Man waits four years behind bars for a 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 The Press 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, including 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 Corrections, including one prisoner at Christchurch Men’s Prison who has been behind bars for 50 months.

It is unclear why the man has been on remand 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 wha¯nau, 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 wha¯ 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 were 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 timeframe, otherwise it just lets everyone down.’’

Auckland University of Technology dean of law associate professor Khylee Quince, an expert in criminal law, youth justice and Ma¯ ori legal issues, 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.’’

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

Remand prisons were ‘‘the most

‘‘Delayed justice doesn’t serve the interests of anyone . . .’’ James Rapley, QC New Zealand Bar Association criminal committee chairman

Jasmine Gundry had never heard of Treacher Collins syndrome until the day her son was born.

Mason was not breathing because of damaged airways, and he was immediately flown from Nelson to Wellington Hospital’s neonatal intensive care unit.

Jasmine’s doctor had been reading about Treacher Collins syndrome and told Jasmine he thought Mason might have it. Shortly afterwards, her baby was diagnosed with the rare genetic disorder that affects the development of the bones in the face. Hearing can be affected, as can breathing and eating. However, children born with the condition typically have an average life expectancy and their intelligence is not affected.

Jasmine spent the entire first year of Mason’s life researching and learning about the condition while her son underwent countless surgeries. Neither Jasmine nor her partner had Treacher Collins, making it a one in 50,000 chance that Mason would develop it in utero. Mason, who is now 8 – he insists he is actually 81⁄2 – had at least four surgeries a year, has hearing aids and needs a feeding tube to eat. This week he had another operation to implant cheekbones, take out some teeth, and assess his airways.

Jasmine was hoping the surgery would be the last one before Christmas.

As the only child with Treacher Collins syndrome in Nelson, people do stare, Jasmine says. ‘‘It is mean and people need to be kind.’’

She wanted people to be aware that although Mason was born unique, he was no different to anyone else. ‘‘He is intellectual, smart, and he is so determined. He is just a normal little boy missing a few things he didn’t get.’’

Jasmine, Mason and his younger sister, Sophie, live in the Brook and they have an amazing community, Jasmine says. Mason goes to Nelson Central School.

Another big support for the family has been Ronald McDonald House in Wellington where they stay during Mason’s regular visits to the capital city for treatment.

In 2017, the family stayed at the house for 16 days over the Christmas period. ‘‘You are already so stressed out about having to travel and being away from home – the last thing you need is worrying where you are going to sleep. It is a huge weight off your shoulders.’’

This year, Ronald McDonald House has housed 63 families off-site owing to Covid bubble restrictions, while providing accommodation and practical support to almost 100 families. Donate to Ronald McDonald House at rmhsi.org.nz/shop/.