and their whā nau dramatically affected.’’

The backlog was causing a ‘‘huge amount of pressure and burden’’ on those working in what was already a challenging system.

‘‘We’ve got defence counsel often working in difficult conditions with people who are vulnerable or have high needs and might suffer from all sorts of different mental health issues, and to then deal with the added pressure of a busy workload, delays . . . It causes stress and I see it,’’ he said. ‘‘I see it in my colleagues and the court registry staff as well, and . . . it’s going to be with us for a while.’’

Covid-19 lockdowns, which halted jury trials, are the main reason for the backlog.

However, issues around disclosure of evidence from prosecutors coming later than ever before – in some cases mere weeks before a trial – have also caused many trials to be adjourned.

Rapley said he informed all his clients that it would take at least a year from when they first saw him after their arrest until their case was resolved.

For more complicated cases with a lot of documents or witnesses, it could take at least two years.

It is understood some lawyers are concerned their clients feel pressured into pleading guilty because they receive good sentencing offers from judges, and in some cases have already served the sentence on remand by the time they receive it.

One in five prisoners was released from prison immediately after being sentenced in 2019-20 because they had already spent enough time in custody, Corrections figures show.

Ten years earlier, that figure was only one in 10.

Rapley said he was not surprised defendants were feeling pressured to plead guilty.

‘‘I can see how those pressures can arise, and a defendant should never feel pressured because they’ve served their time.’’

More court space, hearing rooms and judges were needed to try to combat the backlog.

‘‘It is going to take a long time and that’s why everyone is so concerned,’’ he said. ‘‘Delayed justice doesn’t serve the interests of anyone ... It has to be done in a fair way within a certain time frame, otherwise it just lets everyone down.’’

AUT University’s dean of law, Associate Professor Khylee Quince, is an expert in criminal law, youth justice and Mā ori legal issues. She said the number of trials pending was ‘‘really concerning’’.

She believed a ‘‘significant percentage’’ of defendants would either plead guilty or not elect trial by jury if it was a serious offence and they were going to be remanded in custody for a long time.

‘‘Those system pressures have the potential to result in bad outcomes, defendants not really having access to the rights that they should be entitled to – choosing a jury trial, waiting for justice, for victims to be able to have a trial without undue delay. It’s a really significant issue that’s not new to the pandemic time, but has been infinitely exacerbated by it,’’ she said.

The number of people on remand had fallen ‘‘significantly’’ in recent years, but waiting times for trials were ‘‘unsustainable’’.

Remand prisons were ‘‘the most dangerous’’ parts of any prison, she said. ‘‘The management issues are so significant – you’ve got bored inmates that have nothing to do, that don’t have the same privileges, but they also have the acute mental and psychological distress of being unsure as to how long they’re going to be there.

‘‘The fact that there’s still 2000 remand accused, and we know that there’s this big backlog which is getting worse – that should be incredibly concerning for all the ministers concerned.’’

Auckland District Law Society president Marie Dyhrberg, QC, said that while Covid-19 had played a large part in the backlogs, a jury trial had ‘‘a life of its own’’ and there were many reasons for delays, including the availability of jurors and witnesses and other unavoidable circumstances such as when a trial was aborted.

Everyone needed to ‘‘work responsibly and not panic’’ to ensure the backlog was cleared in a way that was ‘‘not just going to make things worse’’.

‘‘A jury trial will never be something that you can just resolve speedily, and if you try and do it too fast somebody’s fair trial rights are going to be trampled on.’’

Justice Minister Kris Faafoi said the Government was working on a range of initiatives to improve access to justice.

‘‘No-one working in the justice system is comfortable with [these] delays,’’ he said.

The Government had invested $50 million into providing five additional District Court judges and three High Court judges, support staff, and other court resources to help reduce Covid-related backlogs.

Several initiatives were under way, including a programme aimed at dealing with delays and reducing backlogs and workload pressures, as well as the establishment of a team to ensure all available resources were maximised in the District Court.

‘‘Just as these delays have developed over time, it will take investment and time to deal with them,’’ Faafoi said.

Victim Support general manager of service delivery Peter Guest said the organisation was ‘‘deeply concerned’’ about how the backlog of jury trials affected the victims of crime.

‘‘Even without process delays, it can take many months or even years for a jury trial to be completed and for victims to feel they have received a level of justice.

‘‘The court process is emotionally challenging for victims and these delays can be retraumatising.

‘‘On top of the stresses caused by Covid, the added stress from a delayed trial will likely make it even harder for victims to begin to find healing and closure on the traumatic events that have happened to them.’’

The solicitor-general’s executive adviser, Elizabeth Underhill, said how quickly the backlog could be cleared would depend largely on the number of judges and courtrooms available.

‘‘In some cases, the delays caused by Covid-19 may alter the public interest in the prosecution and prompt the Crown to offer no evidence.

‘‘However, each case must be assessed on its own facts, and it is unlikely the recent delays will decrease the public interest in the prosecution of serious criminal offending.’’