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escalating violence in our community
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Sensible Sentencing Trust
Picture: Garth McVicar:
"SST backs campaign by victim’s husband."
December 8, 1991 started out as a normal day for Mary Hobson, Wayne Johnson, William Absolum and Susan Couch but ended in a tragedy with three of them dead and Susan Couch fighting for her life. As the circumstances surrounding that day gradually unfolded the true horror of what happened inside the Mt Wellington-Panmure RSA clubrooms became known, the grief and anger and outpouring of sympathy for the families involved could be heard and felt nation wide.
Police worked furiously and six days later William Bell, who was on parole, was arrested for one of this country’s most callous killings. Bell was later found guilty, his non-parole period of 30 years made legal history in New Zealand as the longest minimum sentence ever handed down.
Tai Hobson, Mary’s husband, has lodged proceedings against the Attorney-General in a ground breaking case that has the potential to change the direction of New Zealand’s justice and parole systems.
Exemplary damages of 5 million dollars are being asked for, but Tai realises that no amount of money can ease his family’s pain and suffering. His goal is firstly to bring to account those responsible for the mismanagement of Bell’s parole, and secondly to change our justice and parole system so that other New Zealanders will not experience the horror those involved in the RSA killings have. While it is a well-known fact that offenders on parole are committing many of our more horrific murders, it is believed this case has the ability to establish a legal and moral precedent.
Most New Zealanders will recall Attorney- General Margaret Wilson paying $80,000.00 to each of three criminals who alleged their human rights had been breached when they accused prison guards of treating them cruelly? In that situation the Attorney-General paid the damages without even allowing the case to be contested in court!
In a recent High Court case in Wellington Justice Young has ruled that a group of criminals including a convicted murderer are able to claim damages from the Corrections Dept. for their being mistreated while in prison. The criminals’ defence lawyer, Tony Ellis, argued that his clients had been subjected to a serious breach of their “human rights”. One of the criminals is convicted murderer Christopher Taunoa who brutally gunned down publican Hugh Lynch in 1996.
The Sensible Sentencing Trust totally supports Tai Hobson in his attempt to redefine “human rights” as being rights entitled to law-abiding citizens. The actions of William Bell and many other killers must surely disqualify them from entitlement to the rights you and I enjoy.
Continued in right hand column >>>
National Office : PO Box 701 NAPIER Phone (06) 835 5521 Fax (06) 835 5520 National Chairman : Garth McVicar (025) 248 7919
Following the Sensible Sentencing Trust’s presentation to the Napier City Council on March 10 the Trust launched its campaign to abolish parole for violent criminals and sex offenders.
SST believes this category of offender should serve their full Judge given sentence. This would give rehabilitation programmes time to work and offenders should then be released with conditions that would assist with their reintegration into society. Another aspect is the public would not be deceived with regards to sentencing.
Example: how many times do we read that an offender has been sentenced to prison for 6 or maybe 9 years, believing this was a just sentence? Only to learn they are walking our streets in 2 or 3 years. It was a backward step when the 2002 Parole Act allowed offenders to apply for parole after serving only one third of their sentence.
We believe this was due to economic reasons. SST would rather see tax-paid dollars spent protecting society from these criminals and enforcing the Judge’s sentence. After all, Judges spend days or weeks on deliberations, listening to all aspects of the crime before making a sentence they deem appropriate to fit the crime. SST believes the Parole Board should not have the power to determine the ultimate length of sentence a criminal serves, especially for violent crime and sex offences.
Interestingly after the Trust’s presentation to the Napier City Council which created a lot of media attention, the regional newspaper Hawke’s Bay Today ran an opinion poll. There was 100% support to abolish parole for violent criminals and sex offenders. It is extremely rare to have an opinion poll so unanimous.
Picture: Victims of Murder (from left) Belinda Reaney, Rowene Marsh-Potaka and Kelly Piggott with
SST founder Garth McVicar at the parole abolition launch in Napier.
Photo: HB Today Newspaper
Newsletter No : 11, May 2004
The Crown is in an extremely difficult position. It pays legal aid to criminals to sue the Corrections Dept. and pays them thousands in damages, yet the same Crown has applied to have this case by a grieving husband who had his wife murdered thrown out of court!!
We congratulate the team lawyers headed by Barrister David Garrett of Auckland and Keith Jefferies of Wellington who are assisting Tai Hobson to bring this “Breach of Parole” action to Auckland High Court on May 17th. Every decent law-abiding, tax-paying New Zealander is 100% behind you. Go for it guys!!
Garth
You will find enclosed with this newsletter a SST card seeking support for our campaign. We would ask that you contact your local MP and seek their views regarding parole. Ask them to sign the card. Put your name on it and return it to SST (address on back of card). If the MP says they have already signed a member’s card, say “but you haven’t signed mine”. The more cards returned the better. We will publish the outcome in our next newsletter. We need your help and support for this campaign to be successful. This is a way you can help us. It will also obtain a commitment from those we elect to serve us.
Criminals sentenced to finite prison sentences must one day be released. But simply turning a prisoner out on the street at the end of a sentence is a recipe for disaster. Many inmates who have been locked up for years find it difficult to live independently, and slip back to the habits and acquaintances that fuelled their offending in the first place.
Parole allows us to monitor inmates after release to reduce the chances of inmates reverting to their old ways, and to take action if it looks like they are. Few people would think that was a bad idea and statistics show that, compared to simply turning inmates out on the street, it works.
Those who say parole should be abolished and replaced with supervision after a sentence are opting for a weaker system. It can't allow for recall to a prison sentence if the prison sentence has already finished.
Parole works because we can compel inmates to do things that the probation officer believes will help them go straight, such as attending drug treatment programmes or living somewhere away from old gang associates. The power to impose special conditions to control an inmate's behaviour during their parole period is virtually unlimited.
The ultimate power we have over an inmate is to have them recalled to prison to serve out the remainder of their sentence if they breach their release conditions, re-offend, or even start behaving in a way that suggests they are likely to re-offend.
Recall gives parole real teeth, but it is only possible because the sentence has not finished. When the court sentences someone to prison, it gives the State the power to take away someone's freedom. That power ends when the court-imposed sentence has finished. Parole is not unique to New Zealand and has operated in this country for at least 35 years. It operates in other countries such as the United Kingdom, Canada, Australia and the United States. The system brought in by the Parole Act 2002 is tougher for offenders, and offers more recognition of the interests of victims and the public, than the old law. Prior to 2002, offenders were released automatically after serving two-thirds of their sentence, regardless of the risk they posed. Under the new law, public safety is the paramount consideration in all Parole Board decisions. Inmates can be kept in to the last day of their sentence if they pose an undue risk. Being eligible to be considered for parole does not mean they will actually be released.
Victims have the right to make submissions when the Parole Board considers an application for parole. The board can decline to hear applications from an offender for up to three years if it believes the offender's suitability for release won't change over that period. This saves the victims the unnecessary anguish of having annual parole hearings when it is obvious the offender will not be released.
New Zealand's imprisonment rate is already higher than that in Australia, England and Canada. An independent report from the Ministry of Justice shows that under the Sentencing and Parole Acts 2002 offenders are being given longer sentences and are serving longer behind bars. Non-parole periods of up to 30 years are now being handed down. Because of these laws the prison population will increase 20% by 2010 even though crime rates have come down 13.6% since 1996. The cost of this increase is $600-million to build new prisons and $122-million a year to run them, but that is the cost of keeping serious repeat offenders in jail longer. The new sentencing and parole laws are working.
--- Hon Phil Goff (Minister of Justice)
“Parole Reform” is the best news on the criminal justice front for months – that’s my feeling on hearing that the Sensible Sentencing Trust had persuaded a major city council to endorse the anti-parole campaign. I’m delighted because our crime wave is self-inflicted injury. Parole is one of the causes.
Parole tells every criminal that our law does not mean what it says. Compare the public dishonesty over crime to the Waitangi Treaty industry. Treaty dishonesty is in retreat at last, despite its critics being called “rednecks” for years. Now councillors can help get the same kind of overdue public honesty about the disastrous 30-year experiment in “no shame - no blame” criminal justice policy.
Remember :
The Parole Act 2002 requires the Parole Board to let prisoners out when the Board thinks they are not “an undue risk to the safety of the community”. So the Board has to release people who have paid only a third of the price fixed by a judge as justice for the victim and the community. The Board can’t let itself to be influenced by a judge’s intention to deter, or to denounce, or even to ensure the victim can feel the criminal is paying a price for the crime - so that the criminal is not left better off by crime than his victim.
If I can offer two suggestions for the next phase :
- Stephen Franks MP
Last month the Napier City Council created history of a kind by being the first local authority to publicly support the aims of the Sensible Sentencing Trust. It voted to write to the Minister of Justice to advise of the extreme concern in the community for the reduction in the non-parole period brought about by the amendment of the Parole Act 2002 and urging greater resources for crime prevention.
Councillor Harrison
A scientific poll taken by the five local authorities in Hawkes Bay found that 83% of the community wanted their councils to ensure that they lived and worked in a safe and secure environment. Among the reasons given for the massive majority wanting a safer and more secure community were the following:
Regrettably Hawkes Bay has been the centre of unflattering statistics and media coverage involving some of the most dastardly crime in the last two decades. One of the most gruesome was the case of Margaret Baxter who was run down, raped and then murdered while jogging on a beautiful Hawke’s Bay morning.
If this wasn’t enough comments by a solicitor working on legal aid were just appalling. In defending the murderer Russell Fairbrother (now a Labour MP), blamed the “white ruling class” for the heinous crime.
The community’s abhorrence for such comments was noted when the Labour majority in what is regarded as one of the safest seats in New Zealand was slashed by over 8,000 votes in the last election. With a background of unflattering statistics and a scientific poll the “do-gooders” in the community tried to convince the council not to support the aims of the Sensible Sentencing Trust.
We had the bizarre situation where a representative of the Hawke’s Bay Prisoners Aid and Rehabilitation Society stated that prison didn’t work. However, they had to acknowledge that parole didn’t work either, despite various organisations working in this area, receiving just under $1 million per week from tax payers.
The latest information available from the justice department shows that 97% of youth reoffended within 18 months, 87% of males re-offended within five years and 72% of females re-offend within five years.
These are the most appalling statistics one could possibly imagine -- and they’re getting worse by the day. As a result of the victory within the Napier City Council, other local authorities are now actively considering supporting the Sensible Sentencing Trust in their campaign to protect our families and communities through tougher prison sentences and a firm non-parole period. The days of the community continually pandering to the Politically Correct and a Government that specialises in social engineering are well and truly over.
Sensible Sentencing Trust would like to thank Councillor Harrison and Councillor Herbert for their time and dedication in helping the Trust present their case to Council’.
--- Councillor John Harrison
(Napier City Council)
Your support and contact is
important to us. Please advise us
of any change of address and/or
your email details.
Contact us by Email :
sensiblesentencing@xtra.co.nz
or write to
P.O. Box 701, NAPIER
Casie Rawiri was up for parole again in March, 2004, We were definitely planning to be present at an attended hearing.I had received oral confirmation that she had again been found guilty of drug offences whilst in prison. We owe it to society to do our best to prevent this evil person being let loose in our communities to cause mayhem and corrupting others to destroy the lives of innocent people.There was a delay in getting information from the Corrections Department. I had not received a reply from my letter dated February 1, 2004, requesting offender information. I did not get a response until I made a telephone complaint to Wellington. We were not given the hearing date until a week prior to the hearing by which time we had made other commitments.
In my written submission I questioned why I had received conflicting reports. The written report stated that she had not received any further convictions whilst in prison, the oral report stating she had been found guilty of the drug offence. I also questioned how do inmates obtain drugs in a supposedly secure unit and how are they punished when they are caught? Why is the public kept in the dark about these matters?
Apparently it is dealt with and kept within the penal system because they say they have to protect the prisoners right to privacy and it is not in their best interest to make this information available to the public. WHY? We as taxpayers are paying for their keep we have a right to know what is going on. Where are victim’s rights? How can we prepare a proper submission when the information we receive is vetted and is not a true account? Bailey Kurariki has already had two parole hearings he has now been transferred to the new youth prison in Wiri, it has state of the art facilities, modern bedrooms, access to a magnificent gymnasium, outside area, free medical care, education, books, computers and the inmates are well catered for with excellent meals. Whilst he was held in Christchurch, his parents were able to visit him once every three months; they received free accommodation and airfares etc. at taxpayer’s expense. We were informed on April 8 that Joe Kaukasi is applying for home detention: three months before his eligible parole date, as I wished to attend I was asked to have the submission in by April 16, 2004.
Sensible Sentencing has contributed greatly to the changes in legislation for tougher sentences for the very worst crimes. Unfortunately our Justice Minister has seen fit to also put in place tougher sentences for victims and their families as well. Previously criminals were eligible for parole after serving two thirds of their sentence: they are now eligible for parole after serving only one third of their sentence and worse still they may also apply for home detention five months prior to that!
Riki Rapira is eligible for parole in September, 2004, I am sure he will also apply for home detention in May, 2004, therefore we are facing two hearings a year for each inmate instead of one. This means we will have 10 hearings every year until they are released.
Thank you for your support
--- Rowene Marsh Potaka & Marsh family
Les Probert
Mayor of Wairoa
Photo :
HB Today Newspaper
In September, 2002, seven of the nine young thugs were convicted for the heinous murder of my son Michael Choy on September 13, 2001. Earlier, one who had pleaded guilty had already been sentenced. The other, due to a very clever lawyer, managed to escape conviction but was caught in a burglary several months later! In the 19 months since that time, we have had to make six written submissions, two oral submissions: and my husband Ken, Marc Alexander and I have attended a parole hearing for Casie Rawiri at the Christchurch Women’s Prison in March 2003.
- Rita Croskery
SST Ambassador
All contributions for this column would be most welcomed.
At 5am on a Sunday in 1991 Roma entered the Reaney home arming himself with a carving knife and axle stand. He attacked Belinda and Steve Reaney and their baby as they lay sleeping in their bed. Fortunately they fought him off receiving severe bruising and cuts. Roma fled the house. They immediately checked on their other children. They found their two little boys’ heads had been bashed in with an axle stand as they lay sleeping in their beds. Both boys were put on life support systems. Michael aged 10 survived. Simon aged 7 died. Parents have the right to tuck their children up in bed knowing they will not be harmed and law-abiding citizens in society have the right to be protected from such horrific crimes. Roma received a life sentence. For 3 years the Reaney family attended parole hearings at great financial and emotional cost trying to keep Roma out of society. Despite their pleas he was released last year, with an assurance that he had been rehabilitated. Less than six months after his release he masturbated in front of a group of children in a shopping mall. This is not the behaviour of a rehabilitated person. He was charged with committing an indecent act and sentenced to 6 months to be served concurrently with his parole recall to continue his life sentence.The absurdity of all this is that Roma comes up again for parole in June this year.
The Reaney family once again face the trauma of parole hearings and society is once more put at risk. If parole was abolished and Roma served a real life sentence the Reaney family would at least be given their right to get on with their lives without being haunted by the heinous actions of their son’s killer and society would have the protection it rightly deserves.
- W. Pedler
I got flowers today.
It wasn’t my birthday or any other special day.
We had our first argument last night
He said a lot of cruel things that really hurt me.
I know he is sorry and didn’t mean the things he said
Because he sent me flowers today.
I got flowers today.
It wasn’t our wedding anniversary or any other special day.
Last night, he threw me into a wall and started to choke me.
It seemed like a nightmare. I couldn’t believe it was real.
I woke up this morning sore and bruised all over.
I knew he must be sorry because he sent me flowers today.
I got flowers today and it wasn’t Mothers Day or any other special day.
Last night, he beat me up again. It was much worse than all the other times.
If I leave him what will I do?
How will I take care of my kids?
What about money?
I am afraid of him and scared to
leave BUT I know he must be sorry
Because he sent me flowers today.
I got flowers today.
Today was a special day.
It was the day of my funeral.
Last night he finally killed me – He beat me to death!!!
If only I had gathered enough courage and strength to leave him
I would not have gotten flowers today!
(Sent to us by an SST member)
LAW AND ORDER MEETING AUCKLAND
The Auckland committee are hosting a promotional event of some
considerable size to show that Sensible Sentencing supporters aren’t in
the business of standing still.
Where : ELLIESLIE CONVENTION CENTRE
JULY 4, 2004 2pm - 4pm
Guest Speaker - Dr. Don Brash
Leader National Party
WITH OTHER GUEST SPEAKERS
Please keep the date free!! Tell your family, friends and workmates.
WE LOOK FORWARD TO SEEING YOU THERE
A gold coin donation to cover expenses would be appreciated.
92% OF KIWIS AGREE WITH US
but we need your help to continue
PLEASE RENEW YOUR MEMBERSHIP
Enclosed in this Newsletter is an Invoice
We would like you to become a member again in 2004
Members who have joined after June 03 will receive an invoice
automatically through the mail.
WE ARE MAKING A DIFFERENCE BUT WE
NEED YOUR CONTINUED SUPPORT TO HELP
US ACHIEVE OUR GOALS
The Board are formulating SST policy. We have had political parties approach us to discuss our policies with very positive feedback. The following are four of our 15 headings.
As soon as the policies have been finalised they will be posted on our website.
For your diary: Release of SST song soon
A THANK YOU
from the webmaster
TO
Ross Crosby
Currently resident in Australia, he has been invaluable in helping me keep the Offender Database up to date, keeping me supplied with new information and keeping me motivated to keep it up to date. He has ferreted out new data on over 200 Offenders, and as a result our database has grown immensely over the last year and is also more accurate and up to date.
EXCELLENT WORK
HELPING TO MAKE NZ SAFER
Tourism Holding Ltd. has kindly donated to the Sensible Sentencing Trust 10 days in a 4 berth Maui Motorhome within New Zealand or Australia.
SST Board have decided to tender this fantastic prize. Travel between 1st May - 30th September 2004. Please read details on the left. This is an opportunity to take a fabulous holiday and also support the Sensible Sentencing Trust.
Please send tender to :
The Secretary, Sensible Sentencing Trust
P.O. Box 701 NAPIER
Sensible Sentencing Trust THANKS Tourism Holdings for their amazing generosity.